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Your Legal Corner - Client Alert Blog

New Employment Laws Take Effect January 1, 2011

Written By: Melissa C. Marsh, Esq., California Attorney, November 2010 Add to Favorites
Payroll Tax Changes For 2011

Beginning January 1, 2011, all California employers will be required to report the Unemployment Insurance, Employment Training Tax, State Disability Insurance contributions, and Personal Income Tax withholdings quarterly on Form DE-9 (Quarterly Contribution Return and Report of Wages ) instead of annually on the Annual Reconciliation Statement (DE-7). All California employers will also be required to report their detailed wage items for each employee on Form DE-9C, instead of the Quarterly Wage and Withholding Report (DE-6).

Registered California employers will receive the new forms automatically from the EDD by mail in January of 2011. California employers should continue to use Forms DE-6 and DE-7 for the remainder of 2010.

New Heat Illness Regulations for California Employers

In 2006, California's Occupational Safety and Health Standards Board (Cal-OSHA) implemented regulations requiring employers to protect outdoor workers from heat illness. The regulations required the employer to: (1) provide drinking water; (2) make shade available; (3) train both workers and supervisors; and (4) maintain a written heat illness prevention plan.

Effective November 4, 2010, Cal-OSHA revised its Heat Illness Prevention standards. The revised standards include high-heat procedure requirements for five industries, additional shade requirements with greater flexibility, and specifics on temperature triggers for heat safety procedures.

More information can be found at http://www.dir.ca.gov/dosh/HIP.pdf.

The Department of Fair Employment and Housing has issued new English and Spanish language posters, which can be viewed and downloaded for free. DFEH-162 (discrimination and harassment)</a>. To obtain copies of other publications, posters, and notices for a nominal fee, please visit DFEH Publications Order Form.

SB 1304 - Michelle Maykin Memorial Donation Protection Act

Effective January 1, 2011, California employees who have used all of their available sick and vacation time (a.k.a. Paid Time Off, or PTO) can take up to 30 days paid protected leave to donate an organ, and up to 5 days paid protected leave to donate bone marrow. If the employee has accrued PTO days, the employer can require the employee to first use up to five days of his or her accrued PTO to donate bone marrow, and up to two weeks of his or her accrued PTO to donate an organ.

Under the new law, employees returning to work after donating either bone marrow, or an organ, must be returned to the same, or equivalent, position they held when the paid leave began. The new law also prohibits private employers from interfering with, and retaliating against, employees who request paid leave to donate bone marrow, or an organ.

California employers should note that leave taken to donate either bone marrow, or an organ, does not run concurrently with leave taken under either the Family and Medical Leave Act (FMLA), or the California Family Rights Act (CFRA).

AB 569 – Some Businesses Are Now Exempt From Having to Provide a 30 Minute “Off-Duty” Meal Break

In general, California employers are required to give their employees one 30-minute, off-duty meal break per shift. AB 569 signed into law by Governor Schwarzenegger exempts construction workers, commercial drivers, certain security officers, and employees of electric, gas, and other public utilities from California's required meal breaks if those employees are covered by a valid collective bargaining agreement that provides the employee with the option of selecting a paid "on-duty" meal period. The full text of AB 569 is available here.


Tags: 2011 employment law, 2011 payroll tax, ca heat illness law, ca meal breaks
Posted In: Employment Law News 


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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.