State Law Changes

June 20, 2009 Update

No Updates as of June 20, 2009

Drug Testing Law

Effective July 31, 2009, employers will be prohibited from requiring, as a condition of employment or continued employment, that an employee or applicant submit to or take a drug test unless the examination is provided at no cost. However, where an employee tests positive for illegal drugs, the employer and employee may agree in writing as to who will bear the cost of future required drug tests or screens. A copy of the examiner’s report of the examination must be furnished to the applicant or employee upon written request (Act 453 (H. 1587), L. 2009, at AR ¶4-8600).

Health Insurance Benefit Coverage Law

Arkansas has amended its mental health parity law to incorporate changes enacted by the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. Under the revised law, health benefit plans that provide benefits for the diagnosis and treatment of mental illnesses (including substance use disorders) must provide them under the same terms and conditions as benefits offered for the treatment of medical illnesses or conditions. In addition, plans providing both mental illness and medical benefits must cover mental illness benefits furnished by out-of-network providers, if they cover medical benefits furnished by out-of-network providers. If the revised parity requirements result in actual cost increases that exceed two percent in the first plan year or one percent in each subsequent plan year, health benefit plans may be exempt in the following plan year (Act 1193 (H. 2195), L. 2009, applicable on plan anniversary or start dates occurring on or after October 3, 2009, at AR ¶4-4000).

Military and Emergency Services Leave Law

The law relating to leaves of absence for elected officials called to active military duty has been amended to ensure that elected officials retain their office upon return from duty. State, county, county school, municipal and township officials, as well as others who hold an elective office in the state are to be granted a leave of absence from their respective offices and duties to perform active military service. Those who volunteer or who are called to active duty cannot be deemed to have forfeited their office during the military leave of absence, and are to be permitted to return to their office for the remainder of the term upon completion of active military duty (Act 775 (H. 1249), L. 2009, effective July 31, 2009, at AR ¶4-7200).

Unemployment Insurance Law

Arkansas has amended its Employment Security Law. Beginning with initial claims filed on July 1, 2009, and thereafter, if an individual lacks sufficient base period wages, an alternate base period will be substituted for the current base period. “Alternate base period” means the four completed calendar quarters immediately preceding the first day of that benefit year.

The law provides that the taxable wage base is $10,000 for 2004 through 2009, and $12,000 for 2010 and thereafter.

To be eligible for benefits, an individual must be unemployed, physically and mentally able to perform suitable work, and available for work. The law further provides that mere registration and reporting at a local employment office are not to be considered conclusive evidence of ability to work, availability for work or willingness to work. The claimant must, in addition, do those things which a reasonably prudent individual would be expected to do to secure work. Part-time work will be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility is from full-time work.

An individual who is discharged from his or her last job for misconduct in connection with work will be disqualified from receiving benefits for eight weeks of unemployment. However, for a discharge that occurs during the period of July 1, 2009, through June 30, 2011, the disqualification will continue until, subsequent to filing a claim, the claimant has had at least 30 days of employment covered by an unemployment compensation law of this state, another state or the United States.

An individual will not be disqualified from receiving benefits if, after making reasonable efforts to preserve his or her job rights, the individual left the last work (1) Due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification; (2) Because of illness, injury, pregnancy, or disability of the individual or a member of the individual’s immediate family. “Immediate family member” means a spouse, child, parent, brother, sister, grandchild or grandparent of the individual; (3) Due to domestic violence that causes the individual reasonably to believe that continued employment will jeopardize the safety of the individual or a member of the individual’s immediate family; or (4) To accompany his or her spouse because of a change in the location of the spouse’s employment that makes it impractical to commute (AR ¶4-1700).

COBRA Law

Assembly Bill 23, signed into law May 14, 2009, gives workers formerly employed by companies with fewer than 20 workers the opportunity to take advantage of a subsidy in the federal stimulus package that offers to help pay for health benefits they received on the job. People who were involuntarily terminated from their jobs between Sept. 1, 2008, and Dec. 31, 2009, could receive a 65 percent subsidy to continue their health coverage under COBRA. It also offers "second-chance" enrollment to those who were laid off between September 1, 2008, and today and who turned down the state continuation program, Cal-COBRA, or ceased participation due to non-payment of premiums. Health plan providers have 14 calendar days (or 7 days after the plan learns of the qualifying event, if later) to notify this group of the new chance to enroll. The individuals will have 60 days in which to enroll (A.B. 23, L. 2009, at CA ¶5-4200).

Marital Status Discrimination Law/Sexual Orientation Discrimination Law

The California Supreme Court has upheld Proposition 8, a November 4, 2008, voter’s referendum adding a section to the state constitution that bans same-sex marriage in the state. The court also unanimously held that the ban applies only prospectively, and does not affect the continued validity of marriages of same-sex couples that occurred before November 5, 2008, when the new constitutional provision took effect (Judicial Council of California News Release No. 29, May 26, 2009, at CA ¶5-3200 and CA ¶5-3100).

Health Insurance Benefit Coverage Law

State employee group benefit plans issued or renewed on or after July 1, 2010, will be required to include same-sex domestic partners as dependents eligible for coverage under such plans (S. 88, L. 2009, at CO ¶6-4000).

Group health benefit plans must provide coverage for routine patient care received during a clinical trial if the items and services would be covered plan benefits outside a clinical trial. Certain exclusions apply, such as expenses paid for by the government or the medical industry. The physician providing services under the health benefit contract must recommend an individual's participation based on potential therapeutic health benefits, and the clinical trial must meet specific standards of approval (H. 1059, L. 2009, enacted May 2, 2009, applicable to policies, contracts and certificates of insurance issued or renewed on or after 91 days following final adjournment of the state legislature, at CO ¶6-4000).

Carriers providing small group health plans may offer incentives and rewards to encourage voluntary participation in wellness and prevention programs. The incentives and rewards must be reasonably related to the program and tied to participation, rather than particular results from such participation. A covered person's information, obtained in connection with program participation, may not be disclosed to a third party (including the employer) without the individual's consent. Also, small employers that make wellness and prevention programs available through their group plans may not make participation or disclosure of participation a condition of employment (H. 1012, L. 2009, effective July 1, 2009, at CO ¶6-4000).

Colorado has amended its law requiring mandatory health coverage for early intervention services. The amendment: (1) provides that the annual limit on required coverage will be adjusted annually based on the increase in the Consumer Price Index or, if greater, the increase in the base rate for state-funded early intervention services; (2) creates an exception to the annual limit for early intervention services for rehabilitative or therapeutic services that are necessary as a result of post-surgery rehabilitation; and (3) prohibits insurers from terminating or failing to renew health coverage because an eligible child has accessed, or will access, early intervention services. The law, which took effect upon enactment, also streamlines administration of the coordinated system of payment between state and federal funds and private health insurance plans for early intervention services (H. 1237, L. 2009, enacted and effective May 2, 2009, at CO ¶6-4000).

Military and Emergency Services Leave Law

The state has enacted a law allowing leave from public employment for an employee who is a qualified volunteer performing emergency volunteer service so long as the employee returns to work the next scheduled work day following the completion of volunteer service or notifies the public employer of an injury or circumstance beyond the employee's control prior to the next scheduled work day. Leave covered by this law includes leave granted for American Red Cross volunteers, civil air patrol, the National Guard and military reserves, and civil defense workers (H. 1315, L. 2009, at CO ¶6-7200).

Parental Involvement in K-12 Education Act—Topic added.

Employers who employ at least 10 employees in this state are required to permit employees to take unpaid leave for the purpose of attending parent-teacher conferences or other academic activities related to the educational advancement of the employee's child. Employees may take up to 6 hours per month and 40 hours in any academic year in 3-hour increments. Employees are required to give employers at least one week’s notice prior to the activity and provide written verification from the school. Title 8, Article 13.3, Sections 8-13.3-101 through 8-13.3-104, as enacted by H.B. 1057, L. 2009, effective Aug. 5, 2009. Paras ¶6-22,550.01 through ¶6-22.550.04.

Wage Payment Law

Effective August 5, 2009, an employer will be subject to a penalty of up to $50 per day for failure to pay wages if, two or more times within any 24-month period, the employer causes an employee’s check, draft or order not to be paid because the employer’s bank does not honor an employee’s paycheck upon presentment. Also, in a court action to recover damages, if notice of nonpayment upon presentment of the check, draft or order has been given and the total amount due in the notice has not been paid within 15 days afterwards, the person is liable to the holder or any assignee for collection for three times the face amount of the check, but not less than $100, and, with regard to a paycheck, actual damages caused by the nonpayment, including associated fees (H. 1108, L. 2009, at CO ¶6-1200).

Family, Medical and Parental Leaves Law

Mirroring some of the provisions that were implemented in the revised federal Family and Medical Leave Act regulations that took effect on January 16, 2009, Connecticut Governor M. Jodi Rell (R) signed into law a bill (Pub Act No 09-70/S. 710) on May 27, 2009, amending the state’s family and medical leave act to provide new leave entitlements to employees with family members in the military. The law took effect upon her signing.

The law permits an employee to take up to 26 weeks of unpaid leave from work under the Connecticut Family and Medical Leave Act to care for an immediate family member or next of kin who is a current member of the U.S. armed forces, National Guard or the military reserves who is: (1) undergoing medical treatment, recuperation, or therapy; (2) otherwise in outpatient status; or (3) on the temporary disability retired list for a serious injury or illness (CT ¶7-7000).

Family and Medical Leave

Connecticut Governor M. Jodi Rell (R) signed into law a bill (Pub Act No 09-70/S.B. 710) amending the state’s family and medical leave act to provide new leave entitlements to employees with family members in the military. The law permits an employee to take up to 26 weeks of unpaid leave from work under the Connecticut Family and Medical Act (FML) to care for an immediate family member or next of kin who is a current member of the US armed forces, National Guard or the military reserves who is: (1) undergoing medical treatment, recuperation, or therapy; (2) otherwise in outpatient status; or (3) on the temporary disability retired list for a serious injury or illness. Title 31, Chapter 557, Sections 31-51ll and 31-51mm, amended by P.A. 09-70 (S.B. 710), L. 2009, effective May 27, 2009. Paras ¶7-22.450.02 and ¶7-22.450.03.

Family and Medical Leave-State Employment

Each permanent employee, who is the spouse, son or daughter, parent or next of kin of a current member of the armed forces, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty, shall be entitled to a one-time benefit of twenty-six workweeks of leave within a single two-year period for each armed forces member per serious injury or illness incurred in the line of duty. Title 5, Chapter 67, Section 5-248a, as amended by P.A. 09-70 (S.B. 710), L. 2009, effective May 27, 2009. Para ¶7-22.451.017-22,451.01.

COBRA Law

Georgia has enacted legislation to provide a federal COBRA subsidy extended election period under the state’s mini-COBRA health care continuation requirements. The election period is the period beginning May 5, 2009 (the effective date of the legislation) and ending 60 days after the eligible individual has received the applicable notice from the employer’s insurer. Note that the period of continuous eligibility may not exceed the later of (1) nine policy months from the month of the qualifying event that made the individual an assistance eligible individual or (2) the date of the election (S. 94, L. 2009, effective May 5, 2009, at GA ¶11-4200).

Employment of Aliens-Public Employment Law

The state has amended its immigration law to provide that a public employer shall permanently post the employer's federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer's website. Also, the law will require contractors for public bids to verify information of all newly hired employees or subcontractors. Title 13, Chapter 10, Article 3, Section 13-10-91, as amended by Act 339 (H.B. 2), L. 2009, effective Jan. 1, 2010. Para ¶11-24.050.0211-24,050.02.

Fair Employment Practices Law

The state has amended its immigration law to provide that a public employer shall permanently post the employer's federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer's website. Also, the law will require contractors for public bids to verify information of all newly hired employees or subcontractors. The law takes effect January 1, 2010 (H. 2, L. 2009, at GA ¶11-2500).

Recordkeeping/Posters Law

Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by the state's family leave law in a form prescribed by the Director of Labor and Industries in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment (H. 319, L. 2009, at HI ¶12-9900).

Military and Emergency Services Leave Law

The law providing up to 120 hours of military leave of absence annually for state officers and employees who are members of the national guard or who are reservists in the U.S. Armed Forces has been amended to adjust military leave entitlement for those assigned to “uncommon tours of duty”, to prorate such leave proportionately to the number of hours in their regularly scheduled biweekly pay period. Administration of such leave is to be consistent with the federal office of personnel management (OPM) definitions and pay administration guidance for similarly situated employees (Ch. 44 (H. 132), L. 2009, effective July 1, 2009, at ID ¶13-7200).

No Updates as of June 20, 2009

Age Discrimination Law

Effective July 1, 2009, the state will increase to 75 years the maximum age for employment age discrimination claims (H. 1014, L. 2009, at IN ¶15-2800).

Disability Law

The state has enacted a law providing that a person with a physical or mental disability is entitled to be accompanied by a service animal in any public accommodation without an extra charge. The law also expands the definition of “public accommodation” to include various educational entities, and provides that an employer, employment agency, labor organization, or joint labor-management committee must allow an employee with a disability to keep a service animal, including an autism service animal (H. 1603, L. 2009, effective July 1, 2009, at IN ¶15-2600).

Discrimination on Account of Age Law

The state has increased the maximum age for employment age discrimination claims to 75 years of age. Also, any provision in any contract, agreement, or understanding entered into after June 30, 2009, that prevents or tends to prevent the employment of any person who has attained 40 years of age and has not attained 75 years of age solely because of the person's age is null and void. Title 22, Article 9, Chapter 2, Sections 22-9-2-1 through 22-9-2-4, 22-9-2-9 and 22-9-2-11, as amended and repealed by H.B. 1014, L. 2009, effective July 1, 2009. Paras ¶15-20,650.01 through ¶15-20,650.04, ¶15-22,650.09 and ¶15-22,650.11.

Discrimination Against Persons with a Disability Law

An employer is prohibited from refusing to permit an employee with a disability to keep a service animal with the employee at all times in the place of employment. Also, employers may not interfere, directly or indirectly, with the use of an animal that has been or is being specially trained as a service animal. Title 22, Article 9, Chapter 5, Sections 22-9-5-9.5 and 22-9-5-20, as enacted and amended by H.B. 1603, L. 2009, effective July 1, 2009. Paras ¶15-20,750.095 and ¶15-20,750.20.

Family, Medical, and Parental Leaves Law

The state has amended its family military leave law to redefine the “child,” “grandparent,” “parent,” and “sibling.” Also, effective July 1, 2009, an employee who is the child of a person who is ordered to active duty will be entitled to an unpaid leave of absence before, during and after the active duty period each calendar work year not to exceed 10 working days (S. 356, L. 2009, effective July 1, 2009, at IN ¶15-7000).

Health Insurance Benefit Coverage Law

Policies of accident and sickness insurance, as well as HMO contracts, that cover both orally administered cancer chemotherapy and intravenously administered (or injectable) cancer chemotherapy may not impose less favorable dollar limits, copayments or coinsurance provisions on the orally administered medication than those applicable to the intravenously administered (or injectable) medication. The requirement applies to policies and contracts issued, delivered, amended or renewed after December 31, 2009 (S. 437, L. 2009, effective July 1, 2009, at IN ¶15-4000).

Military and Emergency Services Leave Law

The state has amended its family military leave law to redefine the terms “child,” “grandparent,” “parent,” and “sibling.” Also, effective July 1, 2009, an employee who is the child of a person who is ordered to active duty will be entitled to an unpaid leave of absence before, during and after the active duty period each calendar work year not to exceed 10 working days (S. 356, L. 2009, effective July 1, 2009, at IN ¶15-7200).

Public and private employees who are volunteer firefighters or volunteer emergency medical services members are protected from discipline when absent from employment due to a response to a fire or emergency call. The law has also been amended to protect such employees from discipline when they are injured or absent due to injury that occurs while they are engaged in such emergency firefighting or other emergency response, for a period of time that does not exceed six months from the date of injury (H. 1205, L. 2009, effective July 1, 2009, at IN ¶15-7200).

Minimum Wage Law

Effective July 1, 2009, every employer subject to the provisions of Indiana's minimum wage law or to any rule or order issued under the law shall post in a conspicuous place in the area where employees are employed a single page poster providing employees notice of the following information: the current Indiana minimum wage; an employee's basic rights under Indiana's minimum wage law; and contact information to inform an employee how to obtain additional information from or to direct questions or complaints to the Indiana Department of Labor (S. 465, L. 2009, at IN ¶15-1000).

COBRA Law

As previously reported, while the American Recovery and Reinvestment Act of 2009 extended availability of the 65% premium subsidy to those covered under state continuation plans, it did not make those individuals covered by state laws eligible for an extended election period. Kansas has enacted legislation to provide that those otherwise eligible for the federal premium subsidy have an extended period in which to elect coverage under Kansas’ law. The Kansas law adopts ARRA’s notice and election requirements, except that it specifies that individuals electing coverage pay the subsidized premium to the insurer. As under federal law, nine months of subsidized coverage is available. The subsidy provisions expire on January 1, 2011 (H. 2052, enacted April 13, 2009, effective upon publication in Kansas register, at KS ¶17-4200).

No Updates as of June 20, 2009

Breastfeeding Rights in Employment—Topic added.

Private and public employers shall provide adequate unpaid break time or permit an employee to use paid break time or meal time each day to express breast milk for her nursing child for up to three years following childbirth. The employer shall make reasonable efforts to provide a clean room or other location, other than a bathroom, where an employee may express breast milk in privacy. An employer may not discriminate in any way against an employee who chooses to express breast milk in the workplace. Title 26, Chapter 7, Subchapter 1-A, Section 604, as enacted by Ch. 84 (H. 280), L. 2009, effective 91 days after the adjournment of the legislature. Para ¶20-22,650.01.

Drug Testing Law

The state has enacted a law providing that employers using substance abuse testing may use tests that have been recognized by the federal Food and Drug Administration as accurate and reliable through a clearance or approval process. The law directs the use of that agency's cleared or approved cutoff levels and procedures if the Department of Health and Human Services cutoff levels or procedures do not exist for the particular test (Ch. 133 (S. 209), L. 2009, at ME ¶20-8600).

Fair Employment Practices Law

Employer liability is established for hostile environment coworker sexual harassment cases brought under the Maine Human Rights Act by a showing that “the employer knew or should have known of the charged sexual harassment and failed to take immediate and appropriate corrective action,” the Maine Supreme Judicial Court has ruled, addressing the issue for the first time. The court noted that this standard has already been adopted by the Maine Human Rights Commission and is consistent with that used by the EEOC in interpreting Title VII cases. An employee presented evidence to show that a coworker subjected her to a pattern of harassment that included offensive and derogatory names, hugging and kissing, and verbal and physical threats and intimidation. This alleged harassment was sufficiently severe as to alter the employee’s work environment, as demonstrated by management’s requirement that she had to be accompanied by another coworker in the break room and whenever she would be in close proximity to the alleged harasser. Reversing a lower court’s grant of summary judgment to the employer, the Maine Supreme Judicial Court determined that factual issues existed as to whether the employer took immediate and appropriate corrective action (Watt v Unifirst Corp, May 5, 2009, at ME ¶20-2500).

Marital Status Discrimination Law

Maine Governor John E. Baldacci has signed into law Ch. 82 (S. 384), An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom. “In the past, I opposed gay marriage while supporting the idea of civil unions,” Governor Baldacci said. “I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.” Maine joins Vermont, Iowa, Massachusetts and Connecticut as the states that allow same-sex marriages (Governor's Press Release, May 6, 2009, at ME ¶20-3200).

Meal and Rest Period Law

An employer shall provide adequate unpaid break time or permit an employee to use paid break time or meal time each day to express breast milk for her nursing child for up to three years following childbirth. The employer shall make reasonable efforts to provide a clean room or other location where an employee may express breast milk in privacy. An employer may not discriminate against an employee who chooses to express breast milk in the workplace (Ch. 84 (H. 280), L. 2009, effective 90 days after the adjournment of the Maine legislature, at ME ¶20-1400).

Minimum Wage Law

The minimum wage law in Maine has been amended to clarify the exemption for summer camp counselors working at day camps. Counselors, junior counselors and counselors-in-training at organized camps licensed under Title 22, Section 2495, and employees of organized camps and similar seasonal recreation programs not requiring such licensure that are operated as or by nonprofit organizations who are under 18 years of age are exempt (S. 260, L. 2009, effective May 11, 2009, at ME ¶20-1000).

COBRA Law

As previously reported, Maryland has enacted legislation to provide a federal COBRA subsidy extended election period under the state’s mini-COBRA health care continuation requirements for employers with two to 19 employees. This allows individuals terminated involuntarily from these employers to be eligible for the federal COBRA subsidy and pay only 35% of the required premium under the state’s mini-COBRA law (S. 84, L. 2009, enacted and effective March 30, 2009, at MD ¶21-4200).

Family, Medical and Parental Leaves Law

The state has amended its “flexible leave” (leave to care for an immediate family member who is ill) law so as to prohibit an employer from discharging, demoting, suspending, disciplining, or otherwise discriminating or threatening to take any such actions against an employee because he or she takes flexible leave, opposes an unlawful practice under the flexible leave law, or participates in an investigation, proceeding or hearing under the law (Ch. 560 (S. 562), L. 2009, effective May 19, 2009, at MD ¶21-7000).

Health Insurance Benefit Coverage Law

A new law in Maryland will require health insurers and nonprofit health service plans that provide benefits on an expense-incurred basis, as well as HMOs, to cover prosthetic devices, their components and repairs. Prosthetics coverage may not be subject to higher copayments or coninsurance than those applicable to primary care benefits; a separate annual or lifetime dollar maximum may not be imposed, other than one applicable to all covered benefits in the aggregate; and requirements for medical necessity or appropriateness may not be more restrictive than those established under the Medicare coverage database. The mandate applies to all policies, contracts and health benefit plans that are issued, delivered or renewed on or after October 1, 2009 (Ch. 243 (S. 341), L. 2009, enacted May 7, 2009, at MD ¶21-4000).

Minimum Wage Law

Effective July 1, 2009, the living wage rate for Montgomery County will be $12.95 per hour (MD ¶21-1000).

Overtime Pay Law

Maryland's statutes have been updated to change references to “mental retardation” to “intellectual disability.” In state overtime requirements affecting employees of non-hospital institutions, the law has been revised, effective October 1, 2009, to provide that overtime wages may be computed on the basis of each hour over 48 that an employee works during one workweek for an employee of an institution that is not a hospital but is engaged primarily in the care of individuals who (1) are aged, “intellectually disabled”, or sick or have a mental disorder; and (2) reside at the institution (Ch. 119 (H. 20), L. 2009, effective October 1, 2009, at MD ¶21-1100).

Whistleblower Protection Law

The state has enacted a law for the purpose of establishing that information obtained during investigations of complaints conducted under the Maryland Whistleblower Law is confidential (Ch. 359 (S. 81), L. 2009, effective October 1, 2009, at MD ¶21-3600).

COBRA Law

Minnesota has authorized a limited extension of its continuation coverage election period for assistance eligible individuals as defined in the American Recovery and Reinvestment Act of 2009, ending 60 days after ARRA-acceptable notification is provided to the individual. Any continuation coverage elected during the extended election period begins with the first period of coverage beginning on or after February 17, 2009, and does not extend beyond 18 months from the earliest date continuation could have been effective if the coverage had been elected when the individual was initially eligible for continuation coverage (H. 1904, L. 2009, effective May 5, 2009). The state also will provide an additional 35 percent premium subsidy to assistance eligible individuals (H. 1362, L. 2009, effective May 14, 2009) (MN ¶24-4200).

Health Insurance Benefit Coverage Law

A new law in Minnesota will require group health policies, subscriber contracts and HMO contracts that cover benefits for physician-provided acupuncture services to include the treatment and services of a licensed acupuncture practitioner to the extent they are within the scope of acupuncture practitioner licensure. The intent of the law is to provide equal access to benefits for insureds, subscribers and enrollees who choose to obtain treatment directly from a licensed acupuncture practitioner (Ch. 2009-45 (S. 245), L. 2009, effective August 1, 2009, at MN ¶24-4000).

Military and Emergency Services Leave Law

The state has enacted a law clarifying the circumstances under which pay differential applies for deployed National Guard and reserve members who are teachers (Ch. 84 (S. 1794), L. 2009, effective May 17, 2009, at MN ¶24-7200).

Minimum Wage Law

The Minnesota Fair Labor Standards Act is amended to include as authorized deductions from wages the cost of uniforms or clothing furnished on an ongoing basis by a licensed motor vehicle dealer, not to exceed the lesser of 50 percent of the dealer’s reasonable expense or $25 per month, including nonhome maintenance. This includes purchased or rented uniforms or specially designed clothing required by the employer, by the nature of the employment, or by statute as a condition of employment, which are not generally appropriate for use except in that employment. Deductions for uniforms and clothing cannot be made if to do so would reduce the wages below that of the minimum wage (Ch. 69 (S. 1431), L. 2009, enacted May 12, 2009, and effective August 1, 2009, at MN ¶24-1000).

Health Insurance Benefit Coverage Law

A new law in Montana requires group disability policies, certificates of insurance and membership contracts to cover the diagnosis and treatment of autism spectrum disorders for covered children 18 years of age or younger. Coverage must include habilitative or rehabilitative care, medications, psychiatric or psychological care, and therapeutic care. Annual benefits may be limited to a maximum of $50,000 for a child eight years of age or younger, or $20,000 for a child nine years of age through 18 years of age. Special deductibles, coinsurance, copayments or other limitations may not be imposed on autism coverage (Ch. 359 (S. 234), L. 2009, effective January 1, 2010, at MT ¶27-4000).

Health Insurance Benefit Coverage Law

Effective January 1, 2010, if a child's health coverage would terminate because he or she ceases to be a dependent or full-time student or attains the plan-specified age at which coverage ends, a health benefit plan must give the insured the option to continue coverage for the child through the end of the month in which the child: (1) marries; (2) ceases to be a state resident, unless under 19 years of age or enrolled full-time in any college, university or trade school; (3) receives coverage under another health plan; or (4) attains 30 years of age. The health benefit plan may require a written election from the insured and an additional premium for the child. The additional premium may not vary based on the child's health status and may not exceed the amount the plan would receive for a single adult. Employers are not required to contribute to the additional premium (L.B. 551, L. 2009, enacted May 13, 2009, at NE ¶28-4000).

COBRA Law

In recognition that some employees may have declined the right to obtain COBRA or state continuation coverage based on financial considerations, the ARRA extends the election period for those who declined COBRA coverage by creating a second election period. See NH ¶30-4200.

Family and Medical Leave Rules

An employee may elect, or an agency may require the employee, to substitute any of the employee’s accrued annual leave, accrued sick leave, personal leave day, accrued compensatory time, or donated leave for any part of unpaid FMLA leave. Also, if a paid holiday occurs within a week of FMLA leave, the holiday is counted towards the FMLA entitlement. However, if an employee is using FMLA in increments less than one week, the holiday does not count against the employee’s FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday. Title 1, Chapter 7, Part 7, Section 1.7.7.12, as amended effective May 14, 2008. Para ¶32-22,500.02.

Family, Medical and Parental Leaves Law

The State Personnel Board amended 1.7.7 NMAC Section 12, effective May 14, 2009, at a meeting on April 17, 2009. Under the amendments, an employee may elect, or an agency may require the employee, to substitute any of the employee’s accrued annual leave, accrued sick leave, personal leave days, accrued compensatory time, or donated leave for any part of unpaid FMLA leave. Also, if a paid holiday occurs within a week of FMLA leave, the holiday is counted towards the FMLA entitlement. However, if an employee is using FMLA in increments less than one week, the holiday does not count against the employee’s FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday (NM ¶32-7000).

No Updates as of June 20, 2009

Equal Employment Opportunity-Public Employment (E.O. 14)

Executive Order No. 14 reestablishes equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, creed, national origin, sex, age or disabling condition. The order also requires the implementation of equal employment opportunity programs. The order rescinds Executive Order 5, and reads as signed May 7, 2009, effective immediately. Para ¶34-23,400.01.

Child Support Enforcement Law

The law relating to income withholding for child support has been amended to provide that if an income payer makes an error in the remittal information provided to the state disbursement unit, the income payer has not complied with the law and is responsible for the error but has a cause of action for reimbursement against any person that receives funds from the disbursement unit as a result of the error and refuses to return the funds upon request (H. 1329, L. 2009, effective August 1, 2009, at ND ¶35-5500).

COBRA Law

As previously reported, individuals without a state mini-COBRA election in effect as of February 17 (the date of the American Recovery and Reinvestment Act of 2009’s enactment) and eligible as “assistance eligible individuals” have an extended period in which to elect coverage under North Dakota’s law. The employer or the group policyholder must provide employees or members with written notice of the extended election period. This notice must be provided within 14 days of the effective date of the state legislation. The employee or member must then elect coverage, in writing, no later than 60 days after the date notice is provided. Notice of the extended election period need not be included in the certificate of coverage (which is normally required under the North Dakota mini-COBRA provisions) (H. 1010, signed May 4, 2009, and effective May 5, 2009, at ND ¶35-4200).

Whistleblower Protection Law

The whistleblower protection law for public employees has been amended. The Labor Department shall receive complaints of violations and may attempt to obtain voluntary compliance through informal advice, negotiation or conciliation. To receive assistance from the Labor Department, a person claiming to be aggrieved by a violation of the whistleblower protection law shall file a complaint with the department (S. 2267, L. 2009, at ND ¶35-3600).

COBRA Law

A new law will extend continuation coverage to more individuals. Coverage will be extended from 6 to 12 months for plans renewing on or after April 2, 2009. The requirement that an individual be entitled to unemployment compensation has been struck. In order to qualify, employees must still be involuntarily terminated (Sub. H.B. 2, enacted April 1, 2009, at OH ¶36-4200).

COBRA Law

Oklahoma has extended its standard continuation coverage duration from 30 to 63 days. Also, an insured employee or dependent whose group health insurance coverage is terminated due to the employee's involuntary termination from employment may elect continued coverage for four months following the employee's termination from employment (S. 553, L. 2009, effective May 18, 2009) (OK ¶37-4200).

Minimum Wage Law

Employers are required to post a notice or notices of the pertinent provisions of the Oklahoma Minimum Wage Act in a form as may be prescribed and furnished by the Commissioner. This law has been amended, effective November 1, 2009, to specify Commissioner of Labor and to change the size of the required posting from not less than 11 by 17 inches to not less than 8 1/2 by 11 inches in size. Such notice must be displayed in such a manner as to be accessible to all employees in each establishment under the control of the employer. The commissioner or his or her authorized representative may inspect the employer’s premises during business hours to determine if such notice has been properly posted (S. 527, L. 2009, effective November 1, 2009, at OK ¶37-1000).

Recordkeeping/Posters Law

Employer posting requirements have been amended, effective November 1, 2009. Employers will be required to post a notice or notices of the pertinent provisions of the Oklahoma Minimum Wage Act in a form as may be prescribed and furnished by the Commissioner of Labor. Such notice must be not less than 8 1/2 by 11 inches and must be displayed in such a manner as to be accessible to all employees in each establishment under the control of the employer. The Commissioner of Labor or a duly authorized representative may inspect the employer’s premises during business hours to determine if such notice has been properly posted (S. 527, L. 2009, at OK ¶37-9900).

Wage Payment Law

Effective November 1, 2009, if an employer pays an employee with a check that is returned because the bank upon which the check was drawn refuses to honor the check due to insufficient funds or a stop payment notice, the employer must reimburse the employee for any fees or costs incurred by the employee within 14 days of the employer's notice of the bank's refusal to honor the check (S. 527, L. 2009, at OK ¶37-1200).

COBRA Law

The state has enacted a law authorizing the Director of the Department of Consumer and Business Services to increase availability of state continuation of health care coverage for qualified persons whose employment has been terminated. This extended continuation coverage will sunset on January 2, 2012 (H. 2433, L. 2009, at OR ¶38-4200).

Health Insurance Benefit Coverage Law

Effective July 1, 2009, commonwealth employees enrolled in Pennsylvania Employees Benefit Trust Fund benefits and retirees enrolled in the Retired Employees Health Program may extend medical coverage to certified domestic partners (same sex and opposite sex) (PEBTF Press Release, April 18, 2009, at PA ¶39-4000).

COBRA Law

As previously reported, any individual otherwise qualified for Rhode Island mini-COBRA coverage on or after September 1, 2008, who declined to elect coverage within the normal time frame may elect to resume coverage no later than May 1, 2009. Coverage elected under the extended election provision would commence as of March 1, 2009 (H. 6099 and S. 843, enacted and effective April 2009, at RI ¶41-4200).

No Updates as of June 20, 2009

Discrimination Against Smoker Law

No employee shall be discharged or terminated solely for participating or engaging in the use of the product not regulated by the alcoholic beverage commission that is not otherwise proscribed by law if the employee participates or engages in the activity during times when the employee is not working. Title 50, Chapter 1, Part 2, Section 50-1-304, as amended by Ch. 161 (S.B. 682), L. 2009, effective May 7, 2009. Para ¶44-21,350.01.

Whistleblower Protection Law

Criminal Background Checks Law

The Texas Veterans Commission is entitled to obtain from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or another law enforcement agency criminal history record information maintained by the department, division, or agency that relates to a person who is an employee or an applicant for employment with the commission. Title 4, Subtitle B, Chapter 411, Subchapter F, Section 411.1211, as enacted by Ch. 67 (S.B. 2163), L. 2009, effective May 19, 2009. Para ¶45-23,601.032.

Preemployment Inquiries Law

The state has enacted a law relating to access to criminal history record information by the Texas Veterans Commission (S. 2163, L. 2009, at TX ¶45-9000).

Wage Payment Law

The state has amended its wage payment law with respect to jurisdiction over a wage claim filed after the deadline (S. 741, L. 2009, effective September 1, 2009, at TX ¶45-1200).

COBRA Law

As previously reported, Utah has lengthened the duration of and eased eligibility requirements for state mini-COBRA coverage. Insureds now have the right to extend coverage under the employer’s group policy for a period of 12 months (up from six months under prior law). Employees must have been continuously covered by a group policy for three months immediately prior to the termination of coverage (rather than six months, as was required under prior law). In addition, former employees who elect alternative coverage under Utah’s NetCare Plan are not eligible for mini-COBRA coverage.

Utah has also eased eligibility requirements for its state conversion coverage. Employees must have been continuously covered by a group policy for three months immediately prior to termination (rather than six months, as was required under prior law) (H. 188, L. 2009, enacted and effective March 11, 2009, at UT ¶46-4200).

Child Support Enforcement Law

Effective July 1, 2009, the Virginia Department of Social Services must transfer the National Medical Support Notice to employers within two business days following the date of entry in the state Directory of New Hires of an employee who is obligated to pay child support or to provide health care coverage. Employers must notify the Department promptly if the employment of a parent ordered to provide health care coverage is terminated in the same manner as required for income withholding pursuant to Section 20-79.3 (Ch. 713 (S. 1237), L. 2009, at VA ¶48-5500).

Family Leave Law

The terms “family member’’ and “spouse” was amended to include state registered domestic partners. Title 49, Chapter 49.78, Section 49.78.020, as amended by S.B. 5688, L. 2009, effective July 26, 2009. Para ¶50-22,450.11.

Family Leave Law

Governor Chris Gregoire signed legislation on May 18th that delays the implementation of the Family Leave Insurance program. Instead of beginning October 1, 2009, family leave insurance benefits will be payable to an individual during a period in which the individual is unable to perform his or her regular or customary work because he or she is on family leave beginning October 1, 2012. Title 49, Chapter 49.86, Sections 49.86.030, as amended by S.B. 6158, L. 2009, effective July 26, 2009. Para ¶50-22,451.03.

Family Military Leave Act

The provisions enacted b y S.B. 6447, L. 2007, effective June 12, 2008, were codified in the Revised Code of Washington at title 49, Chapter 49.77, Sections 49.77.010 through 49.77.030. Paras ¶50-22,452.01 through ¶50-22,452.03.

Family, Medical and Parental Leaves Law

The implementation of the family leave insurance program has been delayed to October 1, 2012 (S. 6158, L. 2009, at WA ¶49-7000).

Marital Status Discrimination Law/Sexual Orientation Discrimination Law

Washington Governor Chris Gregoire has signed legislation that expands rights of domestic partners. Senate Bill 5688 requires state agencies to ensure that all privileges, immunities, rights, benefits, or responsibilities granted to married individuals are granted to an individual who is or was in a state-registered domestic partnership (State of Washington Office of the Governor Press Release, May 18, 2009; S. 5688, L. 2009, at WA ¶49-3200 and WA ¶49-3100).

Gregoire also signed House Bill 1445, which allows domestic partners to receive the survivor and death benefits available to spouses from the Washington State Patrol Retirement System and House Bill 1616 to provide qualified domestic partners the same pension and Public Employees' Benefits Board reimbursement benefits available to spouses of members of Law Enforcement Officers' and Fire Fighters' Retirement System Plan 2. These include retirement and disability survivor benefits, military service credit benefits, and withdrawal and annuity benefits paid upon a member's death.

In 2007, Substitute Senate Bill 5336 created the state domestic partnership registry. The legislation allows individuals to enter into a state domestic partnership if they meet established criteria. Some of the powers and rights of spouses were granted to domestic partnerships in that legislation. The Legislature passed, and Gregoire signed, House Bill 3104 in 2008, which added additional rights and responsibilities relating to issues such as dissolutions, community property, estate planning, taxes, court process, conflicts of interest for public officials and guardianships.

Meal and Rest Periods Law

The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement is declared to be a civil right (H. 1596, L. 2009, at WA ¶49-1400).

Parental and Family Leave Rules

Two new types of leave were added to the existing rules. The first type is "military caregiver leave." This addition allows up to twenty-six weeks of leave for an eligible employee who is the spouse, child, parent, or next of kin of a covered service member. This leave is used to care for a covered service member who is suffering from a serious illness or injury arising from injuries incurred in the line of duty. Included in this addition, the definition of “next of kin” was clarified. The second is "exigency leave" which allows a fifth qualifying reason for the leave entitlement of twelve weeks of family medical leave due to a qualifying exigency arising from the fact that a spouse, child or parent of an employee is on active duty or has been notified of pending call to active duty in the National Guard or Reserves in support of a contingency operation. Title 357, Chapter 357-31, Section 357-31-525, as amended effective June 16, 2009. Para ¶50-22,501.14.

Preemployment Inquiries Law

The state has enacted a law requiring that a certified abstract of a driving record be furnished to an employer or prospective employer or volunteer organization, or an agent acting on behalf of an employer or prospective employer or volunteer organization, for employment purposes related to driving by an individual as a condition of that individual's employment (S. 5610, L. 2009, at WA ¶49-9000).

Wage Payment Law

The state has enacted a law regarding options for determining the pay periods for county employees. County legislative authorities may establish a weekly pay period for county officers and employees (H. 1461, L. 2009, at WA ¶49-1200).

Workers' Compensation Law

The Department of Labor and Industries will be authorized to issue stop work orders to employers for violations of certain workers' compensation provisions (S. 5613, L. 2009, at WA ¶49-4300).

COBRA Law

Individuals without a state mini-COBRA election in effect as of February 17 (the date of the American Recovery and Reinvestment Act of 2009’s enactment) and eligible as “assistance eligible individuals” have an extended period in which to elect coverage under West Virginia’s law. The West Virginia extended election period is available to those whose coverage was lost due to the involuntary termination of an employee of a “small employer” (an employer that had fewer than 20 employees during 50% or more of its typical business days in the previous calendar year). The election must be made no later than 60 days after notice is provided by the administrator of the group health plan (or other involved entity). Notice of the state extended election period must be provided prior to April 18, 2009 (60 days after ARRA’s date of enactment) (S. 552, L. 2009, enacted and effective April 16, 2009, at WV ¶50-4200).

Fair Employment Act

The Act was amended to provide that an employee who has been discriminated against under the fair employment, or the Department of Workforce Development (DWD), 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. If the circuit court finds that the defendant-employer has committed an act of discrimination, the court must order the defendant pay to the employee compensatory and punitive damages in an amount determined by the court. The law also applies to state and state agencies. Title 13, Chapter 111, Subchapter II, Sections 111.39 and 111.397, as amended and enacted by S.B. 20, L. 2009, effective on the day after publication of 2009-11 Biennial Budget Act. Paras 52-20,025.39 and 52-20,025.397.

Smoking in the Workplace Law

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).