Employment Law Changes for 2009

Compiled by Sally Angel of AS Consulting for the Center's annual Compensation & Benefits Survey.

Timesheets – A new law makes it illegal for an employer to require employees (as a condition for being paid) to sign off on timesheets or other time records that the employer knows to be false.  Employers that require employees to certify their hours worked must confirm that the hours reported are correct.  They must also provide employees the opportunity to correct time records if necessary.

IRS 2009 Standard Mileage Rate is 55¢ per mile down from the 58.5¢ that was in effect for the last half of 2008.  Companies are not required to reimburse at this rate but can negotiate the rate with employees as long as it fully reimburses the employee. (Note: miles driven by individuals for charitable purposes may be deducted at 14¢ a mile.)

Further Cell Phone Restrictions – Effective July 1, 2008, it became illegal to drive a motor vehicle while using a wireless phone unless the driver is using it in hands-free listening and talking manner.  As of January 1, 2009, drivers must not use an electronic communications devise to write, send, or read a text-based communication.  There are some exceptions and the law does not specifically impose requirements on employers.  However, we recommend drafting and providing a policy to employees on text-messaging while driving on-the-job. 

Pay Rate for Computer Software Employee Exemption – In September, 2008, the minimum pay rate for employees in the computer software field was changed to $75,000 annually, or $6,250 a month, or $36 per hour, to be considered exempt from overtime payments.  This is not an automatic exemption – there are other requirements relating to high level of skills and duties that must also be considered.

Pay Rate for Physicians for Exemption – Effective January 1, 2009, to retain exemption status, licensed physicians must be paid at least $69.13 hourly, $143,790 annually.

Family and Medical Leave Act – Eligible employees (spouse, child, parent, next of kin) of an armed services member injured in the line of duty may take up to 26 weeks unpaid leave in a 12 month period.   Employees with an immediate family member on active duty including those called to active duty in the reserves or national Guard may take up to 12 weeks unpaid leave in 12 months for a “qualifying exigency”. 

Paychecks for Temporary Workers – Temporary staffing agencies must pay their temporary employees on a weekly basis regardless of when their temporary assignment end.  As a nonprofit that uses temporary employees from such agencies you should be aware of the law even if it doesn’t directly impact your organization’s pay practices.

 I-9 Form – As of April 3, 2009, USCIS announced employers must use the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09). The new form is available on line at www.uscis.gov/portal/site/uscis

Americans With Disabilities Act Amendments Act of 2008 – The federal ADAAA offers greater protection for employees and more employees may qualify as disabled.  However, the changes have little impact on California employers because the Fair Employment & Housing Act is already more favorable to employees than the ADAAA.
 
For your information, the following State and federal agencies are excellent resources for information on employment laws. 

CALFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS
Division of Labor Standards Enforcement
www.dir.ca.gov/DLSE

CALFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS
Division of Workers’ Compensation
www.dir.ca.gov/DWC

CALFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS
Industrial Welfare Commission
www.dir.ca.gov/IWC/IWC.html

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
www.dfeh.ca.gov

US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
www.eeoc.gov

US DEPARTMENT OF LABOR, WAGE & HOUR DIVISION
www.dol.gov/esa/whd

US CITIZENSHIP &IMMIGRATION SERVCES
 www.uscis.gov/portal/site/uscis