CALIFORNIA:
Military Spouse Leave (AB 392) - As an
emergency measure, this bill took effect immediately upon
signing on October 9, 2007 and applies to employers with 25
or more employees. Eligible employees may be granted up to
10 unpaid days off to spend time with a spouse who is on
leave from military deployment. Employees must provide
employers written documentation certifying the spouse will
be on leave from deployment within two business days' notice
of receiving official notice. Eligible employees are a
spouse of a member of the Armed Forces, National Guard or
Reserves who has been deployed during a period of military
conflict and who works for more than 20 hours per week.
Social Security Numbers (AB 3082) – Effective
January 1, 2008, requirements for the privacy of social
security numbers increases. For practical purposes this
means that employers must limit the use of a social security
number on paychecks to the last four digits. Also, it is
recommended that “employee numbers” are unrelated to the
social security number. The law now prohibits:
•
Public posting or displaying of an individual's Social
Security number.
• Printing
an individual's Social Security number on any card required
for the individual to access products or services provided
by the person or entity.
•
Requiring an individual to transmit his/her Social Security
number on the Internet unless the connection is secure or
the Social Security number is encrypted.
•
Requiring an individual to use his/her Social Security
number to access a Web site, unless a password, unique
identification device, or unique personal identification
number also is required to access the site. This may require
a change in systems used to access or transmit personal,
business, human resources or payroll information on the
Internet.
• Printing
an individual's Social Security number on any materials that
are mailed to the individual, unless state or federal law
requires the Social Security number to be on the document
mailed.
This law does not prevent the
collection, use, or release of a Social Security number as
required by state or federal law or the use of a Social
Security number for internal verification or administrative
purposes.
Cell
Phones While Driving (SB 1613) – Effective July
1, 2008, all CA drivers must use a hands-free device while
driving and using a cell phone, or face fines of up to $50
per violation. Employers should consider implementing a
policy outlining the requirement and reiterating that
business calls cannot be made/received while driving, and
should rather, be made by pulling off the road onto a safe
location.
Computer Professional Hourly Rate Lowered (SB 929) –
Computer software professionals can qualify for overtime
exemption if they meet certain duties requirements and are
paid a specified hourly rate, set annually based on
inflation rates by the state Department of Industrial
Relations. On Jan. 1, 2008 the minimum hourly rate for
exempt computer software professionals will be
lowered from the 1/1/07
rate of $49.77 per hour to $36.00. Annualized based on an
employee who works 2080 hours per year, the annual amount is
$74,880. This is the first decrease
in the hourly amount and was purportedly made to make CA
more competitive in the labor market.
2008 HR
Compliance Requirement Reminders
1. Minimum Wage
•
Federal
Minimum Wage – The
Federal Minimum wage increased to $5.85 on 7/24/07 and will
increase again on 7/24/08 to $6.55
and then finally again on 7/24/09 to $7.25. A new
Federal posting was made available for the July 2007 change
and can be downloaded by
clicking here
(the next topic in this article will address employment
postings).
•
CA Minimum Wage – CA
minimum wage increased to $7.50 on 1/1/07 and will increase
again on 1/1/08 to $8.00.
Check to make sure that your employment postings list the CA
increases for 2007 and 2008 (the next topic in this article
will address employment postings).
2.
Employment Posters –
Many employers purchase
“all-in-one” employment posters for their workplace to
comply with the many state and federal posting requirements
from various agencies. If you purchased
2007 posters from TPO and
also posted the new Federal Minimum Wage posting described
above, you do not need to purchase a 2008 all-in-one poster
set. However, if you like your postings to look neat and
tidy (as opposed to the new federal minimum wage posting
affixed over the old posting), or if you did not purchase
2007 posters from TPO, then you can order 2008 posters from
TPO by
clicking here.
3.
NEW I-9 form, effective 12/26/07 – A new Form I-9
becomes effective on December 26, 2007 and must be used for
all new hires or re-verifications. The use of any previous
version of Form I-9 will no longer be valid after 12/26/07
and employers do not need to complete new forms for existing
employees for whom an I-9 has been properly completed. The
new Form I-9 changes include: 1) the Social Security Number
no longer must be used in Section 1 of Form I-9, unless the
employer participates in E-Verify and 2) the list of
acceptable documents is updated on Section 3 of the form.
TPO is offering an I-9 clinic on 1/9/08 on managing the I-9
process. Click here
to register.
4.
Social Security “Mis-Match” Letters and DHS’s “Safe Harbor”
Rule – After much debate about the Department of
Homeland Security’s (DHS) “Safe Harbor” rule which would
have required the Social Security Administration to inform
employers that they could face civil and criminal penalties
if they failed to follow DHS’s safe harbor procedures upon
receipt of a No Match letter was “stayed” on November 23,
2007 until March 24, 2008. This means that the safe harbor
rule is not in effect, though the DHS has indicated that it
plans to reintroduce guidelines on this topic. Stay tuned as
this important topic continues to be battled in court and in
employment.
5.
2008 IRS Mileage Rate – Beginning Jan. 1, 2008,
the standard mileage rates for the use of a car (including
vans, pickups or panel trucks) will be 50.5 cents per mile
for business miles driven. The new rate for business miles
compares to a rate of 48.5 cents per mile for 2007. The
standard mileage rate for business is based on an annual
study of the fixed and variable costs of operating an
automobile.
6.
OSHA FORM 300A – Mark your calendars so you don’t
forget this completed form must be posted between
February 1 and April 30 of each
year. This posting requirement is designed to
alert workers to hazards that may exist in their workplace
and TPO will send out an “eCompliance” to all members in
January reminding them of this obligation.
Article written by:
Melissa Irwin,
sphr-ca |
Therefore, if you are in the process of planning this year's
celebration for your employees, please consider the
following points as part of that planning. Whether an
official company-sponsored event or an unofficial couple of
glasses of wine at the end of the day, certain measures
should be taken to help minimize any related liability and
most importantly, the safety of your employees and the
public.
ompanies with business in
over 20 states nationwide with services including payroll
and human resources software solutions, a variety of time
and attendance system and a range of employee benefit
programs. We invite you to view their website at
Anthony
Altfeld, City Manager:
"The TPO team has offered
the City of Marina a myriad of coaching, training and
specialized services that have positively affected every
department and has served to enhance our already strong
Human Resources Department.
We
only have office staff and a few outside sales people. Is it
necessary for us to have an Illness & Injury Prevention Plan
(IIPP)?
In
California, every employer has a legal obligation to provide
and maintain a safe and healthful workplace for employees
(Occupational Safety and Health Act of 1973). As of 1991, a
written, effective Injury and Illness Prevention Plan (IIPP)
is required for every California employer. 
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