As part of our continued effort to keep our members
close to legislative and regulatory developments that
may impact their operations, I’d like to report briefly
on a number of changes that will take effect in 2010.
Please find below background information on a number of
issues that we believe could fundamentally change the
environment businesses face.
New Form I-9
Revised August
7, 2009, the new Form I-9 contains an updated list of
acceptable documents that employees must present upon
hiring. The new form also bears a note that all documents
presented to establish identity and/or ability to work in
the United States must not be expired.
E-Verify Required for Federal Contractors
Federal
contractors and subcontractors must use the E-Verify system
when hiring employees. Other employers may use the
verification system if they wish to do so. E-Verify compares
Form I-9 document information against federal government
databases to verify employment eligibility.
Increase in State Withholding
State
withholding increased on November 1, 2009. There is a 10
percent mandatory increase on employee withholdings, a 0.6
percent increase in supplemental wage withholding and a 1.2
percent increase on wage stock options and bonus payments.
Alternative Workweek Schedules
The law
regarding alternative workweek schedules was amended to
permit an eight-hour day as a valid alternative schedule.
Additionally, the Division of Labor Standards Enforcement (DLSE)
issued an opinion letter stating that under some
circumstances, an alternative workweek schedule may be in
place for less than a full year — for example, during the
summer months only.
FMLA Amendments
Federal
legislation changed the definition of which service members
are covered for leave under the "qualifying exigency"
category.
For regular Armed Forces members, "covered active duty"
means duty during the deployment with the Armed Forces to a
foreign country. Reservists are covered when they are on
duty during deployment with the Armed Forces to a foreign
country or notified of an impending call to active duty.
Civil Air Patrol Leave
Employers with
more than 15 employees are subject to a new leave for
employees who are volunteer members of the Civil Air Patrol.
Minimum Wage for Exempt Computer Professionals and
Licensed Physicians
Rates for exempt
computer professionals and licensed physicians do not change
for 2010. The current rates for these professions are:
Computer Professionals:
• $37.94/hour
• $6,587.50/month
• $79,050/year
Licensed
Physicians:
• $69.13/hour
Safety
AB 1083 (John A.
Perez; D-Los Angeles) adds requirements to the Health and
Safety Code requiring all licensed hospitals to annually
conduct a safety and security assessment.
SB 188 (Runner; R-Lancaster) amends the Code of Civil
Procedure to permit post-secondary educational institutions
to seek temporary restraining orders and an injunction on
behalf of a student or students. This requires written
consent of the student(s).
Out-of-State Marriages
California
recognizes out-of-state marriages as legal in California if
they are legal in the state where the marriage occurred. SB
54 (Leno; D-San Francisco) provides a same-sex couple's
marriage, valid in the state in which it was contracted,
will receive the same rights in California as spouses, with
the exception of the designation of "marriage."
Workers' Compensation Cannot Be Denied
Workers'
compensation cannot be denied because an employee was killed
by a third party in the course of the employee's work, no
personal relationship existed between them and the
injury/death was because of third party's personal belief
relating to the employee's race, religion, color, national
origin, age, gender, disability, sex or sexual orientation.
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