State Law Changes

April 20, 2011 Update

No Updates as of April 20, 2011

Health Insurance Benefit Coverage Law

To the extent that the diagnosis and treatment of autism spectrum disorders are not already covered by a health benefit plan, coverage shall be included in a health benefit plan that is delivered, executed, issued, amended, adjusted, or renewed in this state on or after October 1, 2011 (Act 196 (H. 1315), L. 2011, enacted March 4, 2011, at AR ¶4-4000).

School Activities Leave-Public Employees

State employee leave for participation in children's educational activities, was amended to include activities for prekindergarten programs. ‘’Prekindergarten’’ is defined as an educational and child development program that is designed to prepare children who are at least three (3) years of age for an academic kindergarten program. Title 24, Chapter 4, Subchapter 2, Section 24-4-216, as amended by Act 584 (S. 306), L. 2011, effective 91 days of the adjournment of the legislature. Para 4-22,550.01

Minimum Wage Law

The current living wage rates for Sacramento are as follows: if health benefits are provided and the employer’s contribution for the benefits is at least $1.63 per hour, $10.87 per hour; if health benefits are not provided or if health benefits are provided but the employer’s contribution is less than $1.63 per hour, $12.50 per hour (CA ¶5-1000).

Minimum Wage Law

The current living wage for Hartford is as follows: $12.72 per hour if health benefits are provided, and $19.85 per hour if health benefits are not provided (CT ¶7-1000).

Recordkeeping/Posters Law

The Broward County living wage poster has been updated (FL ¶10-9900).

Workers’ Compensation Law

The state’s workers’ comp law has been amended with respect to coverage of public employees; a reference to the state insurance fund has been removed (H. 76, L. 2011, at ID ¶13-4300).

Disability Discrimination Guidelines

The Maryland Commission on Human Relations amended and recodified regulations under COMAR 14.03.02 Anti-Discrimination Relating to Persons with Disabilities. The revisions corrected internal citations resulting from the code revision of Article 49B to Title 20 of the State Government Article, Annotated Code of Maryland, the state’s fair employment practices act. Title 14, Subtitle 03, Chapter 02, Sections .01, .02, .07, .09, .14, as amended effective April 18, 2011. Paras 21-20,800.01, 21-20,800.02, 21-20,800.07, 21-20,800.09 and 21-20,800.11..

Minimum Wage Law

Effective April 1, 2011, the living wage rates for St. Louis are as follows: $11.58 per hour where health benefits are provided, and $15.08 per hour where no health benefits are provided (MO ¶26-1000).

Breastfeeding Rights in Employment Law—Topic added

Notwithstanding any other provision of law, a mother may breast-feed her child in any public or private location where the mother is otherwise authorized to be. Although the statute doesn’t specifically mention employment, it can be construed to include places of employment. L. 197, L. 2011, Sec. 1, effective 3 months after the adjournment of the legislature. Para 28-22,650.01.

Meal and Rest Period Law

Notwithstanding any other provision of law, a mother may breastfeed her child in any public or private location where the mother is otherwise authorized to be (L.B. 197, L. 2011, enacted March 10, 2011, at NE ¶28-1400).

Preemployment Inquiries Law

On a designated implementation date on or before January 1, 2014, all persons and agents of the Nebraska Department of Motor Vehicles involved in the recording of verified application information or verified operator's license and state identification card information, involved in the manufacture or production of licenses or cards, or who have the ability to affect information on such licenses or cards shall be subject to a criminal history record information check, including a check of prior employment references, and a lawful status check. The cost of any background check shall be borne by the employer of the person or agent. Any person convicted of any disqualifying offense shall not be involved in the recording of verified application information or verified operator's license and state identification card information, involved in the manufacture or production of licenses or cards, or involved in any capacity in which such person would have the ability to affect information on such licenses or cards (L.B. 215, L. 2011, at NE ¶28-9000).

Unemployment Insurance Law

The current maximum weekly benefit amount is $348 (NE ¶28-1700).

Discrimination Against the Unemployed—Topic added

On March 29, 2011, Governor Chris Christie signed Ch. 40 (A. 3359), L. 2010, prohibiting private and public employers from either stating, or suggesting in print and internet job advertisements that unemployed individuals will not be considered for employment. However, employers may publish an advertisement for any job vacancy that contains any provision stating that only applicants who are currently employed by the employer will be considered. Any employer who violates this act shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation and $10,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development. Title 34, Chapter 8B, Sections 34:8B-1 and 34:8B-2, as enacted by Ch. 40 (A. 3359), L. 2010, effective June 1, 2011. Paras 31-20,029.01 and 31-20,029.02.

Criminal Background Checks Law

Any person applying for employment as a substitute teacher shall only be required to have one such national criminal history record check for the school year. Upon request of the substitute teacher, that record check may be sent to any other school district in which the substitute teacher is applying to teach. Any person employed as a full-time teacher by a school district in this state in the 5 years immediately preceding an application for employment as a substitute teacher may not be required to have a national criminal history record check, if the teacher produces a copy of a national criminal history record check completed within the preceding 5 years and a letter from the school district in which the teacher was last employed stating the teacher left in good standing. Title 70, Division 1, Chapter 1, Article 5, Section 5-142, as amended by S. 59, L. 2011, effective April 7, 2011. Para 37-23,600.01.

Unemployment Insurance Law

Rate Schedule G is currently in effect in Puerto Rico (PR ¶40-1700).

Violence in the Workplace Law

South Dakota allows legal residents of the United States who meet specified criteria to obtain a concealed pistol permit. New law provides that if a background investigation requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets specified requirements (H. 1149, L. 2011, at SD ¶43-3300).

Fair Employment Practices Law

The City of Nashville’s Metro Council has approved an ordinance limiting discrimination in employment against gay, lesbian and transgendered people. Under the ordinance, firms that do business with the city must promise not to discriminate on the basis of sexual orientation or gender identity; companies will have to sign affidavits supporting their promise. In addition, the ordinance declares that any entity that enters into an agreement for the use of any metropolitan government property or facility, with a lease longer than six months, must establish equal employment opportunities for all individuals in their employ or seeking to join their employ. The 21-15 vote passed a measure extending a local ordinance protecting workers from discrimination. However, the state’s fair employment practices law does not include gay, lesbian and transgendered people as a protected class. Para 44-20,025.

Health Insurance Benefits Coverage Law

The Tennessee Health Care Freedom Act became law on March 18, 2011 (Ch. 9 (S. 79), L. 2011, at TN ¶44-4000).

Disability Discrimination in Employment

A section was added to the Utah’s Employment Support Act to give priority to providing services that assist an eligible person with a disability in obtaining and retaining meaningful and gainful employment. The Department of Workforce Services will develop a written plan to implement the policy that includes, developing partnerships with potential employers and maximizing appropriate employment training opportunities for persons with disabilities. Title 35A, Chapter 3, Part 1, Section 35A-3-103.5, as enacted by H. 240, L. 2011, effective May 10, 2011. Para 46-20,750.01.

Preemployment Inquiries Law

Utah Governor Gary R. Herbert on March 15, 2011, signed four immigration reform bills, which combined constitute what he calls “the Utah solution” in handling immigration issues in the state. According to Governor Herbert, “Utah has taken a thoughtful, rational approach and found common ground” (Utah Governor Gary R.. Herbert Press Release, March 15, 2011, http://www.utah.gov/governor/news_media/article.html?article=4435).

Noting that immigration is primarily a federal issue, Governor Herbert said these bills provide him some leverage at the federal level to engage the federal government in addressing Utah's challenges. The Governor signed the following bills on March 15: H.B. 116, the Utah Immigration Accountability and Enforcement Amendments; H.B. 466, Migrant Workers and Related Commission Amendments; H.B. 469, Immigration Related Amendments; and H.B. 497, the Utah Illegal Immigration Enforcement Act. These bills are scheduled to become effective on May 10, 2011.

The Governor referred to the summit he convened last summer to lay the groundwork for finding legislative solutions to the challenges of illegal immigration. “Stakeholders from all sides of this complex issue came together to discuss options,” he said, citing the process as one which has been “open, transparent, and civil.”

Some of the issues covered in the bills include: Records sharing and coordination and implementation of programs with other existing federal and state laws that cover immigration and labor; establishing a guestworker program; integration of immigrants in the state; creating a Migrant Worker Visa Pilot Program under which Utah businesses may obtain legal foreign migrant workers through use of U.S. nonimmigrant visas; creating a Utah Pilot Sponsored Resident Immigrant Program Act that allows for a resident immigrant to reside, work and study in Utah; and enacting the Illegal Immigration Enforcement Act to require an officer to verify the immigrant status of a person arrested for certain crimes (UT ¶46-9000).

Employment of Aliens Law

Virginia Governor Bob McDonnell has officially ordered all executive branch state agencies to implement the E-Verify system to verify employment eligibility based upon immigration status for all new hires by June 1, 2011, a full 18 months ahead of the state's legislated deadline of December 1, 2012 Commonwealth of Virginia, Office of Governor Bob McDonnell, March 21, 2011 http://www.governor.virginia.gov/News/viewRelease.cfm?id=649. The 2010 General Assembly passed legislation (H.B. 737) requiring all state agencies to use E-Verify, an Internet-based system that allows an employer to determine the eligibility of an employee to work in the United States. The E-Verify system is operated by the Department of Homeland Security in partnership with the Social Security Administration. H.B. 737 requires that all agencies in the Commonwealth be enrolled in the E-Verify program by December 1, 2012, and use the E-Verify program for each new hire on and after December 1, 2012 (Code of Virginia Section 40.1-11.2). Paras 49-24,050 and 49-24,050.22.

Law Against Discrimination

Under Ch. 9 (H. 1649), L. 2011, enacted April 5, 2011, any legislation hereafter enacted by the legislature or by the people, with the exception of chapter 26.04 RCW, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, unless the legislation expressly states otherwise and to the extent that such interpretation does not conflict with federal law. Gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. Ch. 9 (H. 1649), L. 2011, enacted April 5, 2011, effective 90 days after the adjournment of the legislature. Para 50-20,025.

Workers’ Compensation Law

The state has enacted a law providing for the establishment of medical provider networks for workers’ compensation purposes (Ch. 6 (S. 5801), L. 2011, effective July 1, 2011, at WA ¶49-4300).

Military and Emergency Services Leave Law

The state has amended its military leave law with respect to National Guard/armed forces reserve members and the maximum number of hours they are eligible for leave from public employment in a calendar year (S. 382, L. 2011, passed February 24, 2011; in effect 90 days from passage, at WV ¶50-7200).

Family, Medical and Parental Leaves Law

The Wisconsin Court of Appeals has upheld an ordinance passed by the City of Milwaukee requiring employers to provide paid sick leave to their workers, reversing a state circuit court ruling declaring the measure unconstitutional and lifting a two-year injunction barring the city from enacting its provisions (Metro Milwaukee Assoc of Commerce v City of Milwaukee, March 24, 2011, Vergeront, M, P.J.). The appeals court found that the ballot measure by which the ordinance had been passed was in compliance with statutory requirements. Moreover, the ordinance itself and the specific provisions at issue did not violate due process and were not preempted by various state laws, the NLRA, or the LMRA. Nor does the ordinance violate state and federal constitutional prohibitions against impairment of contracts (a finding the lower court also made), or impermissibly regulate activity outside Milwaukee’s city limits.

The appeals court reversed and remanded the case, instructing the lower court to enter summary judgment to 9to5, National Association of Working Women. (9to5 first led the drive to pass the paid sick leave ballot measure, and challenged the lower court’s ruling against it.) The two-year statutory period for repealing the ordinance will begin once the lower court vacates the permanent injunction on remand, the appeals court also ruled—rejecting 9to5’s claim that the two-year period should have begun on February 6, 2009, before the temporary injunction was issued.

Criminal Background Checks Law

Persons applying for an initial license at an insurance company or as an insurance adjuster shall be required to submit to fingerprinting in order to obtain state and national criminal history record information as a condition of licensure. Title 7, Chapter 19, Article 2, Section 17-19-201, as amended by Ch. 12 (H. 4), L. 2011, effective July 1, 2011. Para 53-23,601.21.

Health Insurance Benefit Coverage Law

Effective July 1, 2011, when an employer or trustee of a fund established or adopted by an employer, which employer or trustee is deemed the policyholder of the group disability insurance policy insuring the employer’s employees for the benefit of persons other than the employer and where the employer or trustee routinely pays any part of the premium for the policy, if the employer or trustee fails to pay the routinely paid portion of the premium when required under the policy for any reason, the employer or trustee shall notify the employee or beneficiary, electronically or in writing, within 30 days of the failure to pay (Act 20 (H. 114), L. 2011, at WY ¶52-4000).