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2010 New Laws
December 15, 2010
Garden Grove Chamber Informs Businesses of New Laws
A number of legislative and
regulatory changes will take effect in 2010 that may impact the
operations and planning of local businesses.
“It is important for our members
to be informed and up-to-date on important new laws that may
impact their bottom line as business owners,” stated Dr. Les
Malo, Chair of the Garden Grove Chamber’s Government Affairs
Committee.
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:
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$37.94/hour
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$6,587.50/month
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$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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