State Law Changes

January 31, 2006 Update

Unemployment Insurance Law

The taxable wage base for 2006 increased to $28,700, from $27,900 in 2005 (AK ¶2-1700).

Alaska Discrimination in State Employment Law

Penalty and definitions have been added. Title 39, Chapter 25, Sections 39.25.900 and 39.25.990. ¶2-20,032.02 and ¶2-20,032.03.

Military and Emergency Services Leave Law

The state has added provisions regarding military leave for state officers and employees during emergencies (Ch. 267 (S. 1356), L. 2005, at AZ ¶3-7200).

Health Insurance Benefit Coverage Law

The Equity in Prescription Insurance and Contraceptive Coverage Act requires group insurers that provide prescription drug coverage to cover prescription contraceptives. There are exceptions for religious employers (Act 2217 (H. 2618), L. 2005, at AR ¶4-4000).

Minimum Wage Law

The living wage rates for West Hollywood and Oakland have been adjusted (CA ¶5-1000).

Religious Discrimination Law

The state has added a provision to its Business and Professions Code that addresses the issue of pharmacists who object to dispensing emergency contraception prescription drugs on the basis of their personal religious beliefs. Such individuals must notify their employers of their position in writing, and employers must establish protocols to ensure that patients have timely access to the prescribed drugs (Ch. 417 (S. 644), L. 2005, at CA ¶5-2900).

Whistleblower Protection Law

The California State University Investigation of Reported Improper Governmental Activities Act establishes a procedure for the investigation of written complaints submitted by employees of, or applicants for employment at, the California State University (Ch. 310 (A. 706), L. 2005, at CA ¶5-3600).

Unemployment Insurance Law

For 2006, the "198 to 234 million" rate schedule of the tax table applies, the fund balance having been between those figures as of July 1, 2005. Rates range from 0.3% to 2.4% for positive-balance employers, and from 2.8% to 5.4% for negative-balance employers, with unrated employers paying 1.7%. The surcharge for benefits not effectively charged remains at 0.22%.

The solvency tax surcharge remains in effect for 2006 as well. The tax varies by employer, but is charged against all ratable employer accounts with less than 20 percent of excess, excluding government agencies, political subdivisions and nonprofit organizations that are reimbursable employers. Employers with an increased percent of excess pay at a lower rate while those with a decreased percent of excess pay at a higher one. The tax will increase each year for as long as it is required, but may not go past the limit set by law in 1990. In 2006, however, the solvency tax surcharge yearly increment will be credited back to all employers (except those new employers that are assessed the initial solvency tax surcharge increment of 0.6% in 2006) as an adjustment (CO ¶6-1700).

Unemployment Insurance Law

The Connecticut Unemployment Compensation Law has been amended. No individual who acquires the assets, organization, trade or business of an employer solely or primarily for the purpose of obtaining a lower contribution rate will acquire the unemployment experience of that employer. Such an acquisition will be considered a violation of the law. In determining whether the assets, organization, trade or business of an employer were acquired solely or primarily for the purpose of obtaining a lower contribution rate, the factors for consideration include, but are not limited to, the cost of acquiring the business, whether the person continued the business activity of the acquired business, how long the business was continued and whether a substantial number of new employees were hired for performance of duties unrelated to the business activity conducted by the business prior to its acquisition (CT ¶7-1700).

Recordkeeping/Posters Law

The state's minimum wage poster has been updated (DC ¶9-9900).

Minimum Wage Law

The Florida Minimum Wage Act provides that only those individuals entitled to receive the minimum wage under the federal Fair Labor Standards Act are entitled to receive the state wage rate of $6.40 an hour, effective January 1, 2006. The state minimum wage was established in a 2004 voter-approved constitutional amendment that also provides for annual increases based on inflation (S. 18, L. 2005, at FL ¶10-1000).

Georgia Organ and Blood Donation Leave Rule-Public Employment

Topic added. Public employees who donate a kidney for the purpose of transplantation shall receive a leave of absence with pay of thirty (30) days. Also, employees shall be allowed a leave of absence of not more than eight (8) hours in each calendar year without loss of pay for the purpose of donating blood. Title 478, Chapter 478-1, Sections PAR 18.305 and PAR 18.902.

No Updates as of January 31, 2006

No Updates as of January 31, 2006

Unemployment Insurance Law

The taxable wage base for 2006 is $21,300 (IA ¶16-1700).

Iowa contribution rates will continue to be determined under Rate Table 6 in 2006, and will range from zero to 8.0%. New nonconstruction employers pay 1.0%, and new construction employers pay 8.0%. There is no administrative surcharge in effect for 2006. Employers who receive a zero rate are still required to file timely reports (IA ¶16-1700).

Fair Employment Practices Law

It is unlawful for any public or private employer to discharge an employee solely because the employee or an immediate family member of the employee is under an order of isolation or quarantine (Ch. 122 (H. 2264), L. 2005, at KS ¶17-2500).

Preemployment Inquiries Law

The state has amended its law with respect to background checks for certain school employees (Ch. 177 (H. 88), L. 2005, at KY ¶18-9000).

Family, Medical, and Parental Leaves Law

The state has amended its law dealing with extreme public health emergencies by adding provisions with respect to leaves of absence from public and private employment for caregivers and persons affected by such an emergency (Ch. 383 (S. 494), L. 2005, at ME ¶20-7000).

Unemployment Insurance Law

Effective January 1, 2006, employers will no longer determine their earned contribution rates by referring to the Table of Basic Rates and then calculating the applicable percentage increase or decrease based on the Schedule of Basic Rate Adjustments. The law now provides six separate rate tables, Rate Tables A through F, for easier reference by employers. The term "Basic Rate" is no longer used. Rather, the term "Standard Rate" refers to the maximum rate in the Rate Table applicable to the employer. This method is applicable only for tax contributions due that are based on taxable wages for calendar years beginning with 2006.

Effective January 1, 2006, when an employer transfers its trade or business to another employer, and, at the time of transfer, there is any common ownership, management or control of the trade or business, then the contribution rate of the acquiring employer will be based on a combination of payroll and benefit charge experience of both employers through December 31st of the year of transfer. If the business transfer was partial, and the transferring employer remains in business, then, beginning on the January 1st after the transfer and thereafter, the rate of contribution of the acquiring employer will be based on its payroll and benefit charge experience in combination with the proportionate share of payroll and benefit charges acquired from the transferring employer. If the transferring employer does not remain in business after the transfer, a single acquiring employer's rate for the years beginning on the January 1st after the transfer will be based on the acquiring employer's experience with payroll and benefit charges in combination with the proportionate share of payrolls and benefit charges from the transferring employer. If there is more than one acquiring employer, then, on January 1 after the transfer and thereafter, the rates of each employer will be determined by combining each employer's own experience with payroll and benefit charges and each employer's proportionate share of payroll and benefit charges from the transferring employer.

SUTA dumping provisions have also been added (MD ¶21-1700).

Minimum Wage Law

Until March 1, 2006, the living wage rate for Cambridge is $12.19 per hour (MA ¶22-1000).

Unemployment Insurance Law

The maximum weekly benefit rate for new unemployment claims filed on or after October 2, 2005, is $551 (MA ¶22-1700).

Preemployment Inquiries Law

The state has amended its law relating to criminal history checks of child care center and day care center employees (P.A. 133 (H. 4936), L. 2005, at MI ¶23-9000).

Recordkeeping/Posters Law

Persons who possess methamphetamine precursors for retail sale must post a notice in a place close to the point of sale and conspicuous to both employees and customers which states the restrictions associated with the sale of specified products (P.A. 86 (H. 4322), L. 2005, at MI ¶23-9900).

Fair Employment Practices Law

Employment protections have been added for employees who have been subject to isolation or quarantine for a communicable disease believed to be caused by bioterrorism or new or previously controlled or eradicated agents or toxins (Ch. 149 (H. 1507), L. 2005, at MN ¶24-2500).

Minimum Wage Law

The current living wage rates for Duluth are $7.61 per hour if health benefits are provided, and $8.49 per hour if health benefits are not provided (MN ¶24-1000).

Preemployment Inquiries Law

The state has amended its law with respect to criminal history checks for substitute teachers (Ch. 538 (H. 1377), L. 2005, at MS ¶25-9000).

Mississippi Criminal Background Checks Law 

The state has amended its law with respect to criminal history checks for substitute teachers. Title 37, Chapter 9, Section 37-9-17, as amended by Ch. 538 (H.B. 1377), L. 2005, effective July 1, 2005. ¶25-23,600.01.

Unemployment Insurance Law

The taxable wage base for 2006 is $21,600, up from $21,000 in 2005. SUTA dumping provisions have also been added (MT ¶27-1700).

Recordkeeping/Posters Law

Beginning January 31, 2006, each state agency shall post a notice of rights and responsibilities of employees under the State Government Effectiveness Act (L.B. 475, L. 2005, at NE ¶28-9900).

Fair Employment Practices Law

The Emergency Health Powers Act provides employment protection for any person who has been placed in isolation or quarantine pursuant to an order of the Commissioner of Health and Senior Services (Ch. 222 (S. 2085), L. 2005, at NJ ¶31-2500).

New Jersey Discrimination Because of Disability Rules

An individual with a disability need only show that he or she can perform the essential functions of a job. Also, a leave of absence may be considered a reasonable accommodation consistent with case law and interpretive guidance under the Americans With Disabilities Act. In addition, all existing rules were readopted. Title 13, Chapter 13, Subchapters 1 and 2, Sections 13:13-1.1 through 13:13-2.8, as readopted effective Dec. 2, 2005 and amended Jan. 3, 2006. ¶31-20,800.01 through ¶31-20,800.11. 

Jury Duty and Court Attendance Leave Law

The state has added provisions regarding postponement of petit jury service for employees of certain small employers and other key employees (Ch. 107 (S. 240), L. 2005, at NM ¶32-7100).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (NM ¶32-9900).

New Mexico Criminal Background Checks Rules 

All applicants, caregivers, hospital caregivers, and care providers in New Mexico are required to undergo a criminal background check as a condition of employment. Title 7, Chapter 1, Part 9, Sections 7.1.9.1 through 7.1.9.11, as amended effective Jan. 1, 2006. ¶32-23,650.11 through ¶32-23,650.21.

Recordkeeping/Posters Law

The state has updated its minimum wage poster (NY ¶33-9900).

Unemployment Insurance Law

The taxable wage base in North Carolina for 2006 is $17,300, up from $16,700 in 2005. North Carolina contribution rates will continue to be determined under Rate Schedule A in 2006, and will range from zero to 3.24% for positive-balance employers, and from 3.48% to 6.84% for deficit-balance employers. The 20% State Reserve Tax also is in effect for 2006 (NC ¶34-1700).

New Hire Reporting Law

The state has amended its law relating to recovery of civil money penalties with respect to new hire reporting (Ch. 415 (H. 1172), L. 2005, at ND ¶35-1600).

Minimum Wage Law

Through June 30, 2006, Portland's fair wage will include a base wage of $8.67 per hour and a benefit allotment of $1.61 per hour for a total compensation of $10.28 per hour (OR ¶38-1000).

Unemployment Insurance Law

Services performed by an individual for remuneration are considered employment subject to the law unless it is shown that the individual is an independent contractor, as that term is defined in the statute. Such a finding is the only acceptable means of determining independent contractor status (OR ¶38-1700).

The UI rate schedule in effect for 2006 is Tax Schedule IV. Schedule IV provides for contribution rates ranging from 1.2% to 5.4%, with a base rate of 3.1%. For 2006, the taxable wage base in Oregon is $28,000, up from $27,000 in 2005 (OR ¶38-1700).

Puerto Rico Equal Opportunity in State Employment Law

Topic added. Under the Puerto Rico Public Service Personnel Act every employee is to be selected, trained, promoted and retained in his employment in consideration of his merit and ability, without discrimination by reason of race, color, sex, birth, age, origin or social condition or political or religious ideas. Title 3, Chapter 51, Sections 1311 and 1312. ¶40-23,400.01 and ¶40-23,400.02.

Disability Law

No employer may refuse to employ or otherwise penalize a person based solely on his or her status as a registered qualifying patient using marijuana for medical reasons. However, employers are not required to accommodate the medical use of marijuana in any workplace (H. 6052, L. 2005, at RI ¶41-2600).

Fair Employment Practices Law

Effective January 1, 2006, employees who sell or serve alcoholic beverages must complete a certified alcohol server training program. Employers of such individuals must require servers to be recertified every three years, and must submit to their municipality information verifying that all servers employed by them have completed the required training (Ch. 183 (S. 76), L. 2005, at RI ¶41-2500).

Unemployment Insurance Law

The current maximum weekly benefit is $266 (SD ¶43-1700).

Contribution rates in South Dakota will continue to be determined from the basic rate schedule for 2006. As a result, rates for positive-balance employers will range from 0.0% to 1.0%, and rates for negative-balance employers will range from 1.2% to 7.0%. In addition, the investment fee remains in effect this year. The rate for new construction employers in 2006 is 6.7%, and the rate for new nonconstruction employers in 2006 is 1.9%, both rates including the investment fee (SD ¶43-1700).

Military and Emergency Services Leave Law

The state has amended its law relating to the amount of emergency leave granted by state agencies to state employees on unpaid military leave (Ch. 371 (S. 1345), L. 2005, at TX ¶45-7200).

Unemployment Insurance Law

The current maximum weekly benefit amount in Texas is $350, and the minimum amount is $55 (TX ¶45-1700).

Utah Criminal Background Checks Rules

Operators and employees of facilities providing services for children or vulnerable adults are required to undergo a criminal background check and submit a set of fingerprints. R501-14, Sections R501-14-1 through R501-14-13, as adopted effective Nov. 16, 2005. ¶46-23,651.31 through ¶46-23,651.43.

Recordkeeping/Posters Law

The state's minimum wage poster has been updated (VT ¶47-9900).

Vermont Access to Personnel Records Law

Topic added. All information contained in the personnel files of an individual employee of any public agency must be made available to that individual employee or to a designated representative of the employee. Title 1, Chapter 5, Subchapter 3, Section 317. ¶47-23,700.01.

Sexual Orientation Discrimination Law

On December 16, 2005, Virginia Governor Mark Warner revised an executive order prohibiting discrimination in state government employment to include discrimination based on sexual orientation. The amendment took place immediately (Executive Order 1, 2002, revised December 16, 2005, at VA ¶48-3100).

Virginia Criminal Background Checks Rules

All employees of assisted living facilities and adult day care centers are required to obtain a criminal record report from the Department of State Police. Title 22, Agency 40, Chapter 90, Sections 40-90-10 through 40-90-70, as amended effective July 1, 2005. ¶49-23,650.01 through ¶49-23,650.07.

Virginia Criminal Background Checks Rules

Applicants and volunteers of child welfare agencies are required to undergo a criminal background check as a condition of employment. Title 22, Agency 40, Chapter 191, Sections 40-191-40, 40-191-50 and 40-191-90, as amended effective July 1, 2005. ¶49-23,650.24, ¶49-23,650.25 and ¶49-23,650.29.

Virginia Access to Personnel Files-State Employment Law

Topic added. State employers may not deny an employee access to his or her own personnel file. Title 2.2, Subtitle 2, Part B, Chapter 37, Section 2.2-3705.1. ¶49-23,700.01.

Virginia EEO in State Employment Executive Order

Governor Tim Kaine signed Executive order 1-06 on January 14, 2006, prohibiting discrimination in state employment on the basis of ace, sex, color, national origin, religion, sexual orientation, age, political affiliation or otherwise qualified persons with disabilities. This Executive Order supersedes and rescinds Executive Order Number One (2002), Equal Opportunity, issued by Governor Mark R. Warner on January 12, 2002, and revised on December 16, 2005 and is effective immediately. ¶49-23,302.01.

Preemployment Inquiries Law

The state has amended its statutory provisions regarding the furnishing of conviction records to employers by the state patrol (Ch. 421 (S. 5899), L. 2005, at WA ¶49-9900).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (WA ¶49-9900).

Washington Criminal Background Checks Law

The state has amended its statutory provisions regarding the furnishing of conviction records to employers by the state patrol Title 43, Chapter 43.43, Sections 43.43.830 through 43.43.845, and a new section to be codified in this chapter, as amended and enacted by Ch. 421 (S.B. 5899), L. 2005, effective July 24, 2005. ¶50-23,600.32 through ¶50-23,600.42.

Washington Criminal Background Checks Rules

A possible loophole that might allow a school bus driver to retain his/her authorization even if convicted of certain conduct or alleged to have in certain conduct relating to the job of a bus driver has been eliminated. Title 180, Chapter 180-20, Section 180-20-103, as amended effective Nov. 1, 2005. ¶50-23,650.03.

Washington Access to Personnel Files

Public Employment Law—Topic added. Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy are exempt from public disclosure and copying. Title 42, Chapter 42.17, Section 42.17.310, as amended by Ch. 284 (H.B. 1694), L. 2005, effective July 24, 2005. ¶50-23,700.01.

Washington Criminal Background Checks Rules

A possible loophole that might allow a school bus driver to retain his/her authorization even if convicted of certain conduct or alleged to have in certain conduct relating to the job of a bus driver has been eliminated. Title 180, Chapter 180-20, Section 180-20-103, as amended effective Jan. 15, 2006. ¶50-23,650.03.

Disability Law

It is the policy of the Council for Community and Technical College Education to provide equal opportunity for all qualified persons, to prohibit discrimination on the basis of handicap, and to take affirmative action to recruit and employ qualified faculty and staff (WV ¶50-2600).

West Virginia Parental Leave Rule-Public Education Employees

Topic added. The Council for Community and Technical College Education adopted a rule providing employees 12 weeks of unpaid leave for the birth or adoption of child, because of a planned medical treatment or to care for the employee's spouse, son, daughter, parent, or dependent who has a serious health condition. Title 135, Series 38, Section 135-38-7, as adopted effective Dec. 14, 2005. ¶51-22,500.01.

Unemployment Insurance Law

For 2006, Schedule B of the Rate Tables is in effect. Rates under Schedule B range from 0.0% to 8.9%. In addition, the rate (including solvency rate) for newly liable construction employers with payrolls of $500,000 and over is 6.6%, and the rate for newly liable construction employers with payrolls of under $500,000 is 6.6% for 2006. The general new employer rate (including solvency rate) in 2006 for employers with payrolls of $500,000 and over is 3.4%, and the general new employer rate for employers with payrolls of under $500,000 is 3.25% (WI ¶51-1700).