On September 25, 2008, the ADA Amendments Act of 2008 was signed into law by President Bush. It becomes effective January 1, 2009. This new law is designed to undo several Supreme Court decisions and thereby broaden the number of individuals who can seek protection under the Americans with Disabilities Act (ADA). The amendments include the following highlights:

a. Employers must assess whether an individual is disabled without considering corrective measures, i.e. medical supplies or equipment (except for glasses or contacts); use of assistive technology; auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

b. An impairment that is episodic or in remission constitutes a disability if it would substantially limit a major life activity while active.

c. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

d. The list of “major life activities” is expanded to include, but is not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working; as well as “major bodily functions” such as the function of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

e. The “regarded as disabled” standard is lowered to prohibit an action prohibited under the ADA because of an actual or perceived physical or mental impairment, whether or not such impairment is perceived to limit, or actually limits, a major life activity. The “regarded as disabled” standard does not apply to impairments that are transitory and minor. A “transitory” impairment is one with an actual or expected duration of 6 months or less.

f. Employers may not use qualification standards, employment tests, or other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, as used by the employer, is known to be related to the position and is consistent with business necessity.

Because the ADA Amendment Act brings the ADA more in line with California’s disability laws under the Fair Employment and Housing Act (FEHA), California employers can expect to experience few changes in their administration of disability accommodation policies. Employers should continue to comply with the requirements of FEHA.

In January 2008, President Bush signed into law the expansive amendments to the FMLA which provide greater benefits to employees who have family members in the armed services. The new law became effective immediately.
On November 17, 2008, the DOL issued final regulations addressing the new military family leave as well as updating existing FMLA regulations.
Continue Reading New FMLA Regulations for Military Family Leave and Other Updated FMLA Regulation

Effective January 1, 2009, Senate Bill 940 creates new wage and hour requirements for temporary service employers. Along with adding section 210.3 to the California Labor Code, SB 940 also amends sections 203, 203.1, 204, 210, 215, 220, and 2699.5 of the Labor Code. Existing law requires that employers pay their employees twice during each calendar month. SB 940 creates a special set of requirements for temporary service employers with employees’ working week-to-week or day-to-day. Employees on week-to-week assignments are now required to be paid weekly, while employees working day-to-day must be paid daily. Further, employees assigned to clients engaged in a trade dispute must be paid daily. These new requirements do not apply to employees who are assigned to a client for more than 90 consecutive calendar days.
Because existing law imposes civil and criminal penalties for wage violations, SB 940 also creates state-mandated local programs to enforce these existing civil and criminal penalties for violations of the new temporary employee wage requirements.

California passed SB 28 which makes it illegal to read or send text messages while driving in California. The law goes into affect on January 1, 2009. The bill imposes a $20 fine for a first offense and $50 for repeat offenders using any electronic devices to read or send messages. California motorists using cell phones have been required to use hands-free devices since July 2008 when speaking on the phone, and drivers under age 18 can’t use any electronic devices.  Employers should conform their workplace policies accordingly.

AB 10 was passed and clarifies that computer professionals who meet the computer professional exemption requirements outlined in Labor Code section 515.5, are exempt if they are paid no less than $36 per hour if paid on an hourly basis, and if no less than $75,000 per year for full-time employment if paid on a salary basis. Such salary must be paid at least once a month at a monthly rate of no less than $6,250.