New labor laws; What employers and their advisers need to know for 2009.

• Author: Terman, Mark E.
• Position: Employmentlaw

the election of Barack

Obama and a Democratic majority in Congress in many states may mean more regulation and changes for employers in areas such as unionizing workplaces, the Family and Medical Leave Act and anti-discrimination laws. However, California is habitually in the lead when it comes to expanding employee rights and employer regulation, so expanded federal regulation often brings requirements of employers in other states up to or near levels that exist in California.

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In turn, California employers will have less reason to move operations and jobs out of state, which may help recruit employers here.

For example, Congress recently amended the federal Americans with Disabilities Act to make more people eligible for its protections. While this new law made headlines in the California press, the reality is that starting Jan. 1, the ADA will be closer to employee rights that already exist under the California Fair Employment and Housing Act.

Employers continue to draw scrutiny from the California Legislature, however. Of the bills introduced during the 2007-08 California legislative session, 626 mention "employer" Even though this is about twice as many bills as last year, few made it past the governor's desk.

Here's a sample of what's in store for 2009.

No Text or E-mail While Driving

Effective Jan. 1, SB 28 makes it illegal to drive a motor vehicle while using an electronic wireless communications device to write, send or read a text-based communication. The statute defines "write, send or read a text-based communication" as using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message or electronic mail.

This plugged the gap left by SB 1613 which, effective .July 1 2008, required people to use hands-free listening and speaking devices while driving. Employers should update employee handbooks.

Employer Compelled False Statements Are Illegal

Effective Jan 1, AB 2075 makes it illegal to require an employee, as a condition of being paid, to sign a statement of the hours worked during the pay period if the employer knows the statement to be false. Any such "release" would be void and subject the employer to misdemeanor enforcement.

This adds to existing law that prohibits an employer from requiring the execution of a release of a claim or right on account of...