2008 California Legislative Updates For Employers

With the New Year, new legislative updates go into effect in California. Below is a summary of some of the newly enacted legislative updates for California employers in 2008.

New Legislative Updates

Computer Professional Exemption (SB 929)

Effective January 1, 2008, the required hourly rate for individuals classified as exempt under California's Computer Professionals' exemption will be reduced from $49.77 to $36.00 per hour. This amendment to section 515.5 of the Labor Code decreases the hourly rate for those classified as exempt pursuant to the computer professionals exemption.

California Minimum Wage

California's current minimum wage rate of $7.50 will rise to $8.00 an hour for employees of all industries. Beginning January 1, 2008, all employers must pay non-exempt employees wages no less than $8.00 an hour for all hours worked. This will also increase the minimum salary requirements for employees classified as exempt under the administrative and executive exemptions.

Pharmacists' Alternative Workweek Schedule (SB 812)

Pharmacists who work in the mercantile industry, under Wage Order 7 of the Industrial Commissions, will be allowed to adopt an alternative workweek schedule similar to that currently permitted by Wage Order 4. Thus, pursuant to Labor Code Section 1186.5, the pharmacists will be permitted to adopt an alternative workweek schedule, without the restrictions of 2 consecutive days off, as mandated by Wage Order 7.

Military Leave for Spouses (AB 392)

A new amendment to the California Military and Veteran's Code stipulates that employers of more than 25 employees must provide each employee with up to 10 days of unpaid leave when his or her spouse is on leave from military duty. To qualify for spousal military leave, an employee must work an average of at least 20 hours per week and have a spouse or registered domestic partner in the United States Armed Forces, Army Reserves, or the National Guard and on active duty in an area of military conflict. The employee must give his or her employer at least two business days notice of the requested leave and provide written documentation to certify that his or her spouse is on deployment leave.

San Francisco Paid Sick Leave

San Francisco employers should be mindful of the City sponsored Health Care Security Ordinance ("HCSO"), where under Chapter 12W of the San Francisco Administrative Code, employers are required to provide paid sick leave to each employee who performs work in San...