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Your Legal Corner - Client Alert Blog

New California Employment Laws For 2009

Written By: Melissa C. Marsh, Esq., California Attorney, January 2009 Add to Favorites
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 breaks.

An employee release that requires the employee to acknowledge a false time record are void.

Pursuant to California Labor Code §206.5, California employers who require their employees to acknowledge a false time record are guilty of a misdemeanor.

Temporary Employees Must Be Paid Weekly, and Day Laborers Must Be Paid Daily.

Pursuant to Labor Code §201.3, temporary employees (from a temp agency) whose employment period is uncertain must be paid weekly, while day laborers must be paid at the end of each day. Failure to properly compensate these employees can result in both civil and criminal penalties.

San Francisco Employees Entitled To Commuter Benefits.

San Francisco employers with 20 or more employees who work at least 10 hours per week, in or outside San Francisco, must provide each employee with: (1) a pre-tax benefit of $115 per month for transportation; OR (2) a transportation pass (or reimbursement for one) valued at $45 or more pre month; OR (3) an employer provided shuttle service. Failure to comply may result in a fine of $100 for the first violation, $200 for the second violation and $500 for each additional violation.

Pursuant to the Appellate Court’s Ruling In Brewer v. Premier Golf Properties Employees Cannot Recover Punitive Damages For Wage and Hour Labor Code Violations.

In Brewer v. Premier Golf Properties, __ Cal.4th __ (2008), the California Appellate Court held that punitive damages are not recoverable in wage and hour claims for two reasons: (1) California Civil Code § 3294 precludes an award of punitive damages in actions arising out of a breach contract, here the oral employment agreement; and (2) The “new right-exclusive remedy” doctrine prohibits the award of punitive damages in claims alleging a violation of a Labor Code statute that provides a penalty, including: Labor Code §512 which regulates meal and rest breaks and Labor Code §226.7 which provides the penalty; Labor Code §226(e) that addresses pay stub violations; and Labor Code §1197.1 which prescribes the penalty for minimum wage violations.

Tags: commuter benefits, punitive damages, release, temp workers, temporary employees
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.