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
New Wage Requirements for Employers of Temporary Service Employees (SB 940)
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.
Blackberry Alert: California Bans Texting While Driving (SB 28)
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.
California Clarifies Compensation Requirements for Computer Software Professional Overtime Exemption (AB 10)
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.