January 2008
Ho! Ho! Ho! EmployerWoes for 2008
By Karina B. Sterman, Esq.

The new year promises to keep human resources professionals and employers busy, as everyone struggles to keep up with the following new California laws, going into effect on January 1, 2008 (unless otherwise noted).

SB 869 -Workers' Compensation This law authorizes the Labor Commissioner to systematically identify unlawfully uninsured employers and prioritize targets for the Workers' Compensation program in consideration of available resources. This bill requires the report to be posted on the Labor Commissioner's website and creates ready targets for fines and penalty assessments.

SB 929 - Computer Professional Hourly Rate Lowered This bill lowers the hourly minimum compensation from $41 to $36 while still permitting certain computer professionals to be exempt from overtime requirements if the employee is primarily engaged in work that is intellectual or creative. The rate for 2009 will be set by October 1, 2008 by the Department of Industrial Relations.

SB 1613 - Using Cell Phones While Driving Effective July 1, 2008, those caught talking on a hand held cell phone while driving (other than for certain emergency purposes) will be fined up to $50 per violation. Employers should make sure employees have hands free devices, which are still permitted.

AB 338 - TemporaryDisability Payments This law changes how temporary disability ("TD") is paid to injured workers. Under existing law, an injured worker can receive 104 weeks of TD benefits. Previously, those benefits had to be paid within 104 weeks (two years) of the first date that the temporary disability is paid. Now, however, injured workers are eligible for 104 weeks of temporary disability as long as those benefits are paid within five years of the date of injury. Total paid benefits are still capped at 104 weeks, but the injured worker has a longer period of time in which to collect those benefits.

AB 392 - Urgency Legislation, Military Spouse Leave Employers with 25 or more employees must give each "qualified employee" up to 10 unpaid days off when his/her spouse (who is a member of the Armed Forces, National Guard or Reserves) is on leave from active military deployment. A qualified employee is one who works more than 20 hours per week whose spouse is a member of the service who has been deployed during a period of military conflict. The employee must provide the employer with notice within at least two business days of receiving official notice that the spouse will be on leave from deployment that s/he wishes to take leave. The employee must also provide the employer with written documentation certifying the spouse will be on leave from deployment.

AB 632 -Health Care andWhistleblower Protection This bill prohibits a healthcare facility from discriminating or retaliating against any patient, employee, member of the facility's medical staff or any other health care worker of the facility because that person has 1) presented a grievance, complaint or report to an entity or agency responsible for accrediting or evaluating the facility or to any other governmental agency; or 2) has initiated, participated or cooperated in an investigation or administrative proceeding related to the quality of care, services or conditions at the facility. An employee who prevails as a protected victim under this law shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the employer, or any other remedy a court deems appropriate, in addition to lost income and legal fees and costs.

AB 650 - Employer Required Notification Earned Income Tax Credit California employers who are required to provide unemployment insurance must notify all employees that they may be eligible for the federal Earned Income Tax Credit within one week before or after, or at the same time, the employer provides an annual wage summary including but not limited to a Form W-2 or Form 1099. The notification must be handed directly to the employee or mailed to the employee's last known address.

AB 3082 - Social Security Numbers Employers are prohibited from: o Requiring an individual to use his/her Social Security number to access a website, unless a password, unique identification device or unique personal identification number also is required to access the site; o Public posting or displaying of an individual's Social Security number; o Printing an individual's Social Security number on any materials that are mailed to the individual, unless state or federal law requires the Social Security number to be on the mailed document; o Printing an individual's Social Security number on any card required for the individual to access products or services provided by the person or entity; and o Requiring an individual to transmit his/her Social Security number on the Internet unless the connection is secure or the Social Security number is encrypted. Continued Use of Number: Subject to certain conditions, an employer that has used an individual's Social Security number previously, may continue to do so. However, whenever any employee who requests that his or her Social Security number not be used, the employee must stop using it within 30 days of the receipt of the request.

New I-9 Form Issued As referenced in the December 2007 issue of the Employment Law Reporter, the US Citizenship & Immigration Services has issued a new I-9 form that must be used for employee verification. The new I-9 can be accessed at www.uscis.gov/i-9.