State Law Changes

December 16, 2009 Update

No Updates as of December 16, 2009

Minimum Wage Law

As previously reported, the minimum wage in Alaska will increase to $7.75 per hour effective January 1, 2010. Section 23.10.065 of the Alaska Statutes provides for a minimum wage rate of $7.25 an hour until December 31, 2009, after which the minimum wage is to be not less than 50 cents an hour more than the federal minimum wage. Alaska law also provides that an employer cannot apply tips or gratuities as a credit toward payment of the required minimum hourly wage. Public school bus drivers must be paid wages at a rate of not less than two times the established state minimum wage rate for hours worked. An employer may not apply fringe benefits as a credit toward payment of the minimum wage (AK ¶2-1000).

Fair Employment Practices Law

Governor Janice K. Brewer has signed an Executive Order prohibiting discrimination in state contracts (Executive Order 2009-09, at AZ ¶3-2500).

Drug Testing Law

The state has amended its Commercial Driver Alcohol and Drug Testing Act with respect to reporting test results, the use of the Commercial Driver Alcohol and Drug Testing Database, and penalties (Act 456 (H. 1612), L. 2009, at AR ¶4-8600).

Pregnancy/Maternity Discrimination Law

An employee who had been on the job less than six months, and who had already been given 30 days of intermittent leave to deal with her pregnancy complications when she was put on two months of bed rest, did not produce any evidence that the reason for her discharge was a pretext for sex discrimination, the Arkansas Supreme Court of Arkansas ruled, upholding summary judgment for the employer. The employee had repeated attendance problems unrelated to her pregnancy – she had 15 instances of clocking in late during her first six weeks of employment - and was not qualified for additional leave under her employer's pre-FMLA policy. In only the second case in which the state's high court addressed a pregnancy-sex discrimination case, the court applied the McDonnell Douglas shifting-burdens test. Assuming that the employee established a prima facie case of sex discrimination, which the court said was questionable because she may not have met the applicable job qualifications due to her inability to work, the court held that the employee failed to proffer evidence to prove that her employer's explanation was pretextual. The only showing that pregnancy was a factor in the employee's termination was her own testimony that she was treated differently after she became pregnant. The court also rejected the employee's argument that the employer's sick-leave policy was discriminatory because it did not provide coverage for pregnancy-related absences. The employer's policy did not exclude pregnancy-related conditions and its pre-FMLA policy included pregnancy as a qualifying condition. It is clear, the court said, that pregnant women need not be given preferential treatment, but need only be treated the same as similarly situated employees (Greenlee v J.B. Hunt Transport Services, Inc, October 22, 2009, at AR ¶4-3000).

Unemployment Insurance Law

Basic contribution rates in Arkansas will be increased in 2010 to add both a 0.8% stabilization tax and a 0.1% extended benefits tax. Total rates for the year will range from 1.0% to 6.9% as a result. The rate for new employers will be 3.8% in 2010, and also includes both the stabilization tax and the extended benefits tax (AR ¶4-1700).

Overtime Pay Law

The overtime exemption rate for computer software employees in California will remain unchanged for the period beginning January 1, 2010, the California Department of Industrial Relations has announced. In accordance with Labor Code Section 515.5 (a)(4), the Division of Labor Statistics and Research has maintained the same computer software employee's minimum hourly rate of pay exemption of $37.94, the monthly salary exemption of $6587.50, and the minimum annual salary exemption of $79,050.00, effective January 1, 2010, reflecting the absence of an increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers (Source: State of California, Department of Industrial Relations, Division of Labor Statistics and Research, Memorandum dated November 3, 2009, from Gregory Govan, DLSR Chief, to John C. Duncan, DIR Director, at CA ¶5-1100).

Likewise, the overtime exemption rate for licensed physicians and surgeons in California will remain unchanged for the period beginning January 1, 2010. In accordance with Labor Code Section 515.6(a), the Division of Labor Statistics and Research has maintained the same licensed physicians and surgeons employee's minimum hourly rate of pay exemption of $69.13, effective January 1, 2010, reflecting the absence of an increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers (Source: State of California, Department of Industrial Relations, Division of Labor Statistics and Research, Memorandum dated November 3, 2009, from Gregory Govan, DLSR Chief, to John C. Duncan, DIR Director, at CA ¶5-1100).

Workers' Compensation Law

The state has amended its workers' compensation law with respect to employer penalties for failure to secure the payment of workers' comp (Ch. 640 (S. 313), L. 2009, at CA ¶5-4300).

Fair Employment Practices Law

Rules have been adopted to contribute to the elimination of discrimination on the basis of sexual orientation, inclusive of transgender status, in private and public employment, housing, public accommodations, and advertising. Also, employers may prescribe standards of dress or grooming that serve a reasonable business or institutional purpose, provided that they shall not require an individual to dress or groom in a manner inconsistent with the individual’s gender identity (3 CCR 708-1, as amended effective November 30, 2009, at CO ¶6-2500).

Minimum Wage Law

As previously reported, the minimum wage in Connecticut will increase to $8.25 per hour January 1, 2010, as part of a scheduled increase (CT ¶7-1000).

Criminal Background Checks

Effective January 1, 2011, any candidate for a Student Teaching Position in a public school district or charter school shall be required to have a criminal background check as a condition of employment. The candidate will cooperate in all respects with this criminal background check process, or his/her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by the State Bureau of Identification, which may be shown to the candidate’s placing higher education institution as proof that the candidate has completed the procedure. It is recommended that the applicant should retain the Verification Form of Processing for his/her records. Title 14, Section 14-700-746, as amended effective Dec. 11, 2009. Para 8-23,650.02.

Smoking in the Workplace Law

The Smoke Free Illinois Act has been amended to provide that smoke or smoking does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act (S. 1685, L. 2009, at IL ¶14-2700).

Disability Law

On November 3, 2009, Maine voters approved Ballot Question 5, thereby establishing the Medical Marijuana Act. While Maine already had a law in place allowing the use of medical marijuana, the new provisions are much more expansive and detailed. Employers should note that the new law clarifies that private health insurers need not reimburse a person for costs associated with the medical use of marijuana. Also, the new law specifies that an employer is not required to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana (ME ¶20-2600).

Fair Employment Practices Law

On November 3, 2009, Maine voters approved Ballot Question 5, thereby establishing the Medical Marijuana Act. While Maine already had a law in place allowing the use of medical marijuana, the new provisions are much more expansive and detailed. The new law provides that an employer may not refuse to employ a person solely for that person's status as a registered qualifying patient or a registered primary caregiver unless failing to do so would put the employer in violation of federal law or cause it to lose a federal contract or funding (ME ¶20-2500).

Marital Status Discrimination Law/Sexual Orientation Discrimination Law

On November 3, 2009, Maine voters approved the veto of the state's same-sex marriage law (S. 384, L. 2009) (ME ¶20-3200 and ME ¶20-3100).

Unemployment Insurance Law

Effective until October 1, 2010, the maximum weekly benefit amount in Maryland will be $410, with high quarter wages of $9,816.01 and minimum qualifying wages of $14,760. Effective beginning October 1, 2010, the maximum weekly benefit amount in Maryland will be $430 with high quarter wages of $10,296.01 and minimum qualifying wages of $15,480 (MD ¶21-1700).

Unemployment Insurance Law

The maximum weekly benefit amount in Minnesota, effective October 24, 2009, is the higher of the claimant's highest quarter of wages in the base period divided by 26, up to a maximum of $377; or his or her total base period wages divided by 104, up to a maximum of $585 (MN ¶24-1700).

Family Leave–State Employees Rule

State employees who are entitled to take leave pursuant to the Family and Medical Leave Act to care for a covered servicemember are limited to a total of 26 weeks of such leave during a single 12-month period. An appointing authority may require an employee to provide medical or other appropriate documentation to support his or her need for leave to care for a covered servicemember. Chapter 284, Section 284.5811, as amended effective Nov. 25, 2009. Para 29-22,500.011.

Criminal Background Checks Rules

Prospective unlicensed employees of nursing homes, certified home health agencies, licensed home care services agencies and long term home health care programs who will provide direct care or supervision to patients, residents or clients of such providers are required to undergo a criminal background check as a condition of employment. The adopted regulation establishes standards and procedures for criminal history record checks and govern the procedures by which fingerprints will be obtained and describe the requirements and responsibilities of the Department and the affected providers with regard to this process. Title 10, Chapter V, Subchapter A, Article 1, Part 402, Sections 401.1 through 401.10, as adopted as permanent Nov. 11, 2009. Paras 33-23,651.01 through 33-23,651.10.

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Unemployment Insurance Law

The taxable wage base in North Dakota for 2010 will be $24,700. This is an increase of $1,000 from the 2009 taxable wage base amount of $23,700 (ND ¶35-1700).

Unemployment Insurance Law

For 2010, the taxable wage base for Oklahoma will be $14,900. This is an increase of $700 from the 2009 taxable wage base amount of $14,200 (OK ¶37-1700).

Holiday and Vacation Law

Effective November 16, 2009, commercial establishments with more than 25 employees will be required to compensate employees who work on Sunday at the minimum rate of $11.50 per hour. Businesses with not more than 25 employees and establishments operated by their owners are exempt from the minimum wage requirement. Certain smaller commercial establishments of less than 25 employees (such as bakers, grocers and pharmacies) will also be allowed to be open on Sundays before 11:00 a.m. In addition, commercial establishments would no longer be bound by the 5:00 p.m. closing restriction on Sundays. Previously, this compensation rate was twice the agreed-upon rate and such businesses allowed to operate on Sunday were restricted to the hours of 11:00 a.m. to 5:00 p.m. (Act No. 143, L. 2009, signed by the governor and effective on November 16, 2009 (Official English translation of Act not yet available), at PR ¶40-7400).

Child Labor Law

Effective November 9, 2009, no person under age 18 may work in a commercial adult entertainment establishment (Ch. 219 (H. 6441), L. 2009, at RI ¶41-1500).

Fair Employment Practices Law

The state has added a new chapter on the prevention and supervision of contagious diseases to Title 23 of the General Laws. Prior law on the prohibition of employment discrimination on the basis of a positive HIV test result or the perception of such a result has been moved to this new chapter (Ch. 196 (H. 5415), L. 2009, at RI ¶41-2500).

Health Insurance Benefit Coverage Law

The state's health insurance coverage law has been amended with respect to smoking cessation programs (H. 5823, L. 2009, at RI ¶41-4000).

Amendments have also been made to provisions dealing with nurse specialists (H. 5537, L. 2009, effective January 1, 2010, at RI ¶41-4000).

Family, Medical and Parental Leaves Law

Referendum 71, which asked Washington voters to accept or reject Senate Bill 5688 in the November 3, 2009, general election, resulted in the voters accepting the bill as passed by the legislature. Senate Bill 5688, which was signed by the governor on May 18, 2009, expands the rights and responsibilities of state registered domestic partners, including rights and responsibilities under the state's family medical leave law; declares that for all purposes under state law, state registered domestic partners shall be treated the same as married spouses; grants all privileges, immunities, rights, benefits, or responsibilities granted or imposed by statute, administrative or court rule, policy, common law or any other law to an individual who is or was in a domestic partnership. The results of the election will be certified December 3 (WA ¶49-7000).

Fair Employment Practices Law

Employers may not discriminate against employees because of Civil Air Patrol membership (Act 56 (A. 132), L. 2009, at WI ¶51-2500).

Health Insurance Benefit Coverage Law

The state has enacted a law requiring health insurance policies to cover eligible young adults up to age 27. To be eligible for this coverage, young adults must be over age 17 but less than 27 years of age; not married; and either ineligible for health coverage through the young adult's employer or have premium contribution for employer coverage that exceeds the additional premium amount the parent is required to pay to add the young adult to the parent’s health plan. Additional eligibility rules apply to young adults who are called to federal active duty in the National Guard or reserves while a full-time student. The statute goes into effect for health insurance policies issued or renewed beginning on January 1, 2010.

The law also enacted new coverage requirements for contraceptives and the treatment of autism spectrum disorder (Act 28 (A. 75), L. 2009, at WI ¶51-4000).

Military and Emergency Services Leave Law

Employers are now required to grant an unpaid leave of absence to allow employees to participate in emergency service operations of the Civil Air Patrol (Act 56 (A. 132), L. 2009, at WI ¶51-7200).