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LEGISLATIVE NEWSNEW LAWS FOR 2008

CAN I MAINTAIN PERSONNEL FILES ELECTRONICALLY AND DESTROY THE ORIGINALS?

This list of new employment-related laws for 2008 includes brief descriptions of each and how they may affect your business.

AB 392 - Urgency Legislation, Military Spouse Leave
Governor Schwarzenegger signed AB 392, which requires employers with 25 or more employees to give qualified employees as many as 10 unpaid days off when their spouse is on leave from military deployment. A qualified employee is one who works for more than 20 hours per week whose spouse is a member of the Armed Forces, National Guard or Reserves who has been deployed during a period of military conflict. The employee must provide the employer with notice within at least two business days of receiving official notice that their spouse will be on leave from deployment that s/he wishes to take leave. The employee must also provide the employer with written documentation certifying the spouse will be on leave from deployment. This is an urgency statute, so it is effective immediately for all employers with 25 or more employees. CalChamber has created an employee request for leave form for its members.

What You Should Do:
1. Update your employee handbook to reflect these new requirements if you have 25 or more employees. 2. Provide a copy of your policy based on these requirements to employees. 3. Give employees requesting this leave a copy of the CalChamber request form.

SB 929 - Computer Professional Hourly Rate Lowered
The law exempts a computer professional from overtime requirements if the employee is primarily engaged in work that is intellectual or creative. This bill could lower the hourly minimum compensation from $41 to $36, effective Jan. 1, 2009 (actual amount to be set by Oct. 1 annually by the Department of Industrial Relations).

What You Should Do:
• Check www.hrcalifornia.com for updates when the 2008 and 2009 computer professional hourly rates are set. • Visit this page to get more information on the computer professional exemption.

AB 102 - Name Change, Domestic Partnership and Marriage License
Requires the state Secretary of State to amend domestic partner registration forms to include an option for either or both parties to change their middle and/or last names. The Secretary of State, when preparing the Certificate of Registered Partnership, must include the name used by each party before registration and any new name(s). The State Department of Public Health, on or after Jan. 1, 2009, must allow and create forms to authorize either party to a marriage to change their middle and/or last names. After Jan. 1, 2009 the marriage license forms must contain spaces for either party to change their name with a statement that it is being done so without intent to defraud. The Department must also prepare and publish a brochure containing specified information for distribution to applicants for marriage licenses and persons who qualify as domestic partners such as: options for changing a name, or a notice that recording a name change or the absence of a name change may not be amended once the marriage license is issued. Effective Jan. 1, 2008 a marriage license must include the maiden names of the parties' mothers and the female's maiden name if previously married. Effective Jan. 1, 2009, either party must be able to change their name, and the marriage license and License and Certificate of Non-Clergy marriage must include the last names at birth of each party's parents and any new name selected by either party for use upon solemnization of the marriage. Employer note: A person engaged in a trade or business of any kind or in the provision of a service of any kind is prohibited from refusing to do business with or refusing to provide the service to, or imposing a specified requirement upon the use of the name, as a condition of doing business with or providing the service to, a person who uses a name adopted upon the solemnization of marriage or registration of a domestic partnership.

What You Should Do:
• Maintain accurate personnel records and update when employees change their name. • Never discriminate against an employee who chooses to take advantage of this new law and changes his or her name. • To get more information on domestic partnerships in California, visit www.calchamber.com/HRC/Topics/DiscriminationandHarassment/TypesofDiscrimination/DomesticPartnership/

SB 869 - Workers' Comp
Authorizes the Labor Commission to systematically identify unlawfully insured employers and prioritize targets for the workers' compensation (WC) program in consideration of available resources. This bill requires the report to be posted on the Labor Commissioner's Web site. The funds will come from the WC revolving fund in the state treasury. The bill directs the Director of Employment Development to share information with the Labor Commissioner so she can more readily identify unlawfully insured employers.

What You Should Do:
1. Ensure all employees are covered by workers' compensation insurance. 2. Visit the website below: www.calchamber.com/HRC/Topics/WorkersCompensation/WorkersCompensationEssentials to get detailed information regarding the law and workers' compensation.

AB 632 - Health Care and Whistleblower Protection
This bill prohibits a health facility from discriminating or retaliating against any patient, employee, member of the facility's medical staff or any other health care worker of the facility because that person has (1) presented a grievance, complaint or report to an entity or agency responsible for accrediting or evaluating the facility or to any other governmental agency; or (2) has initiated, participated or cooperated in an investigation or administrative proceeding related to the quality of care, services or conditions at the facility. An employee who has been discriminated against in employment in violation of this bill shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the employer, or to any remedy deemed warranted by the court, as well as lost income and legal costs.

What You Should Do:
1. Do not discriminate or retaliate against individuals based on this new law. 2. To learn more about whistleblower, or anti-retaliation, laws, visit: www.calchamber.com/HRC/Topics/Termination/TerminationforCause/TerminatingAtwillEmployees/WhistleblowerProtection/.

AB 949 - Residential Care Facilities for the Elderly
Licensed residential care facilities for the elderly, before transferring a resident to another facility or independent living arrangement because of a loss of license or change of use of the facility because of eviction by the Department of Social Services, must take all reasonable steps to transfer safely and minimize possible trauma during relocation. If seven or more residents are transferred, a plan for closure for the affected residents must be submitted to the department for review and approval/denial. Facilities must also have an admission agreement explaining the facility's responsibility to prepare a relocation evaluation and closure plan, and a statement of the facility's responsibilities and the resident's rights in the event of an eviction. Penalties are $100 per violation per day. If a resident of a licensed residential care facility for the elderly is evicted, the resident is entitled to a refund of, or credit for, paid preadmission fees in excess of $500 (actual amount), depending on when the fees were originally paid to the facility.

What You Should Do:
1. Consult with legal counsel to ensure strict compliance with these requirements.

AB 1302 - Health Insurance Portability and Accountability Act
Extends the Act's duration to July 1, 2010.

What You Should Do:
1. Understand and comply with all HIPAA requirements. 2. Visit www.calchamber.com/HRC/Topics/Privacy/HIPAAPrivacyRule/.
Serving the Business Community
With its diversified membership of volunteer business leaders, the EDC is well equipped with the background and skills necessary for the program to operate at its highest possible level. Each is committed to the EDC's goals of identifying the needs, wants, and concerns of local businesses, and to the improvement of services among business, government, and the community.

When requested, the EDC has a Task Force available to meet with local business owners to discuss specific needs or problems. In many cases a better understanding of city regulations provides an on-the-spot solution. But whenever necessary, the EDC Task Force responds by communicating information directly to the proper city departments or staff along with recommendations for action.

Finally, the EDC is continually developing new ideas and programs and expanding its communications network within the local community as well as with other city, state, and federal agencies.





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