State Law Changes

July 15, 2009 Update

Breastfeeding Rights in Employment Law

The provisions enacted by Act 2006-526 (H.B. 351), L. 2006, permitting a mother to breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present has been codified. Title 22, Subtitle 1, Chapter 1, Section 22-1-13. Para ¶1-22,650.01.

Child Labor Law

The state's child labor law has been revised. Changes include adding definitions; creating the Child Labor Administrative Trust Fund; prohibiting a minor from selling fireworks unless supervised by a person at least 18 years of age; requiring an employer to obtain a child labor certificate in order to employ a minor; providing for certificate fees and fines for noncompliance; requiring certain minors to obtain an eligibility to work form from the school which the minor attends; and to repeal conflicting laws, including those relating to work permits (Act 565 (H. 144), L. 2009, effective May 19, 2009, at AL ¶1-1500.)

Fair Employment Practices Law

A measure that would ban state affirmative action programs in Arizona will be on the state’s ballot in November 2010. On June 22, 2009, the Arizona Senate, in a 17-11 vote, approved the measure (H. Con. Res. 2019), which had been approved by the House on June 18 in a 32-18 vote. The proposal does not require the governor’s signature to be on the ballot. While five other states have launched similar ballot initiatives through signature gathering campaigns, Arizona is the first state to put such a measure on the ballot via legislative action.

The initiative would amend the Arizona constitution to prohibit state universities, the state, and all other state entities (including cities, towns and counties) from discriminating against or granting preferential treatment based on race, sex, color, ethnicity or national origin ”in the operation of public employment, public education, or public contracting.” The measure allows exceptions to the prohibition when “bona fide qualifications based on sex” are “reasonably necessary” or when necessary to establish or maintain eligibility for any federal funding. In addition, it exempts court orders or consent decrees in force when the measure becomes effective.

Workers' Compensation Law

The care provided by the spouse of an injured worker in the absence of an attendant, including dispensing medication, preparing special food, cleaning him, and moving him from bed to wheelchair, is compensable under Arizona’s workers’ compensation statute, the Arizona Supreme Court has ruled in a case of first impression. “Under Arizona law, compensability turns on the nature of the services, not on the identity of the provider,” the court concluded. The services provided by the worker’s wife in this case were identical to those rendered by his paid attendants, the court observed. Thus, it set aside a state industrial commission award that had likened the caregiving as “akin to the day-to-day duties assumed by a spouse in accord with the marriage commitment.” The high court also vacated an intermediate court opinion, rejecting its statutory interpretation of “other treatment” to mean solely other medical treatment (Carbajal v Industrial Comm of Arizona, ArizSCt, June 15, 2009, at AZ ¶3-4300).

Breastfeeding Rights in Employment Law—Topic added

Employers in Arkansas will be required to provide a reasonable unpaid break time for an employee who needs to express breast milk for her child. The employer must make reasonable effort to provide a room or other location close to the work area that is private, secure, and sanitary, other than a toilet stall, where an employee can express her breast milk. Break time for expressing breast milk is to run concurrently with any paid or unpaid break time already provided to the employee. The employer is not required to provide break time for purposes of expressing breast milk if to do so would create an undue hardship on the employer's operations. The employee must make a reasonable effort to minimize disruption of the employer's operations. Title 11, Chapter 5, Subchapter 1, Section 11-5-116, as enacted by Act 621 (H.B. 1552), L. 2009, effective July 31, 2009. Para ¶4-22,650.01.

Criminal Background Checks Law

Each first-time applicant for a license issued by the State Board of Education and each applicant for his or her first license renewal on or after July 1, 1997, shall be required to request through the Department of Education a child maltreatment central registry check to be conducted by the Department of Human Services. No person holding a license issued by the state board shall be eligible for employment by a local school district if the results of the child maltreatment central registry check released to the Department of Education reveal that the applicant has a true report in the child maltreatment central registry. Title 6, Subtitle 2, Chapter 17, Sections 6-17-410 through 6-17-416, as amended by Act 1173 (H.B. 1450), L. 2009, effective July 31, 2009. Paras ¶4-23,600.02 through ¶4-23,600.06.

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Meal and Rest Periods Law

New law has been added to provide that employers must provide a reasonable unpaid break time each day to an employee who needs to express breast milk for her child in order to maintain milk supply and comfort. The employer must make reasonable effort to provide a room or other location close to the work area that is private, secure, and sanitary, other than a toilet stall, where an employee can express her breast milk. Break time for expressing breast milk is to run concurrently with any paid or unpaid break time already provided to the employee. The employer is not required to provide break time for purposes of expressing breast milk if to do so would create an undue hardship on the employer's operations. The employee must make a reasonable effort to minimize disruption of the employer's operations (Act 621 (H. 1552), L. 2009, effective July 31, 2009, at AR ¶4-1400).

Unemployment Insurance Law

Effective July 1, 2009, the maximum weekly benefit amount in Arkansas will be $441, and the minimum weekly benefit amount will be $79 (AR ¶4-1700).

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Family, Medical and Parental Leaves Law

The Parental Involvement in K-12 Education Act will take effect on August 5, 2009. The law will provide leave for employees wishing to take part in the academic activities of their children (H. 1057, L. 2009, at CO ¶6-7000).

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Health Insurance Benefit Coverage Law

A new law in Colorado will require health benefit plans to cover the assessment, diagnosis and treatment of autism spectrum disorders for a child. Treatment, to be prescribed by a licensed physician or licensed psychologist, shall include: (1) evaluation and assessment services; (2) behavior training, behavior management and applied behavior analysis; (3) habilitative or rehabilitative care including occupational therapy, physical therapy or speech therapy; (4) pharmacy care and medication if covered by the health benefit plan; (5) psychiatric care; (6) psychological care including family counseling; and (7) therapeutic care. The annual maximum benefit for mandated applied behavior therapy shall not exceed $34,000 for a child under nine years of age, and $12,000 for a child at least nine but under 19. Otherwise, autism coverage may not be subject to dollar limits, deductibles, or coinsurance provisions that are less favorable to an insured than those applicable to physical illness under the plan (Ch. 391 (S. 244), L. 2009, applicable to health insurance policies, health care service or indemnity contracts, and managed care plans issued or renewed on or after July 1, 2010, at CO ¶6-4000).

Colorado has amended its dependent health coverage mandate to reflect “Michelle's Law,” a federal measure enacted last October that ensures health insurance continuation for college students on medical leave. Sickness and accident insurance policies and group health service contracts (including HMOs) that provide dependent coverage to a child enrolled in a postsecondary educational institution may not terminate coverage due to a medically necessary leave of absence (that causes loss of student status for dependent coverage purposes) before the date that is the earlier of: (1) one year after the first day of the medically necessary leave of absence; or (2) the date coverage would otherwise end under the terms of the plan or health insurance coverage (Ch. 353 (H. 1338), L. 2009, effective July 1, 2009, at CO ¶6-4000).

The state also updated its mental health coverage mandate to reflect the federal “Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.” Language was added to clarify that small group policies are required to provide a specified level of coverage for mental illness, while large group plans must provide coverage comparable to that provided for physical illness (Ch. 353 (H. 1338), L. 2009, effective July 1, 2009, at CO ¶6-4000).

Also reflected is the federal “Genetic Information Nondiscrimination Act of 2008.” Entities that provide health care insurance may not request or require an individual or family member to undergo a genetic test unless otherwise authorized by state or federal law. In addition, entities that receive genetic information may not seek, use or keep the information for any nontherapeutic purpose or for any underwriting purpose connected with the provision of health care insurance or Medicare supplement insurance coverage (Ch. 353 (H. 1338), L. 2009, effective July 1, 2009, at CO ¶6-4000).

Minimum Wage Law

Colorado Governor Bill Ritter (D) has signed into law a bill allowing any person to file a written complaint with the state’s Department of Labor and Employment alleging an employer is misclassifying an employee as an independent contractor.

For cases where misclassification was made with willful disregard of the law, the director may impose a fine of up to $5,000 per misclassified employee for the first misclassification with willful disregard, and upon a second or subsequent violation, fine the employer up to $25,000 per misclassified employee and prohibit the employer from contracting with the state for up to two years.

The law can be found at: http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/BillFoldersAll?OpenFrameSet (H. 1310, L. 2009, effective June 2, 2009, at CO ¶6-1000).

Equal Pay Law

If an employee can demonstrate that an employer discriminates on the basis of sex by paying wages to employees at the employer's business at a rate less than the rate at which the employer pays wages to employees of the opposite sex at such business for equal work on a job, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, such employer must demonstrate that such differential in pay is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential system based upon a bona fide factor other than sex, such as education, training or experience. Employers who violate these provisions may be found liable to the employee for the difference between the amount of wages paid and the maximum wage paid any other employee for equal work, compensatory damages and, if the violation is found to be intentional, punitive damages. Title 31, Chapter 558, Part II, Sections 31-75 and 31-76, as amended by P.A. 09-101 (H.B. 6185), L. 2009, effective Oct. 1, 2009. Paras ¶7-23,100.01 and ¶7-23,100.02.

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Access to Personnel Files Law

Effective October 1, 2009, employers who do not provide their employees access to their personnel files shall be liable to the Labor Department for a civil penalty of $300 per violation (H. 6185, L. 2009, at CT ¶7-8500).

Fair Employment Practices Law

The state has extensively revised its equal pay law, effective October 1, 2009 (H. 6185, L. 2009, at CT ¶7-2500).

Health Insurance Benefit Coverage Law

A new law in Connecticut clarifies that group comprehensive health care plans, as well as individual health insurance policies, must cover stepchildren on the same basis as biological children. The law took effect immediately upon passage (P.A. 09-124 (H. 5433), L. 2009, effective June 18, 2009, at CT ¶7-4000).

Preemployment Inquiries Law

Effective October 1, 2009, the Commissioner of Developmental Services may require each applicant seeking employment with the department or seeking employment with a provider licensed or funded by the department to submit to a check for substantiated complaints in the Department of Children and Families child abuse and neglect registry (P.A. 09-85 (S. 756), L. 2009, at CT ¶7-9000).

Discrimination in Employment Act

Delaware Governor Jack Markell (D) signed into law S.B. 121, L. 2009, on July 3, 2009, prohibiting discrimination based on sexual orientation in the areas of employment, public works contracting, public accommodations, housing and insurance. The bill defines “sexual orientation” to exclusively mean heterosexuality, homosexuality, or bisexuality. Religious employers are exempt from the law, except where the duties of employment or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under the Internal Revenue Code. In addition, the state superior court, in the first instance, will hear and adjudicate alleged criminal violations under the Act of employment discrimination, equal accommodations and fair housing. Title 19, Chapter 7, Subchapter II, Sections 710 and 711, as amended by S.B. 121, L. 2009, effective July 3, 2009. Paras 8-20,025.10 and 8-20,025.11.

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COBRA Law

Section 3a of the Continuation of Health Coverage Act of 2002 has been amended by replacing the phrase “3 months” with the phrase “within 3 months, or for the period of time during which the employee is eligible for premium assistance under the American Recovery and Reinvestment Act,” essentially bringing the District's “mini-COBRA” statute into line with the ARRA (B. 283, L. 2009, at DC ¶9-4200).

Drug Testing Law

The state has enacted a law deleting the requirement that initial drug tests conducted pursuant to a drug-free workplace program be conducted by a licensed or certified laboratory. Confirmation tests, however, must still be done by such labs (Ch. 2009-127 (S. 408), L. 2009, effective July 1, 2009, at FL ¶10-8600).

Military and Emergency Services Leave Law

The state has expanded employment protections for National Guard members, effective July 1, 2009 (Ch. 2009-122 (H. 635), L. 2009, at FL ¶10-7200).

Wage Payment Law

The state wage payment law has been amended to include payroll debit cards under requirements applicable to payment instruments. This law provides that a method of payment of wages or salary, including any order, check, draft, note, memorandum, or payroll debit card, must be negotiable and payable in cash, on demand, without discount, at some established place of business in the state, and the name of such business must appear on the instrument or in the payroll debit card issuing materials. At time of issuance and for a reasonable time thereafter, which must be at least 30 days, the maker or drawer must have sufficient funds or credit, arrangement, or understanding with the drawee for its payment (Ch. 140 (H. 569), L. 2009, effective July 1, 2009, at FL ¶10-1200).

Child Support Enforcement Law

The state has enacted a law clarifying that all income withholding payments be sent through the Child Support Enforcement Agency (S. 851, L. 2009, effective June 12, 2009, at HI 12-5500).

Smoking in the Workplace Law

The state's public smoking law has been amended with respect to state correctional facilities, effective July 1, 2009 (S. 1073, L. 2009, at HI ¶12-2700).

Violence in the Workplace Law

The state has enacted a law providing that the offense of harassment includes all forms of electronic communications, effective June 5, 2009. Prior law had only specified e-mail (H. 615, L. 2009, at HI ¶12-3300).

Organ, Blood and Bone Marrow Donation Leave-Public Employees Rule

The rule was amended to comply with Public Act 95-354, which allows employees more than one hour to donate blood and more than 2 hours to donate blood platelets, in accordance with the Organ Donor Leave Act. Previously, an employee was only permitted up to one hour to donate blood every 56 days and up to 2 hours to donate blood platelets. In addition, an employee is only permitted to use the leave only after obtaining approval from the employee's agency. Title 80, Subtitle B, Chapter 1, Part 332, Section 332.4, as amended effective June 1, 2009. Para ¶14-23,300.04.

COBRA Law

Illinois has extended its enrollment for standard continuation coverage. Eligible employees who were involuntarily terminated between September 1, 2008, and December 31, 2009, and who declined enrollment, can now enroll. Notice shall be mailed to all eligible employees within 14 days of the effective date of the legislation, and shall conform to all applicable requirements of the ARRA. Continuation shall not extend past 24 months (H. 2325, L. 2009, effective June 18, 2009, at IL ¶14-4200).

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Minimum Wage Law

As previously reported, the state minimum wage is now $8.00 per hour as of July 1, 2009, as part of a scheduled increase (IL ¶14-1000).

Disability Law

The state has enacted a law providing that a person assisting a person with a disability by controlling an assistive animal, or a person training an assistive animal, has the right to be accompanied by a service dog or an assistive animal in public accommodations and transportation (H. 488, L. 2009, at IA ¶16-2600).

Military and Emergency Services Leave Law

The state has enacted a law providing volunteer emergency services providers protection from employment termination. The law, known as the Volunteer Emergency Services Providers Job Protection Act, also prohibits a public or private employer from terminating the employment of an employee for joining a volunteer emergency services unit or organization (H. 671, L. 2009, at IA ¶16-7200).

Unemployment Insurance Law

For the year beginning July 5, 2009, the maximum weekly benefit amounts in Iowa are $374 for an individual with no dependents, $388 for an individual with one dependent, $402 for an individual with two dependents, $423 for an individual with three dependents, and $459 for an individual with four or more dependents. The minimum weekly benefit amounts are $56, $58, $61, $64, and $67, respectively (IA ¶16-1700).

Unemployment Insurance Law

Effective July 1, 2009, the maximum weekly benefit amount in Kansas is $436, and the minimum is $109 (KS ¶17-1700).

Minimum Wage Law

Kentucky employers are reminded that the minimum wage rate in the state increased from $6.55 per hour to $7.25 per hour effective July 1, 2009. Although the federal minimum wage mandated increase does not become effective until July 24, 2009, the Kentucky General Assembly voted to have the wage hike take effect earlier (Kentucky Labor Cabinet Press Release, June 23, 2009, at KY ¶18-1000).

Religious Discrimination in Employment Law—Topic added.

The state has enacted a law protecting persons who refuse to provide specified health care services due to their sincerely held religious beliefs or moral convictions. “Health care service” is limited to abortion, dispensation of abortifacient drugs, human embryonic stem cell research, human embryo cloning, euthanasia, or physician-assisted suicide. There is an exception for emergency care, and a person must notify his or her employer as soon as practicable of any health care service that violates his or her conscience. Title 40, Chapter 5, Part LXVI, Section 1299.35.9, as enacted by Act 372 (H.B. 517), L. 2009, effective Aug. 15, 2009. Para 19-20,250.01.

COBRA Law

Maine has extended its enrollment for standard continuation coverage duration. Eligible employees who were involuntarily terminated between September 1, 2008, and February 16, 2009, who did not initially elect coverage, and their dependents, are now eligible for premium assistance under the ARRA. The new election period began on June 4, 2009, and ends 60 days after the notice of eligibility is mailed to eligible employees. Coverage terminates 12 months later (Ch. 244 (H. 821), L. 2009, effective June 4, 2009, at ME ¶20-4200).

Fair Employment Practices Law

The state has enacted a law changing the statute of limitations under the Maine Human Rights Act from six months to 300 days after an alleged act of employment discrimination to file a complaint with the Maine Human Rights Commission (Ch. 235 (H. 763), L. 2009, at ME ¶20-2500).

Human Rights Act

The statute of limitations in which complaints can be filed under the Maine Human Rights Act has been extended from 6 months to 300 days. Also, the state’s human rights commission is required to conclude discrimination complaint investigations within 2 years after the complaint is filed with the commission. Title 5, Part, Chapter 337, Sections 4611, 4612, 4613, and 4622, as amended by Ch. 235 (H.B. 763), L. 2009, effective September 12, 2009. Paras 20-20,028.01 through 20-20,028.03 and 20-20,029.02.

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New Hire Reporting Law

Maine has enacted a law to increase child support collection by expanding the state's new hire reporting requirements to include the reporting of independent contractors by any employer who is already required to report new hires. The report is required when the aggregate compensation to be paid to the independent contractor equals or exceeds $2,500 (Ch. 198 (S. 96), L. 2009, at ME ¶20-1600).

Plant Closing Law

The state has enacted a law clarifying that during Chapter 11 bankruptcy proceedings, there is no right to severance pay unless the filing is later converted to a filing under Chapter 7. The law also directs an employer to report the expected duration of a mass layoff to the Director of Labor Standards, and requires the employer to periodically update the report to determine whether the layoff constitutes a termination or relocation (Ch. 305 (S. 547), L. 2009, at ME ¶20-3500).

Smoking in the Workplace Law

Maine has enacted a law to strengthen the workplace smoking laws and other laws governing smoking. Among other things, the law clarifies that the term “business facility” means a place of employment, and provides that a personal residence or an apartment is a business facility during the period of time that an employee is physically present. Employers will also be required to establish a policy concerning smoking by employees. The law will take effect 90 days after the legislature adjourns (Ch. 300 (S. 513), L. 2009, at ME ¶20-2700).

Unemployment Insurance Law

Effective from June 1, 2009, through May 31, 2010, the maximum weekly benefit amount in Maine is $356 (ME ¶20-1700).

Equal Pay Rules—Topic added.

Employers are required to collect certain employee data, such as the gender and racial classification of their employees. These records must be maintained by the employer for 3 years. These rules were initially adopted on November 4, 2008 as an emergency rule implementing recordkeeping requirements under the state’s equal pay law, set to expire April 24, 2009. Title 9, Subtitle 12, Sections 09.12.02.01 and 09.12.02.02, as extended on emergency status until October 20, 2009. Paras ¶21-23,150.01 and ¶21-23,150.02

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Health Insurance Benefit Coverage Law

Insurers, nonprofit health service plans, HMOs and dental plan organizations may provide reasonable incentives to individuals for participation in a bona fide wellness program, if: (1) the carrier does not make participation a condition of coverage; (2) participation is voluntary and a penalty is not imposed for nonparticipation; (3) the program is not marketed as having the primary purpose of providing an incentive or inducing the purchase of coverage from the carrier; and (4) the program does not condition an incentive on an individual satisfying a standard related to a health factor, unless certain requirements are met (Ch. 683 (S. 638), L. 2009, effective October 1, 2009, at MD ¶21-4000).

Minimum Wage Law

The Wage Determination Board for Prince George's County established the minimum wage rate for fiscal year 2010 at a rate of $12.60 per hour effective July 1, 2009 (MD ¶21-1000).

Holiday and Vacation Law

Despite having a written vacation pay policy stating that vacation time is not an earned benefit payable upon discharge, the Massachusetts Supreme Judicial Court held that an employer violated the Massachusetts Wage Act when it failed to pay an involuntarily discharged employee for his unused vacation pay. While the Wage Act does not require employers to provide their employees with paid vacation, it states “wages” include “vacation payments due an employee under an oral or written agreement.” At the time of his discharge, the employee had used only one day out of his allotted five weeks of vacation. The employee filed a written complaint with the Attorney General and the Attorney General issued a citation to the employer for violating the Wage Act. The employer challenged the citation in court. While the employer argued that the Wage Act’s language meant that vacation pay is only “due” and payable to employees under the Wage Act if the employer promised to make such a payment, the supreme court disagreed. Relying on an advisory opinion issued by the Attorney General, the supreme court held that if an employee is involuntarily discharged by his or her employer, the Wage Act requires payment of the vacation time earned through that date, regardless of the employer’s written vacation pay policy. In so holding, the supreme court did not address whether vacation pay must be paid out to employees who voluntarily quit their jobs (Electronic Data Sys Corp v AG, June 10, 2009, at MA 22-7400).

Minimum Wage Law

The current living wage rate for Cambridge is $13.69 per hour (MA ¶22-1000).

COBRA Law

Qualified employees who have been involuntarily terminated for reasons other than misconduct will see the federal government provide a 65 percent subsidy toward their COBRA premiums for up to nine months of coverage, while reducing an enrollee’s share of the premium to 35 percent. People terminated between September 1, 2008, and February 16, 2009, who originally declined COBRA coverage or unenrolled by February 16, now have a second chance to enroll in the coverage (S. 1904, L. 2009, at MN ¶24-4200).

Minimum Wage Law

The current living wage rate for both Minneapolis and St. Paul is $11.66 per hour if basic health insurance benefits are provided, or $13.78 per hour without benefits (MN ¶24-1000).

Disability Law

The use of a specially trained service dog by a state employee who required the dog’s assistance for both a physical and mental disability was a reasonable accommodation, the Montana supreme court ruled, reversing a district court. The employee had requested nonskid floor covering on several occasions after her service dog repeatedly suffered injuries when slipping on the tile floor and subsequently had to be retired from service. Although the employer acknowledged that it was required to accommodate the employee, it dragged its heels for 17 months under the apparent belief that it had no legal obligation to accommodate Bess, the service dog. The state high court saw things differently, however, concluding the failure to provide an effective alternative accommodation constituted an adverse employment action (McDonald v Dept of Environmental Quality, MontSCt, June 17, 2009, at MT ¶27-2600).

Unemployment Insurance Law

Effective July 5, 2009, the maximum weekly benefit amount in Montana will be $422, and the minimum weekly benefit amount will be $125 (MT ¶27-1700).

New Hire Reporting Law

The definition of “employee” under the Nebraska New Hire Reporting Act has been amended to include an independent contractor (L.B. 288, L. 2009, effective January 1, 2010, at NE ¶28-1600).

The state's new hire reporting form has also been added.

COBRA Law

Nevada has extended its enrollment for standard continuation coverage. Eligible employees who were involuntarily terminated between September 1, 2008, and February 16, 2009, and who declined enrollment, and their dependents, can now enroll. Notice shall be mailed to all eligible employees within 14 days of the effective date of the legislation and shall conform to all applicable requirements of the ARRA. Continuation shall not extend past 24 months (A. 546, L. 2009, effective June 3, 2009, at NV ¶29-4200).

Family, Medical and Parental Leaves Law

The law has been expanded to require Nevada employers who employ 50 or more employees to grant to a parent, guardian or custodian of a child enrolled in a private or public school four hours of leave from his or her place of employment, which must be taken in increments of one hour, per school year per child, to attend certain school-related activities or events or to volunteer at the school in which the employee’s child is enrolled. These events are broadly defined, including: (1) attending parent-teacher conferences; (2) attending school-related activities during regular school hours; (3) volunteering or otherwise be involved at the school in which the child is enrolled during regular school hours; and (4) attending school-sponsored events.

The leave must be taken at a mutually agreed upon time, and the employer is not required to pay the employee for the leave. The leave is also granted on a per child basis and the employer may require employees to submit a request for leave in writing five school days prior to the date the leave is taken. In addition, the law revises prohibited acts to include demoting, suspending or otherwise discriminating against a parent, guardian or custodian of a child (Ch. 292 (A. 243), L. 2009, effective August 15, 2009, at NV ¶29-7000).

Health Insurance Benefit Coverage Law

The Nevada Legislature overrode Governor Jim Gibbons’ (R) veto of legislation (S.B. 283) that will legalize domestic partnerships, whether gay or straight, in the state, giving domestic partners the same rights, protections, benefits and responsibilities that the state of Nevada offers to married couples. However the bill does state that no Nevada public and private employers are required to provide health care benefits to or for the domestic partner of an officer or employee. The bill also prohibits discrimination against domestic partners. The law will take effect October 1, 2009.

On May 31, 2009, the assembly voted 28-14 not to sustain the governor’s May 25 veto. The senate’s action came one day earlier, when it overrode the veto in a 14-7 vote. The Nevada Legislature’s last session was June 2. The bill can be found at http://www.leg.state.nv.us/75th2009/Bills/SB/SB283_EN.pdf (Ch. 393 (S. 283), L. 2009, at NV ¶29-4000).

Leave for School Visitation Law

The law was expanded to require Nevada employers who employ 50 or more employees to grant to a parent, guardian or custodian of a child enrolled in a private or public school 4 hours of leave from his place of employment, which must be taken in increments of one hour, per school year per child to attend certain school-related activities or events or to volunteer at the school in which the employee’s child is enrolled. These events are broadly defined, including: (1) attending parent-teacher conferences; (2) attending school-related activities during regular school hours; (3) volunteering or otherwise be involved at the school in which his child is enrolled during regular school hours; and (4) attending school-sponsored events. The leave must be taken at a mutually agreed upon time and the employer is not required to pay the employee for the leave. The leave is also granted on a per child basis and the employer may require employees to submit a request for leave in writing five school days prior to the date the leave is taken. In addition, the law revises the prohibited acts to include demoting, suspending or otherwise discriminating against a parent, guardian or custodian of a child. Title 34, Chapter 392, Section 392.920 and Section 1, yet to be codified and Title 34, Chapter 394, Sections 4 and 5, yet to be codified, as amended and enacted by Ch. 292 (A.B. 243), L. 2009, effective Aug. 15, 2009. Paras ¶29-22,550.01 through ¶29-22,550.02 and ¶29-22,550.11 through ¶29-22,550.12.

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Minimum Wage Law

State minimum wage exemptions have been amended. Under current law, enrollees in training or rehabilitative programs of community-based training centers issued a certificate of qualification by the Department of Employment, Training and Rehabilitation are considered exempt. This exemption has been revised, effective July 1, 2009, to provide that the relationship between a provider of jobs and day training services which is recognized as exempt under federal law (26 U.S.C. Section 501(c)(3)), certain specified state law provisions, and which has been issued a certificate by the Division of Mental Health and Developmental Services of the Department of Health and Human Services and a person with mental retardation or person with related conditions participating in a jobs and day training services program is not an employment relationship, and is therefore exempt (Ch. 403 (S. 78), L. 2009, effective July 1, 2009, at NV ¶29-1000).

As previously reported, the minimum hourly wage in Nevada increased on July 1, 2009, to $6.55 per hour for employees of employers who offer qualifying health benefits, or $7.55 per hour for all other employees. State minimum wage rates are adjusted annually based on changes in the cost of living, pursuant to Section 16 of Article 15 of the Constitution of Nevada, at NV ¶29-1000.

Overtime Pay Law

Nevada law provides for payment of overtime at the rate of one and one-half times the employee’s regular rate when the employee works over 40 hours in a scheduled week of work or over eight hours in a workday (unless by mutual agreement the employee works a scheduled 10 hours a day for four calendar days within a scheduled week of work). Exemptions from this requirement include salespersons earning commissions in a retail business if their regular rate is more than one and one-half times the state minimum wage, and more than one-half of their compensation comes from commissions. This exemption from overtime has been amended, effective July 1, 2009, to apply to employees in a retail or service business if their regular rate is more than one and one-half times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than one month (Ch. 445 (A. 84), L. 2009, effective July 1, 2009, at NV ¶29-1100).

Smoking in the Workplace Law

Effective December 9, 2009, the Nevada Clean Indoor Air Act will be amended to allow the smoking of tobacco in certain convention facilities during certain meetings and trade shows (Ch. 497 (A. 309), L. 2009, at NV ¶29-2700).

Violence in the Workplace Law

Effective October 1, 2009, text messaging will be added to the existing crime of stalking with the use of a communication device (Ch. 497 (A. 309), L. 2009, at NV ¶29-3300).

Holiday and Vacation Law

Any veteran who has received an honorable discharge from the United States armed forces shall have a preference not to work during the 24 hours comprising Veterans Day without penalty, provided that the employee gives advance notice in accordance with the employer's policies and procedures. An employer is not required to pay a veteran for wages on Veterans Day if the veteran chooses not to work in accordance with this law. There are special provisions for emergency responders (Ch. 116 (H. 90), L. 2009, effective August 21, 2009, at NH ¶30-7400).

Preemployment Inquiries Law

The state has enacted a law permitting a criminal history records check by a municipality to be only a state records check or both a federal and state records check (Ch. 99 (S. 202), L. 2009, at NH ¶30-9000).

Sexual Orientation Discrimination Law

New Hampshire Gov. John Lynch has signed a law that will allow same-sex marriage in New Hampshire effective January 1, 2010 (Ch. 59 (H. 436), L. 2009, at NH ¶30-3100).

Violence in the Workplace Law

The state has amended its stalking law (Ch. 28 (A. 1563), L. 2008, enacted March 21, 2009, at NJ ¶31-3300).

Human Rights Law

The state has amended its human rights law to prohibit employers from discriminating against victims of domestic violence or stalking based upon status as a domestic violence victim. Executive Law, Article 15, Sections 292 and 296, as amended by A.B. 755, L. 2009, effective July 7, 2009. Paras 33-20,025.02 and 33-20,025.06.

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Minimum Wage Law

The current living wage for Nassau County is $12.05 per hour, or $10.50 per hour with health benefits (NY ¶33-1000).

The current living wage for Syracuse is $13.63 per hour without qualified health insurance, or $11.54 per hour with qualified health insurance (NY ¶33-1000).

Recordkeeping/Posters Law

The Suffolk County living wage poster and the Syracuse living wage poster have been added (NY ¶33-9900).

COBRA Law

North Carolina has extended enrollment for its mini-COBRA protections. Eligible employees who did not elect coverage may now elect coverage. The election shall be made no more than 60 days following notice to the employee by the administrator of that employee's group policy, and that notice must be provided within 60 days of the effective date of the act (June 9, 2009) (Session Law 2009-62 (S. 957), L. 2009, at NC ¶34-4200).

Minimum Wage Law

Effective July 1, 2009, standard full-time employees of the town of Chapel Hill shall be paid a minimum living wage rate of $11.06 per hour. The living wage rate will be reviewed on an annual basis as part of the town's budget development process (2009-06-08/R-8, at NC ¶34-1000).

Minimum Wage Law

The current living wage rate for Toledo is $11.67 per hour with a minimum level of health insurance, and $13.79 per hour when health insurance is not provided (OH ¶36-1000).

Overtime Pay Law

Oklahoma law provides that eight hours constitutes a day’s work and requires overtime compensation for hours worked over 40 in a workweek for those public employees not otherwise exempt by special provisions of the federal Fair Labor Standards Act. Exception is made to allow public employees to work more than eight hours in a work day when such hours are assigned as part of an alternate work schedule. This law has been amended to include public safety professionals as those who may be allowed to work over eight hours per day when such hours are assigned as part of an alternate work schedule. Those working alternate work schedules must still be paid overtime when working in excess of 40 hours in a workweek, according to federal laws and regulations. “Public safety professionals” means sheriffs, deputy sheriffs, correctional officers, and persons in the emergency medical service profession (H. 1608, L. 2009, effective July 1, 2009, at OK ¶37-1100).

Preemployment Inquiries Law

The state has enacted a law prohibiting a private employer, a public employer or a public official from inquiring as to whether a job applicant owns or possesses a firearm (H. 1025, L. 2009, at OK ¶37-9000).

Rules for Fair Employment Practices Appointments-State Employees

The Office of Personnel Management amended its rules to require persons who complete approved discrimination complaint training courses to submit proof of completion on a form that is prescribed or approved by the Administrator. In addition, all affirmative action plans shall include a description of the methods to be used for internal and external dissemination of the affirmative action and include an analysis of the number of minorities and females available to the workforce of the agency. Title 530, Chapter 10, Subchapter 3, Sections 530:10-3-26, 530:10-3-33.3, and 530:10-3-33.6, as amended effective June 25, 2009. Paras ¶37-20,075.26, ¶37-20,075.333 and ¶37-20,075.336.

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Child Labor Law

Oregon’s child labor law has been amended to increase the hours of the day during which a child under the age of 16 may be employed and to provide for additional hours of work during summer. A child under the age of 16 cannot be employed for more than 10 hours per day or more than six days in one week. Effective January 1, 2010, the Commissioner of the Bureau of Labor and Industries has authority to issue special permits for employment of children under 16 years of age in agriculture for longer than 10 hours in one day when the Commissioner determines such hours will not be detrimental to the health and safety of the children so employed. Currently, a child under the age of 16 cannot be employed before 7 a.m. or after 6 p.m., except in agriculture, youth camps, as a newspaper vendor or carrier, by special permit, or in or about a private residence at domestic work, chores and child care (but not in places where child care or training is carried on as an occupation). This part is amended effective January 1, 2010, to provide that a minor under the age of 16 may not be employed before 7 a.m. or after 7 p.m., except that during the period between June 1 and Labor Day a child under the age of 16 may be employed until 9 p.m. Exceptions for agriculture, youth camps, newspaper vendors or carriers, domestic work, chores and child care in the home remain the same, but the provision allowing for employment by special permit will be removed effective January 1, 2010 (Ch. 104 (H. 2826), L. 2009, effective January 1, 2010, at OR ¶38-1500).

Discrimination Against Crime Victims Law

The provisions prohibiting employers with six or more employees from discriminating against an employee because the employee takes leave to address domestic violence, sexual assault or stalking have been codified. Title 51, Chapter 659A, Sections 659A.270 through 659A.285, as enacted by S.B. 946, L. 2007. Paras 38-21,050.11 through 38-21,050.16.

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In addition, the law has been extended to prohibit employers from refusing to hire an otherwise qualified individual because the individual is a victim of domestic violence, sexual assault or stalking. Employers are also required to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, sexual assault or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer. The law is to be codified as part of Title 51, Chapter 659A, Section 2, as enacted by S.B. 928, L. 2009, effective Jan. 1, 2009. Para 38-21,050.17.

Fair Employment Practices Act

On June 24, Governor Ted Kulongoski signed H.B. 3162 that would extend discrimination protections based on whistleblowing disclosures to private employees. The law prohibits both private and public employers from discriminating or retaliating against any employee if the employee has in good faith reported anything the employee believes is evidence of a violation of a state or federal law, rule or regulation. Employees who believe they have been discriminated against can file a complaint with the Oregon Bureau of Labor and Industries, or file a civil action with a state circuit court or federal district court. Title 51, Chapter 659A, Section 659A.885, and a section to be made a part of Chapter 659A, as amended and enacted by H.B. 3162, L. 2009, effective Jan. 1, 2010. Paras 38-20,025.885 and 38-20,026.01.

Fair Employment Practices Law

Oregon has enacted a law prohibiting employers from discriminating against individuals who are victims of domestic violence, sexual assault or stalking. The law also requires employers to make reasonable safety accommodations requested by such victims (S. 928, L. 2009, enacted June 23, 2009, at OR ¶38-2500).

The state has also expanded employment protections for whistleblowers (H. 3162, L. 2009, enacted June 24, 2009, at OR ¶38-2500).

Family, Medical and Parental Leaves Law

The state has enacted a law requiring employers to provide leave to certain employees who are spouses of members of military forces that are on active duty during periods of military conflict. The law, which takes effect immediately, makes failure to grant leave or discrimination against a spouse exercising the right to military family leave an unlawful practice. The Bureau of Labor and Industries will enforce the law (H. 2744, L. 2009, at OR ¶38-7000).

Family Military Leave Act—Topic added.

Private and public employers that employs 25 or more persons are required during a period of military conflict, to provide an employee who is a spouse of a member of the Armed Forces of the United States, the National Guard or the military reserve forces of the United States who has been notified of an impending call, order to active duty or who has been deployed a total of 14 days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment and when the military spouse is on leave from deployment. The law makes failure to grant leave or discrimination against a spouse exercising the right to military family leave an unlawful practice. The Bureau of labor and Industries will enforce the law. The law is to be codified as part of Title 51, Chapter 659A, as enacted by Sections 2 through 5, of H.B. 2744, L. 2009, effective May 25, 2009. Paras 38-22,451.01 through 38-22,451.04.

Health Insurance Benefit Coverage Law

A new law in Oregon will require health benefit plans, health care service contractors and trusts carrying out multiple employer welfare arrangements (MEWAs) to cover medically necessary therapy and services for the treatment of traumatic brain injury (S. 381, L. 2009, effective January 1, 2010, at OR ¶38-4000).

Health care service contractors and MEWA trusts soon will become subject to existing coverage mandates for orthotic and prosthetic devices, as well as acupuncture services performed by a licensed acupuncturist (S. 381, L. 2009, effective January 1, 2010, at OR ¶38-4000).

Oregon's law requiring health insurance coverage for the treatment of certain metabolic disorders was set to expire this summer, but the July 3, 2009, sunset date is now repealed. Under the law, individual and group health insurance policies must cover the treatment of inborn errors of metabolism that involve amino acid, carbohydrate and fat metabolism and for which medically standard methods of diagnosis, treatment and monitoring exist. Coverage must include the expense of diagnosing, monitoring and controlling the disorders by nutritional and medical assessment including, but not limited to, clinical visits, biochemical analysis and medical foods. Also, effective July 3, 2009, health care service contractors and MEWA trusts will become subject to the mandate as well (S. 9, L. 2009, enacted June 18, 2009, at OR ¶38-4000).

Minimum Wage Law

The Corvallis living wage will remain at $11.18 per hour for FY 09-10; therefore, the living wage will be $11.18 per hour through June 30, 2010 (OR ¶38-1000).

Preemployment Inquiries Law

The state has amended its law relating to background checks for employees and prospective employees of the State Department of Fish and Wildlife (H. 2224, L. 2009) and the Oregon Youth Authority (H. 2187, L. 2009) (OR ¶38-9000).

Veterans’ Preference in Public Employment Law

A public employer must grant a preference to a veteran or disabled veteran who successfully completes an initial application screening or an application examination or who successfully completes a civil service test the employer administers to establish eligibility for a vacant civil service position. A veteran is eligible to use this preference for a civil service position for which the application is made at any time after discharge or release from service in the Armed Forces. Currently, a veteran is required to apply within 15 years of discharge or release from service. Title 33, Chapter 408, Sections 408.225 and 408.235, as amended by H.B. 2510, L. 2009, effective Jan. 1, 2010. Paras 38-21,750.01 and 38-21,750.03.

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COBRA Law

Act 2 of 2009 mandates that group health plans sponsored by employers that employ from two to 19 employees are subject to the new mini-COBRA requirements. Covered group health plans will be required to provide continuation coverage to eligible individuals for a period of up to nine months. Individuals are eligible for continuation coverage who experience a qualifying event (i.e., termination of employment, death, divorce, Medicare eligibility, and loss of dependent status); were covered under the small employer’s group health plan for the three months prior to the qualifying event; and who are not eligible for or covered under Medicare or other private group health insurance.

The law has specific notice requirements that apply to employers, employees (and their dependents), and insurers: the group policy must provide notice to policyholders within 45 days of the effective date of the law; employers must provide notice to individuals of their right to continuation coverage within 30 days of a qualifying event; individuals must notify the employer of their election for continuation coverage within 30 days of receiving the notice.

Eligible individuals who elect to continue group health coverage under the law are required to pay up to 105% of the group rate for continuation coverage. ARRA provides that “assistance eligible Individuals” are entitled to a 65 percent subsidy of the regular premium amount the former employee would otherwise be required to pay to maintain coverage. This subsidy generally applies to individuals who experienced an involuntary employment termination from September 1, 2008, through December 31, 2009. The subsidy lasts for up to nine months from the time of termination. The Pennsylvania mini-COBRA law allows individuals who have an involuntary termination of employment between the effective date of the new law and December 31, 2009, and who qualify, to take advantage of the 65 percent subsidy (H. 1089, L. 2009, effective July 10, 2009, at PA ¶39-4200).

Health Insurance Benefit Coverage Law

Insurers offering group health insurance under which coverage of a child would otherwise terminate at a specified age may, at the policyholder's option, provide coverage to a child of an insured employee beyond that specified age, up through and including the age of 29. Eligible children include those who are not married, who have no dependents, who are either residents of Pennsylvania or enrolled full-time in institutions of higher education, and who are not provided coverage under another group or individual health insurance policy or enrolled in or entitled to benefits under any government health care benefits program. Extended coverage is provided at the insured employees' expense, and insurers may determine premium increases related to continued coverage for adult dependents past the limiting age of 19. The law applies to new contracts and contract renewals occurring after December 7, 2009 (Act No. 2009-4 (S. 189), L. 2009, enacted June 10, 2009, at PA ¶39-4000).

Family, Medical and Parental Leaves Law

The state has amended its organ donation leave law to provide that the number of days a person may miss each year to donate their organs shall be counted in a calendar year instead of a fiscal year, effective June 2, 2009 (S. 345, L. 2009, at SC ¶42-7000).

Holiday and Vacation Law

The state has enacted a law establishing Christmas Eve as a legal holiday for state employees (S. 668, L. 2009, at SC ¶42-7400).

Organ Donation Leave-State Employment

The state has amended its organ donation leave law to provide that the number of days a person may miss each year to donate their organs shall be counted in a calendar year instead of a fiscal year. Title 8, Chapter 11, Section 8-11-65, as amended by Act 29 (S.B. 345), L. 2009, effective June 2, 2009. Para ¶42-22,952.01.

Breastfeeding Rights in Employment

Breastfeeding provisions permitting a woman to breastfeed her child in any location where the mother and the child are authorized to be, enacted by H.B. 4347, L. 2005, effective May 2, 2006, were repealed and re-enacted by Act 361 (H.B. 4747), L. 2008. Title 63, Chapter 5, Article 1, Section 63-5-40, as enacted by Act 361 (H.B. 4747), L. 2008, effective June 16, 2008. Para ¶41-22,650.01.

Preemployment Inquiries Law

The state has amended its law relating to nursing homes and background checks for direct care employees (Ch. 384 (H. 93), L. 2009, at TN ¶44-9000).

COBRA Law

Texas has extended enrollment for its mini-COBRA protections. Individuals who became eligible for continuation coverage between September 1, 2008, and February 16, 2009, due to involuntary termination, and who did not previously elect coverage or whose elected continuation coverage lapsed or was cancelled, may elect coverage beginning on June 19, 2009. Eligible employees must receive notice from the employer or group policy administrator of their eligibility within 60 days of June 19, 2009, and must elect the coverage within 60 days of receiving notice. The coverage will last for an additional six months (S. 1771, L. 2009, at TX ¶45-4200).

Disability Law

The state has enacted a law providing that an employer may not use a qualification standard, test, or other selection criterion based on an individual's uncorrected vision unless it is consistent with business necessity and job-related for the position. Several new definitions have also been added to the disability law (H. 978, L. 2009, at TX ¶45-2600).

Fair Employment Practices Law

The state has amended its law relating to the collection and use of biometric identifiers. If a biometric identifier captured for a commercial purpose has been collected for security purposes by an employer, the purpose for collecting the identifier is presumed to expire on termination of the employment relationship (H. 3186, L. 2009, at TX ¶45-2500).

Overtime Pay Law

Effective September 1, 2009, a hospital cannot require a registered or vocational nurse to work mandatory overtime, and a nurse may refuse to work mandatory overtime, except in certain specified situations. Nurses may voluntarily work overtime. A hospital cannot use on-call time as a substitute for mandatory overtime. Exceptions apply in emergencies. Employers are prohibited from suspending, terminating, or otherwise disciplining or discriminating against a nurse who refuses to work mandatory overtime (S. 476, L. 2009, at TX ¶45-1100).

Preemployment Inquiries Law

The state has added a law relating to access to criminal history record information by the Office of the Attorney General (S. 1081, L. 2009), and has authorized the Department of State Health Services to obtain criminal history record information for certain applicants for employment (H. 2917, L. 2009). Additionally, the state has amended its Civil Practice and Remedies Code relating to the liability of in-home service companies and residential delivery companies for negligent hiring (S. 627, L. 2009) (TX ¶45-9000).

Wage Payment Law

The law relating to wage claims has been amended to provide that a claim for wages must be filed in a manner and on a form prescribed by the labor commission and must be verified by the employee. The methods in which an employee may file a claim have been expanded to include by faxing the claim or by any other method adopted by the commission by rule, in addition to existing methods of filing, in person or by mail (Ch. 97 (H. 762), L. 2009, effective September 1, 2009, at TX ¶45-1200).

Minimum Wage Law

The state minimum wage law has been amended to clarify that annual adjustments to the state minimum wage are not to result in a decrease in the minimum hourly wage rate. The law provides that each January 1, “the minimum wage rate shall be increased by five percent or the percentage increase of the Consumer Price Index, CPI-U, U.S. city average, not seasonally adjusted, or successor index, as calculated by the U.S. Department of Labor or successor agency for the 12 months preceding the previous September 1, whichever is smaller, but in no event shall the minimum wage be decreased. The minimum wage shall be rounded off to the nearest $0.01.” Currently, the minimum wage in Vermont is $8.06 per hour (H. 313, L. 2009, effective June 1, 2009, at VT ¶47-1000).

Smoking in the Workplace Law

The state has enacted a law prohibiting the use of lighted tobacco products in the workplace (Act 32 (S. 7), L. 2009, effective July 1, 2009, at VT ¶47-2700).

Garnishment Law

Regulations of the Virginia Department of Labor and Industry setting the method to calculate the maximum amount of disposable earnings that may be subject to garnishment have been amended to reflect the impact of the scheduled increase in the federal minimum wage rate to $7.25 per hour on July 24, 2009. For calculation of maximum garnishment amounts for ordinary debt on weekly earnings, nothing may be withheld for garnishment if the weekly disposable earnings are 40 times the federal minimum wage rate or less. If weekly disposable earnings exceed 40 times the federal minimum wage rate, the maximum amount that may be withheld for garnishment is either 25 percent of the weekly disposable earnings or the amount by which the weekly disposable earnings exceed 40 times the federal minimum wage rate, whichever is less, so long as the amount withheld does not reduce the weekly disposable earnings less than 40 times the federal minimum wage rate. Based on the federal minimum wage rate of $7.25 per hour, 40 times the federal minimum wage rate is $290. Therefore, effective July 24, 2009, if the weekly disposable earnings are less than or equal to $290, nothing may be withheld for garnishment (Title 16, Virginia Administrative Code, 16 VAC 15-21-30, amended effective July 24, 2009, at VA ¶48-5600).

Disability Law

The state has enacted a law providing that the Department of Personnel shall adopt rules that authorize state agencies to provide allowances to employees with sensory disabilities who must attend training necessary to attain a new service animal (Ch. 294 (H. 2328), L. 2009, at WA ¶49-2600).

Drugs in the Workplace Law

The West Virginia Alcohol and Drug Free Workplace Act has been amended. An exemption has been added for workers covered by U.S. Department of Transportation drug testing guidelines, and contractors will be required to provide an annual certified drug free workplace report to public authorities, among other changes (H. 2771, L. 2009, at WV ¶50-8600).

Fair Employment Act

The Act amended by S.B. 20, L. 2009, providing that an employee who has been discriminated against under the fair employment practices act, may bring an action in circuit court against an employer, labor organization, licensing agency, or employment agency to recover damages caused by an act of employment discrimination after the completion of an administrative proceeding, including judicial review, to become effective on the day after the publication of 2009-11 Biennial Budget Act, went into effective July 1. Title 13, Chapter 111, Subchapter II, Sections 111.39 and 111.397, as amended and enacted by S.B. 20, L. 2009, effective July 1, 2009. Paras 52-20,025.39 and 52-20,025.397.

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Family, Medical and Parental Leaves Law

Granting the Metropolitan Milwaukee Association of Commerce’s motion for a permanent injunction, Milwaukee County Circuit Court Judge Thomas Cooper held that the city’s paid sick-leave ordinance, which provided up to nine paid sick days per year based on the number of hours worked and the size of the business, was “invalidly enacted and unconstitutional.” While the court did not find the ordinance improperly enacted under state and federal preemption grounds, it determined that the ordinance’s reach “exceed[ed] its grasp,” as it was improperly enacted under Wisconsin’s Direct Legislation statute. The ballot question for the ordinance failed the statute’s requirement that it have “a concise statement of its nature” because of how it defined “employers within the city” and “sick leave.” The court also held that the ordinance’s provisions regarding relocation due to domestic or sexual violence or stalking and taking legal action to such matters were unconstitutional, as an invalid exercise of the city’s police powers. An appeal is expected (Metropolitan Milwaukee Assoc of Comm v City of Milwaukee, June 12, 2009, at WI ¶51-7000).

Health Insurance Benefit Coverage Law

Disability insurance policies and governmental self-insured heath plans must provide coverage for the cost of hearing aids and cochlear implants recommended by a physician or licensed audiologist for a covered child who is under 18 years of age and is certified as deaf or hearing impaired by a physician or licensed audiologist. Coverage is also required for related treatment, including procedures for implantation of cochlear devices. Hearing aid coverage is not required to exceed the cost of one hearing aid per ear per child, every three years. Coverage may be subject to cost-sharing provisions, limitations or exclusions (other than preexisting condition exclusions) that apply generally under the policy or plan (Act 14 (S. 27), L. 2009, effective January 1, 2010, at WI ¶51-4000).

Smoking in the Workplace Law

As previously reported, Governor Jim Doyle has signed legislation to make public places, including restaurants, taverns, and other indoor workplaces, smokefree. Senate Bill 181, a comprehensive smoking ban, prohibits smoking in workplaces in Wisconsin after July 5, 2010. Existing cigar bars and specialty tobacco shops are grandfathered in and are not required to abide by the ban, but cigar bars or specialty tobacco shops that open after the bill’s effective date will be required to be smokefree. Businesses can establish an outdoor smoking area that cannot be regulated by local governments. Thirty-seven Wisconsin communities have local smoking bans which will remain in place until the statewide ban takes effect (Office of the Governor Press Release, May 18, 2009) (WI ¶51-2700).