Wage discrimination just became more expensive. On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009. The Ledbetter Fair Pay Act amends Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), and the Rehabilitation Act of 1973 to clarify that a separate unlawful act occurs each time compensation is paid pursuant to a discriminatory practice or compensation decision. Each paycheck, in other words, is a separate violation. The Ledbetter Fair Pay Act was in [...]

2009 New Minimum Hourly Wage Requirement For Computer Professionals to be Exempt From Overtime.

Pursuant to California Labor Code §515.5, to be exempt from overtime, computer professional must earn a minimum of $37.94 per hour, or $6,587.50 per month, or $79,050.00 per year. California employers should be aware that exempt computer professionals are still entitled to their meal and rest [...]

For 2009, the standard mileage rate deduction for business use of a vehicle is 55 cents per mile. Pursuant to California Labor Code §2802, California employers are required to reimburse employees for all expenses incurred by the employee in performing their duties, including expenses for travel, dining, and mileage (other than to and from work/home). The employee cannot agree to waive this right to receive reimbursement.

The California Labor Commissioner has also stated that any California employer who reimburses its employees at less than the standard IRS mileage rate (55 Cents for 2009) will have to prove that the employee’s actual expenses were in fact less than the standard IRS mileage rate, or be subject to liability for the difference.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained on this web site is not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed on a taxpayer under the U.S. Internal Revenue Service. [...]

Pursuant to California Labor Code §512, employers are required to “provide” all non-exempt California employees with a 30-minute meal break and a 10-minute rest break every four hours worked, if the workday is 5 hours or more. A question has arose as to whether the employer must offer the required meal and rest breaks, or actually ensure their employees take the required meal and rest breaks.

In [...]

Update: For 2009, to be exempt from California’s overtime provisions under the computer professional exemption codified in Labor Code §515.5, the computer professional must earn at least $79,050 annually ($6,587.50 monthly and $37.94 hourly) and still meet the duties requirements set forth below.

Although many computer professionals and [...]