WORKPLACE LAW - New Laws 2007 Part 2
Question:
I am always reading about how employment law changes, and it is hard to keep up with all the requirements. What new laws should I know about for 2007?
Answer:
Last week, we summarized some of the new legislative and statutory developments that affect employment law. We continue with a description of some additional new laws that will affect the workplace in 2007.
Obscene Matter on State Computers is Prohibited -
AB 546 provides that it is unlawful for an elected state or local officer, including a state or local appointee, employee, or consultant, to knowingly use a state-owned or state-leased computer to access, view, download, or otherwise obtain obscene matter. Exceptions apply to pursue legitimate law enforcement purposes, to permit a state agency to conduct an administrative disciplinary investigation, or for legitimate medical, scientific, academic, or legislative purposes, or other legitimate state purposes.
Cell Phone Restrictions -
Although this law does not go into effect until 2008, employers should be aware that beginning July 1, 2008, individuals will no longer be able to drive motor vehicles while using a wireless telephone unless the phone is specifically designed and configured to allow hands-free listening and talking. The law does not apply to individuals using a cell phone in an emergency, or to those using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature if the individual is driving one of several vehicles including a motor truck, a farm vehicle, a commercial vehicle, or a tow truck.
Retail Food Handlers -
Effective July 1, 2007, retail food establishment employees who are suffering from symptoms associated with an acute gastrointestinal illness, or known to be infected with a communicable disease that is transmissible through food (such as Hepatitis A or salmonella), are prohibited from engaging in the handling of food.
2007 IRS Mileage Rate -
The Internal Revenue Service (“IRS”) has raised the standard mileage deduction for business use of a motor vehicle to 48.5 cents per mile. If employers reimburse employees at a higher rate than the IRS designated rate, employees may have to pay taxes on the difference because the IRS considers that amount to be wages.
New Requirements for International Travelers -
Beginning January 23, 2007, all persons, U.S. citizens included, traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda will be required to present a valid passport or alternative travel card such as an Alien Registration Card. And as early as January 1, 2008, all persons, including U.S. citizens, traveling between those same destinations by land or sea may be required to present a valid passport or other documents that are still to be determined.
Workplace Violence Restraining Orders -
This new law expands the employer’s ability to protect employees from workplace violence. Any employer whose employee has suffered unlawful violence or a credible threat of violence, that can reasonably be expected to be carried out or that has been carried out at the workplace, may seek a temporary restraining order and an injunction on behalf of any or all of its employees. The restraining order or injunction may include persons employed at any of the employer’s workplaces.
Promises Not To Compete -
Under current case law, non-compete agreements are invalid except when a person sells the goodwill of a business, and when a partner agrees not to compete in anticipation of the dissolution of a partnership. Employers may still enter into confidentiality agreements and take steps to prohibit unfair competition and protect trade secrets.
New Forms/Postings -
- EEO-1 Report
EEO-1 Reports must be filed annually by employers with 100 or more employees, and by employers with federal government contracts of $50,000 or more and 50 or more employees. For the first time in decades, the U.S. Equal Employment Opportunity Commission (“EEOC”) has implemented changes to the EEO-1 Report concerning the race and ethnic categories, and how jobs are categorized. Employers must use the new form for the 2007 survey, which is due by September 30, 2007.
Employers can access the new form and information about it at http://www.eeoc.gov/eeo1/index.html. - New USERRA Poster
In 2006, the U.S. Department of Labor revised the poster that employers must post to inform employees of their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). All employers must ensure that they have the version dated January 2006, which can be found at http://www.dol.gov/vets/programs/userra/poster.htm. - New DFEH Poster
The Department of Fair Employment and Housing (“DFEH”) has revised its English and Spanish language discrimination and harassment poster. These must be posted beginning January 1, 2007. The new posters can be obtained at the following websites: www.dfeh.ca.gov/publications/dfeh20162.pdf (English version) and www.dfeh.ca.gov/publications/dfeh20162S.pdf (Spanish version). - New EDD Poster
The Employment Development Department (“EDD”) has revised its “Notice to Employees” poster, which notifies employees of their rights regarding unemployment insurance, state disability insurance, and Paid Family Leave. The new poster is dated 12/05.
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