NEW PAY REQUIREMENTS FOR TEMPORARY SERVICE EMPLOYEES (SB 940)
Pursuant to this new law, employees hired to perform temporary services must be paid on a weekly basis, regardless of when the assignment ends. Furthermore, wages for any given week must be paid no later than the regular payday of the following calendar week. At the completion of services, final wages due to the employee are due on the regular payday of the week after the assignment ends, and not on the final day of services (unless the employee is assigned on a “day-to-day” basis; if so, the employee must be paid at the end of each day).

FALSE TIME CARDS AFFIDAVITS PROHIBITED UNDER NEW LAW (AB 2075)
California Labor Code section 206.5 prohibits employers from requiring employees to execute a release of wages due unless the wages have already been paid, and makes it a misdemeanor if employers violate this provision. This new law clarifies “execution of a release” to include knowingly requiring an employee to execute false statements of hours worked as a condition of being paid, thereby addressing concerns that some employers were forcing employees to sign false affidavits about hours worked in order to defend against wage and hour claims.

TEXTING/E-MAILING WHILE DRIVING PROHIBITED UNDER NEW LAW (SB 28)
This new bill expands previous prohibitions against cell-phone use while driving. In addition to the prohibition against using cell phones without a hands-free device that went into effect on July 1, 2008, this new bill prohibits drivers from texting, e-mailing, or instant messaging while driving. Civil penalties are $20 for the first violation, and $50 for each subsequent violation.

NEW STREAMLINED PROCEDURE FOR FILING WORKERS’ COMPENSATION REPORTS (AB 2181)
This new bill eliminates duplication in the filing of workers compensation reports. Employers are no longer required to file an extra copy of the report with the Division of Labor Statistics and Research; instead, insured employers must simply file the report with their insurer, and self-insured employers must electronically file their report to the Workers Compensation Information System.

NEW SAN FRANCISCO COMMUTER BENEFITS ORDINANCE (Municipal Ordinance 199-08)
Effective January 19, 2009, employers with twenty or more employees are required to provide commuter benefits to employees in order to encourage the use of public transportation and vanpools. Employers are required to provide the following benefits to employees working more than ten hours per workweek in San Francisco: (1) a program allowing employees to make pre-tax elections of up to $110 per month for commuting costs; (2) employer-provided transportation at no cost to the employee (e.g. vanpool); or (3) an employer-provided transportation pass of at least $45 per month. Employers who fail to comply with this ordinance may be subject to civil or administrative penalties.

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