New Employment Laws – 2010 Special Report


As the calendar flips to 2010, it's a good time to make sure you are up to date with the most recent laws and regulations.

Review each page below to learn what you need to do and make sure you understand your responsibilities under the new AND recent laws and employment regulations that will impact how you run your business in 2010.

Also, check the Required Posters and Notices chart to make sure you are compliant. You can purchase required posters that combine state and federal employment regulations and notices from the California Chamber of Commerce. CalChamber monitors changes and updates to employment and labor regulations as well as the introduction of new laws so that you can focus on running your business. Staying compliant is easier when you take advantage of CalChamber's CalBizCentral resources.
The new Form I-9 for employment eligibility verification contains an updated list of acceptable documents employees must present upon hiring. The purpose of this form is to document that new employees – both citizen and noncitizen – are eligible to work in the United States. Within three days of hire, all employees must complete the form and provide documents that establish identity and employment authorization.

Revised Aug. 7, 2009
Increases employee withholdings, supplemental wage withholding, and wage stock options and bonuses. As part of California's new state budget adopted in the summer of 2009, state income taxes withheld from paychecks will increase 10 percent. Employees' individual annual income tax bills will not increase; the amount owed in taxes in April 2010 will be adjusted to reflect the withholding increase.

Already in Effect

Rates for exempt computer professionals and licensed physicians do not change for 2010. Make sure you understand which aspects of overtime compensation and related employment regulations apply to your staff.

Effective Jan. 1, 2010
 
Labor Code section 511, which regulates workweek schedule alternatives, has been amended to permit the option for an eight hour day as part of the menu options offered to employees. This change to the employment schedule law is designed to give employers more flexibility in structuring their employees' time.

Already in Effect

Federal legislation changed the definition of who is covered for "qualifying exigency" leave related to servicemembers. Part of the National Defense Authorization Act, this new definition also expands FMLA provisions pertaining to military caregiver leave. Both qualifying exigency and military caregiver leave now include time off to care for veterans under certain circumstances.

Already in Effect          
 
AB 1083 adds requirements to Health and Safety Code. All licensed hospitals are required to annually conduct a safety and security assessment. Under the new law, hospitals must review and update their security regulations to ensure that patients and workers do not become victims of violence.

Effective Jan. 1, 2010

More New Laws

These new regulations and employment laws can affect multiple aspects of your business. Make sure you understand which laws pertain to your size business and type of employees or contractors. For clarification or explanation of these new requirements and amended laws, turn to CalBizCentral's resource center or helpline.

Out-of-State Marriages
  • California recognizes out-of state marriages as legal in California if they are legal in the state where marriage occurred. Senate Bill 54 provides that a marriage between two persons of the same sex contracted outside California that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in California if the marriage was contracted prior to Nov. 5, 2008.
Workers' Comp Update
  • Workers' compensation cannot be denied because an employee was killed under specific circumstances. Learn more about the details regarding this new law from CalBizCentral's Labor Law Helpline experts.
  E-Verify for Federal Contractors
  • Federal contractors and subcontractors must use the E-Verify system when hiring employees. Other employers may use verification system if they wish. E-Verify is an Internet-based system that allows an employer to determine the eligibility of an employee to work in the United States based on information the employee provided on his or her Form I-9. E-Verify is operated by the Department of Homeland Security and Social Security Administration.
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. Learn the details of the Civil Air Patrol Employment Protection Act-including the number of days of leave allowed and employee requirements-from CalBizCentral.

CalBizCentral provides the information and tools your business needs to stay compliant with state and federal law while also helping you to foster a positive and supportive working environment. Both you and your employees can enjoy an increased sense of confidence in your business's integrity and future success knowing that two of your top priorities are the enforcement of employment law and well-being of your labor force. Unload some of the burden of understanding these complicated regulations by relying on the expertise of CalBizCentral.

Avoid significant fines and penalties by displaying the required notices poster appropriately and implementing the necessary human resources procedures at your business. To help you meet compliance requirements properly and efficiently, CalBizCentral offers cost-effective kits, guides, and references as well as all the necessary posters and forms. Moreover, these resources are consistently and frequently updated so that you and your employees, and business, will always be protected.


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