January 1, 2009

New California laws become effective Jan.1

Each year the California legislature passes a number of laws that become effective on Jan. 1. A total of 772 bills were signed into law including more than 80 changes to vehicle code rules.

This year’s laws vary from no texting while driving to impounding vehicles sold by unlicensed dealers to increases in computer pay for professionals and increases in family leave for military families.

New motor vehicle laws
Among the new laws is AB 2241, which limits the issuance of temporary operating permits to those individuals whose vehicles have yet to pass a smog check. The law calls for a $50 fee for one 60-day temporary operating permit only if the vehicle has been tested at a smog station and failed. The extension can be for no more than 60 days from the date registration is due. The $50 fee will be waived for owners accepted into the Bureau of Automotive Repair Consumer Assist-ance Program (CAP).

In the past, owners were able to secure a temporary operating permit for 60 days or more if, after paying their renewal fees on time, they were unable to get a smog certificate for any reason. The continued operation of vehicles that have not met California’s smog test requirements is estimated to be emitting one to two tons per day of hydrocarbons and oxides of nitrogen.

Another law that will take effect in 2009 is SB 28, which coincides with the cell phone law of 2007 and prohibits text messaging with a cell phone or other text-based communications while driving a vehicle. This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communication device, such as a cell phone, while driving.

AB 2042 allows law enforcement officers to impound vehicles sold by unlicensed dealers.

SB 1720 makes it a crime to forge, counterfeit or falsify a Clean Air Sticker. These stickers are currently issued by DMV to certain low emission vehicles and permit vehicles with these stickers to be driven in the HOV lane.

AB 1165 in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver’s license for one year under a zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation.

SB 1455 is a new “Gold Star Family” special interest license available to family members of individuals killed in the line of duty while serving in the Armed Forces during wartime or military operations.

AB 2272 changes the definition of a motorcycle, deleting the existing weight limitation of 1,500 pounds. It also removes a separate definition for electrically powered vehicles. This change in law will also allow drivers of fully enclosed three-wheeled motor vehicles to use the High Occupancy Vehicle (HOV) lanes.

Temporary employees
Wages for employees of temporary services employers shall be paid weekly or daily if the work less than 90 days.

Wages for employees of temporary services employers shall be paid weekly or daily if an employee is assigned to a client on a day-to-day basis or to a client engaged in a trade dispute. This requirement does not apply to employees who are assigned to a client for over 90 consecutive calendar days unless the employer pays the employee weekly. Failure to do so can result in civil and criminal penalties.

Families who have members who are active in the military are eligible up to 12 weeks of leave if they meet the “qualifying exigencies: short notice deployment, attendance at official military events or activities, arranging or providing childcare, attending school or daycare meetings, handling financial and legal matters, and rest and recuperation visits when the soldier is on leave.”

A bill amended Labor Code 206.5 making null and void the execution of any release on account of wages due. Employers who violate this law are guilty of a misdemeanor. The new law adds the following language: “For purposes of this section, ‘execution of a release’ includes requiring an employee, as a condition of being paid, to execute a statement of the hours he or she worked during a pay period, which the employer knows to be false.”

Another bill amended the Labor Code 515.5 to allow payment to computer professionals as a monthly or annual salary. Before this change, computer professionals had to earn a minimum hourly rate, set by the Division of Labor Statistics and Research (DLSR) annually. The hourly rate for 2009 is increased from $36.00 to $37.94. For 2009, the minimum monthly salary exemption is $6,587.50, and the minimum annual salary exemption is $79,050.00.

A licensed physician or surgeon who is primarily engaged in performing duties for which licensure is required is exempt from overtime if he/she is paid at least the minimum hourly rate set annually by the state. Effective Jan. 1, the minimum hourly rate is $69.13. This exemption does not apply to employees in medical internships or resident programs, physician employees covered by collective bargaining agreements or veterinarians.
The Departments of State and Homeland Security have begun to issue “passport cards” which may be used as a “List A” document to verify employment in accordance with the I-9 form.

The passport card is more limited in its uses for international travel (e.g., it may not be used for international air travel), but it is a valid passport that attests to the U.S. citizenship and identity of the bearer. Accordingly, the card may be used for the Form I-9 process and can also be accepted by employers participating in the E-Verify program.

The passport card is considered a List A document that may be presented by newly hired employees during the employment eligibility verification process to show work authorized status. List A documents are those used by employees to prove both identity and work authorization when completing the Form I-9.

In July 2008, the president of the National Labor Relations Board (NLRB) issued guidelines to employers concerning employee participation in political advocacy activities and providing guidance to employers as to when disciplinary actions for these activities may be appropriate.

The memorandum provides that:

— Non-disruptive political advocacy for or against a specific issue, related to a specifically identified employment concern that takes place during employees’ own time and in non-work areas, is protected;

— On-duty political advocacy for or against a specific issue, related to a specifically identified employment concern is subject to restrictions imposed by lawful and neutrally applied work rules;

—Leaving or stopping work to engage in political advocacy for or against a specific issue, related to a specifically identified employment concern may also be subject to restrictions imposed by the employer.

Labor Code section 6409.1 was amended to change the reporting of work-related injuries and illnesses. Currently, form 5020 must be filed with the Division of Labor Statistics and Research (DLSR) within five days of an incident. Once the regulations are finalized, insured employers must file a form as prescribed by the Division of Workers’ Compensation (DWC) with the DWC, and self-insured employers must use a new, yet to be created, electronic form within the time specified by the DWC. Amended reports following a death must now be filed with the DLSR instead of the DWC. Insurers must use a new, yet to be created, electronic form with the DWC.

The bill specifies that regulations must be created to implement these changes, which will not go into effect until the regulations are finalized.

Nutritional information for chain restaurants
A new law requires chain restaurants with 20 or more facilities in California to post nutritional information. Beginning July 1 to Dec. 31, 2010, each facility must disclose nutritional information or calorie count information about the food it serves. Nutritional information includes, but is not limited to, all of the following, per standard menu item, as that item is usually prepared and offered for sale:

— Total number of calories;
— Total number of grams of carbohydrates;
— Total number of grams of saturated fat; and
— Total number of milligrams of sodium.

Beginning 120 days after Aug. 22, 2008, San Francisco employers with 20 or more employees are required to provide commuter benefits to employees who work at least 10 hours per workweek within the geographic boundaries of San Francisco. This includes offering employees at least one of the following transportation benefits:

—A pre-tax election of a maximum of $110 per month, consistent with current federal law;

— An employer-provided transportation pass (or reimbursement for one) equal in value to $45 (or more) per month;

— Employer-provided transportation at no cost to employees

Other laws effective Jan. 1 include one requiring reports of theft from elderly folks at convalescent homes must get reported directly to the district attorney’s office in all California counties.