CalChamber Releases List of New Laws Affecting Businesses in 2010

SACRAMENTO, CA - The California Chamber of Commerce has released a list of new laws scheduled to take effect in 2010 or earlier that will have an impact on businesses in California.
Among the training materials currently available is CalBizCentral's HR 201: Labor Law Update seminar, which is available at www.calbizcentral.com/hr201.The 2010 California Labor Law Digest offers legal background information including legislation, court cases and regulatory requirements in plain language organized to make complex laws understandable for businesses.
The following is a list of new laws that have recently gone into effect or will take effect in 2010:
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:
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.
CalChamber Offers Seminars on Labor/Employment Laws
Upcoming seminars presented by the CalChamber will provide updates on changes in human resources and labor and employment law requirements that will affect how companies do business in 2010.
Space is filling up fast for the HR 201: Labor Law Update seminars offered by CalBizCentral, the source for California business and human resource compliance products, presented by the CalChamber.
This seminar is designed for HR professionals or any employee responsible for HR duties. Each HR 201: Labor Law Update seminar will cover new federal and California legislation and regulations, and important case law about which employers should be aware.
For more information, visit www.calbizcentral.com/hr201.
The California Chamber of Commerce (CalChamber) is the largest broad-based business advocate to government in California. Membership represents one-quarter of the private sector jobs in California and includes firms of all sizes and companies from every industry within the state. Leveraging our front-line knowledge of laws and regulations, we provide products and services to help businesses comply with both federal and state law. CalChamber, a not-for-profit organization with roots dating to 1890, promotes international trade and investment in order to stimulate California's economy and create jobs. Please visit our website at www.calchamber.com.