State Law Changes

February 17, 2010 Update

No Updates as of February 17, 2010

Second Amendment Rights in Employment Law—Topic added

The state has enacted a law providing that a property owner, tenant, public or private employer or a business entity shall not prohibit a person from lawfully transporting or storing a firearm that is in the person's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle and not visible from the outside of the motor vehicle or motorcycle. Title 12, Chapter 6, Article 18, Section 12-781, as enacted by Ch. 177 (S.B 1168), L. 2009, effective Sept. 30, 2009. Para 3-20,026.01.

Unemployment Insurance Law

For 2010, all positive-balance employers, except those earning the minimum 0.02% rate and new employers, will receive increases in the basic rates. Rates for positive-balance employers will range from 0.02% to 2.84%. Negative-balance employers also will receive increases in the basic rates assigned to them. Their rates for 2010 will range from 3.12% to 5.90%. An employer whose reserve ratio is zero will pay 2.95%, and new employers will pay 2.0% in 2010. Note that the 0.1% Job Training Assessment tax remains in effect next year for eligible employers (AZ ¶3-1700).

Fair Employment Practices Law

Two city fire inspectors who were disciplined for improper job performance, which was detected through the use of global positioning system devices, had no private right of action against the city’s violation of a state electronic monitoring statute, ruled the Connecticut Supreme Court. As city fire inspectors, the employees were provided with city-owned vehicles. When the city acquired new vehicles it installed GPS devices, without advising the employees, in order to electronically monitor the fire inspectors’ movement and location while the vehicles were in use. After monitoring the employees’ activities, the city brought disciplinary actions against the fire inspectors. The inspectors thereafter brought actions against the city for violating a state law which prohibits an employer from electronically monitoring an employee’s activities without prior notice to the employee. However, the city raised the issue that the electronic monitoring provision did not create a private right of action for a violation of the statute and implicated a trial court’s subject matter jurisdiction. The language of the statute requires each employer who engages in any type of electronic monitoring to give prior notice to all employees who may be affected. As city fire inspectors, the employees were clearly within the class of persons intended to be protected by the statute. However, the enforcement provisions of the statute authorize the state labor commissioner to levy civil penalties for violations, and nothing in the law entitled employees who have been subjected to electronic monitoring without notice to any specific relief or remedy, determined the supreme court. Thus, it was clear that the legislature intended the enforcement mechanism of the statute to be limited to proceedings before the labor commissioner (Gerardi v City of Bridgeport, officially released January 5, 2010, at CT ¶7-2500).

Office of Human Rights: Procedural Rules for Private Sector Complaints

The rules were repealed and readopted to clarify the time for filing complaints with the Office of Human Rights, add new protected categories, and clarify the roles of participants in the complaint process. Title 4, Chapter 7, Sections 700 through 799, as repealed and readopted effective Sept. 4, 2009. Paras 9-20,125.01 through 9-20,125.99.

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Read IRN                Read IntelliConnect

Minimum Wage Law

Effective through September 30, 2010, the living wage for Miami-Dade County is $11.36 per hour with health benefits, or $13.01 per hour if health benefits are not provided. Also, the current living wage rate for Broward County is $11.13 per hour with qualifying health benefits amounting to at least $1.44 per hour, or $12.57 per hour without health benefits (FL ¶10-1000).

Recordkeeping/Posters Law

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

Second Amendment Rights in Employment Law—Topic added

No public or private employer may terminate the employment of or otherwise discriminate against an employee for exercising his or her constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes. This law is contained in the Florida Statutes at Title 46, Chapter 790, Section 790.251. Para 10-20,027.01.

Unemployment Insurance Law

For 2010, the maximum weekly benefit amount decreases to $334, and the minimum weekly benefit amount increases to $72 (ID ¶13-1700).

Recordkeeping/Posters Law

The Identity Protection Act will take effect July 1, 2010. The law provides that a person, state or local government agency must redact social security numbers from information or documents containing all or any portion of an individual's social security number (P.A. 96-874 (H. 547), L. 2009, enacted January 22, 2010, at IL ¶14-9900).

Unemployment Insurance Law

The taxable wage base in Illinois for 2010 is $12,520. This is an increase of $220 from the taxable wage base for 2009, which was $12,300 (IL ¶14-1700).

Department of Human Rights Rules of Practice Procedure

An employer will not be eligible to be awarded a contract by a State agency, unless the employer has filed with the Department a properly completed DHR Employer Report Form (Form PC-1) or holds a valid number. After January 1, 2010, an DHR Employer Report Form, whether it is a renewal or an initial filing, will not be deemed complete unless it is accompanied by a filing fee of $75 in the form of a certified check, money order or cashier's check payable to Department of Human Rights. Each DHR Employer Report Form containing a separate Federal Employer Identification Number (FEIN) shall be accompanied by a separate $75 fee. Title 44, Chapter X, Part 750, Subpart D, Section 750.210, as amended effective Dec. 29, 2009. Para 14-20,126.210.

Second Amendment Rights in Employment Law—Topic added

No public or private employer entity shall prohibit any person from lawfully transporting or storing a firearm in a locked, privately-owned motor vehicle in any parking lot, parking garage, or other designated parking area controlled by the employer. However, employers may adopt policies specifying that firearms be stored in locked, privately-owned motor vehicles and be hidden from plain view or within a locked case or container within the vehicle. Title 32, Chapter 1, Part 4, Section 32:292.1. Para 19-20,028.01.

Minimum Wage Law

Any for-profit or not-for-profit employer who employs at least 25 full-time equivalents and who has been awarded a service contract of $25,000 or more from the City of Boston must pay employees a “living wage,” which is currently $12.79 per hour (MA ¶22-1000).

Child Support Enforcement Law

The Child Support and Parenting Time Enforcement Act has been revised with respect to required health care support and wage garnishment for support collection (Act 193 (S. 100), L. 2009, at MI ¶23-5500).

Fair Employment Practices Law

Employers may not to treat an individual affected by pregnancy, childbirth, or a related medical condition differently for any employment-related purpose from another individual who is not so affected but similar in ability or inability to work, without regard to the source of any condition affecting the other individual's ability or inability to work (Ch. 37, Art. 2, Sec. 37.2202, as amended by P.A. 190 (H. 4327), L. 2009, at MI ¶23-2500).

Minimum Wage Law

Effective until April 30, 2010, the living wage for Washtenaw County is $10.88 per hour if the employer provides health care benefits, and $12.75 per hour if the employer does not provide health care benefits (MI ¶23-1000).

Recordkeeping/Posters Law

The state's minimum wage law poster has been updated (MI ¶23-9900).

Disability Law/Health Insurance Benefit Coverage Law

New Jersey has enacted the Compassionate Use Medical Marijuana Act, becoming the 14th state in the nation to legalize medical marijuana. The law removes statewide penalties for the possession and use of up to two ounces of marijuana when a New Jersey licensed physician recommends it for a qualifying medical condition. Patients will be issued ID cards in a program run by the state department of health and senior services. The marijuana will be obtained from tightly regulated alternative treatment centers set up across the state. The statute takes effect six months from January 18, the date it was signed into law. Importantly, the statute provides: “Nothing in this act shall be construed to require a … private health insurer to reimburse a person for costs associated with the medical use of marijuana, or an employer to accommodate the medical use of marijuana in any workplace” (Ch. 307 (S. 119), L. 2009, at NJ ¶31-2600 and at NJ ¶31-4000).

and

Drug Testing Law

The state has enacted a law that will require applicants and employees of state psychiatric hospitals, developmental centers, and veterans homes to undergo drug testing (Ch. 220 (S. 2493), L. 2009, effective 90 days after enactment, at NJ ¶31-8600).

Fair Employment Practices Law/Disability Law

New Jersey has enacted a law clarifying the definition of “disability” under the Law Against Discrimination. Effective immediately, the law specifies that a developmental disability includes autism spectrum disorders. The state's Law Against Discrimination prohibits discrimination in housing, employment and access to public accommodations generally (Ch. 206 (A. 4226), L. 2009, enacted January 15, 2010, at NJ ¶31-2500 and at NJ ¶31-2600).

and

Military and Emergency Services Leave Law

The Emergency Responders Employment Protection Act affords employment protections to volunteers responding to emergency alarms in certain cases. The law provides that no employer shall terminate, dismiss or suspend an employee who fails to report for work at his or her place of employment because he or she is serving as a volunteer emergency responder during a state of emergency declared by the President of the United States or the Governor of New Jersey, or is actively engaged in responding to an emergency alarm (Ch. 202 (A. 1263), L. 2009, enacted January 14, 2010, effective April 1, 2010, at NJ ¶31-7200).

Preemployment Inquiries Law

The Compassionate Use Medical Marijuana Act requires that persons applying for employment in alternative treatment centers undergo a criminal history record background check (Ch. 307 (S. 119), L. 2009, at NJ ¶31-9000).

Also, the law relating to background checks for certain persons working with children has been amended (Ch. 254 (S. 52), L. 2009, at NJ ¶31-9000), and a new law will require employees of international labor matching or matchmaking organizations to undergo background checks (Ch. 152 (A. 1942), L. 2009, at NJ ¶31-9000).

Recordkeeping/Posters Law

New Jersey has enacted a law providing for the suspension or revocation of business licenses by employers that repeatedly violate the state's laws regarding wages, benefits and taxes.

If an employer has failed, for one or more of its employees, to maintain and report all records regarding wages, benefits and taxes which the employer is required to maintain and report pursuant to specified state wage, benefit and tax laws, and has, in connection with that failure to maintain or report the records, failed to pay wages, benefits, taxes or other contributions or assessments as required by those laws, the employer may, as an alternative to, or in addition to, any other actions taken in the enforcement of those laws, be subject to one or more audits by the Commissioner of Labor and Workforce Development. A first audit may result in suspension of a license, while a second audit that finds continuing violations may cause an employer's business to be revoked.

The law, which was enacted on January 14, 2010, will take effect 180 days after that date (Ch. 194 (S. 2773), L. 2009, at NJ ¶31-9900).

Wage Payment Law

The state has enacted a law allowing an employer to withhold or divert a portion of an employee's wages for payments of the costs and related fees for the replacement of employee identification which is used to allow employees access to sterile or secured areas of airports, in accordance with a fee schedule described in any airline media plan approved by the federal Transportation Security Administration (Ch. 226 (S. 3123), L. 2009, effective January 16, 2010, at NJ ¶31-1200).

Law Against Discrimination

New Jersey has enacted a law clarifying the definition of ``disability’’ under the Law against Discrimination. Effective immediately, the law specifies that a developmental disability includes autism spectrum disorders. The state's Law against Discrimination prohibits discrimination in housing, employment and access to public accommodations generally. Title 10, Chapter 5, Section 10:5-5, as amended by Ch. 206 (A.B. 4226), L. 2009, enacted January 15, 2010. Para 31-20,025.05.

Minimum Wage Law

Through July 31, 2010, the Nassau County living wage is $13.10 per hour, or $11.50 per hour with health benefits (NY ¶33-1000).

The living wage rate for Buffalo for 2010 is $10.70 per hour with health insurance, or $12.01 per hour without health insurance (NY ¶33-1000).

Recordkeeping/Posters Law

The Nassau County living wage posters have been added (NY ¶33-9900).

Unemployment Insurance Law

For 2010, the maximum weekly benefit amount for an individual with no dependents is $375, the maximum weekly benefit amount for an individual with one or two dependents is $456, and the maximum weekly benefit amount for an individual with three or more dependents is $508 (OH ¶36-1700).

Tenth Circuit strikes down portions of Oklahoma immigration law's employment provisions—

While the courts continue to struggle with the interplay between federal and state immigration laws, the Tenth Circuit Court of Appeals affirmed a trial court’s preliminary injunction grant barring enforcement of certain employment verification provisions in Oklahoma’s comprehensive Taxpayer and Citizen Protection Act of 2007 (H.B. 1804).

The circuit court held the invalidated provisions, which: (1) sought to create a new cause of action against Oklahoma employers that discharge a US citizens or legal permanent resident employees while retaining undocumented workers; and (2) required all Oklahoma businesses to obtain documents to verify the work eligibility of their independent contractors or withhold certain taxes from them, were either expressly or impliedly preempted by federal immigration law. However, the Tenth Circuit split on the legality of the Act’s mandate that all public contractors (and subcontractors) enroll in the federal government’s E-Verify program. As a result, the circuit court reversed the district court’s grant of a preliminary injunction against the enforcement of the E-Verify mandate Chamber of Commerce of the USA v Edmondson, 10thCir, Nos 08-6127 & 08-6128. February 2, 2010.

Recordkeeping/Posters Law

The state's minimum wage and child labor posters have been updated. Family leave and job safety posters have also been updated (OR ¶38-9900).

Unemployment Insurance Law

The maximum weekly benefit amount in Pennsylvania increased to $564 on January 3, 2010. Note, also, that there will be a 2.3% reduction in regular benefits only applied to all benefit weeks in 2010. The minimum weekly benefit amount remains $35 (PA ¶39-1700).

Fair Employment Practices Law

The Rhode Island governor's veto on amendments to ”The Temporary Employee Protection Act” was overridden by the legislature on January 5, 2010. Chapter 377 (S. 1054), L. 2009, requires employment agencies to provide temporary employees with a copy of a written notice that includes job descriptions, potential job hazards, anticipated pay rates, benefits and work schedules. The law also provides for penalties for employment agencies that violate the law (Ch. 377 (S. 1054), L. 2009, effective January 5, 2010, at RI ¶41-2500).

Unemployment Insurance Law

The employee contribution rate under the Temporary Disability Insurance Act is 1.2% for 2010 (RI ¶41-1700).

Workers' Compensation Law

The construction industry provisions in the state's workers' comp law have been amended with respect to coverage (S. 7001, L. 2009, enacted January 22, 2010, at TN ¶44-4300).

Drug Testing Law

The state has amended its law relating to alcohol and drug testing policies of towing operators (Ch. 757 (S. 702), L. 2009, effective January 1, 2010, at ¶45-8600).

Unemployment Insurance Law

Contribution rates in Texas will range from 0.72% to 8.60% for 2010. The replenishment ratio is 1.23%. The replenishment tax rate is 0.50%, the deficit tax is 0.78%, and the employment training assessment ratio is 0.10% (TX ¶45-1700).

Second Amendment Rights in Employment Law—Topic added

Employers may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm and it is locked securely in the motor vehicle or in a locked container attached to the motor vehicle. Title 34, Chapter 45, Sections 34-45-102 through 34-45-107, as enacted by Ch. 379 (S.B. 78), L. 2009, effective May 12, 2009. Paras 46-20,027.01 through 46-20,027.06.

Unemployment Insurance Law

The maximum weekly benefit amount in Utah for 2010 continues to be $444 (UT ¶46-1700).

Criminal Background Checks Rules

Utah amended the rule regarding eligibility for child care personnel by clarifying that not all DUI convictions result in a person being ineligible to provide licensed child care. Only a Misdemeanor A conviction, which means a conviction which involved transporting a minor while driving under the influence, or inflicting bodily injury to another while driving under the influence, would make a person ineligible to provide licensed child care. Rule 430-6, Section 430-6-4, as amended effective Jan. 1, 2010. Para 46-23,651.04.

EEO in State Employment (E.O. No. 6-10)—

Gov. Robert F. McDonnell signed an executive order on Feb. 5, 2010, prohibiting discrimination in the state workforce on the basis of race, sex, color, national origin, religion, age, political affiliation, or against otherwise qualified persons with disabilities. The order also permits appropriate employment preferences for veterans and specifically prohibits discrimination against veterans; however, sexual orientation was removed as a protected class as included in previous executive orders. Executive Order No. 06-2010, signed Feb. 5, 2010, effective immediately. Para 49-23,302.

Recordkeeping/Posters Law

The state's minimum wage, wage payment, and unemployment posters have been updated (WV ¶50-9900).

Minimum Wage Law

Until December 31, 2010, the living wage for Dane County is $10.61 per hour (WI ¶51-1000).

Recordkeeping/Posters Law

The Spanish version of the state's plant closing law poster has been added, and the minimum wage posters have been updated. Also, the Dane County living wage poster has been added (WI ¶51-9900).

Access to Personnel Files Rules-Public Employees—Topic added

The Department of Workforce Services adopted rules governing provisions for adequate and reasonable access to personnel records maintained by the Department. Chapter 1, Sections 1 through 11, as adopted effective Nov. 16, 2009. Paras 53-23,750.01 through 53-23,750.11.