State Law Changes

June 9, 2010 Update

No Updates as of June 9, 2010

Disability Law

The state has amended its civil rights law with respect to disability discrimination. Definitions have been added, and the law now prohibits discrimination “on the basis of disability”. Prior law simply listed “disability” as a protected class (Ch. 304 (S. 1232), L. 2010, at AZ ¶3-2600).

Health Insurance Benefit Coverage Law

Arizona has enacted a “health care freedom” law stating that the federal Patient Protection and Affordable Care Act violates public policy. The law provides that every person in the state may choose (or decline to choose) any mode of securing lawful health care services without penalty or threat of penalty (Ch. 1 (S. 1001), L. 2010, enacted April 1, 2010, retroactively effective to March 22, 2010, at AZ ¶3-4000).

Military and Emergency Services Leave Law

Effective July 29, 2010, officers and employees of the state are authorized to take a leave of absence on all days during which they are employed on training duty by the National Disaster Medical System under the U.S. Department of Health and Human Services (Ch. 196 (H. 2540), L. 2010, enacted April 28, 2010, at AZ ¶3-7200).

Preemployment Inquiries Law

Legislation to revise Arizona's newly enacted immigration law was signed by Governor Jan Brewer on April 30, 2010. House Bill 2162 amends earlier enacted legislation, Senate Bill 1070, to address what some have called racial profiling and to clarify under what circumstances law enforcement could check a person's immigration status and who is authorized to make a determination of a person's immigration status. The amendment also reduces penalties for certain violations and makes technical corrections and other revisions. Both bills become effective on July 28, 2010 (State of Arizona, Office of the Governor, Press Release, April 30, 2010; H. 2162, L. 2010, at AZ ¶3-9000).

Minimum Wage Law

In a long-awaited decision, the California Supreme Court has ruled that seasonal agricultural workers who picked berries for the owner of a strawberry farming operation could not pursue their state law claim for unpaid wages against the produce merchants through whom the owner sold its strawberries (Martinez v Combs, May 20, 2010, Werdegar, K). The state high court held that, in actions under Labor Code Sec. 1194 to recover unpaid minimum wages, wage orders generally define the employment relationship and, thus, who may be liable (CA ¶5-1000).

Discrimination Based on Arrest Record Law—Topic Added

Private and public employers are prohibited to require an employee or prospective employee to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased nor deny employment to a prospective employee solely on the basis that the prospective employee had a prior arrest, criminal charge or conviction, the records of which have been erased. Also, a person will not be disqualified from employment by the state of Connecticut or any of its agencies, nor be disqualified to practice, pursue or engage in any occupation, trade, vocation, profession or business for which a license, permit, certificate or registration is required to be issued by the state of Connecticut or any of its agencies solely because of a prior conviction of a crime. This law is at Title 31, Chapter 557, Part II, Section 31-51i, as amended by P.A. 08-53, L. 2008, effective May 1, 2008. and Title 46a, Chapter 814c, Part II, Sections 46a-79 through 46a-81, as amended by P.A. 09-209 (S.B. 948), L. 2009, effective Oct. 1, 2009. Paras 7-23,500.01 and 7-23,500.21 through 7-23,500.23.

Health Insurance Benefit Coverage Law

Connecticut has modified language in some of its health benefit mandates, including those related to dental services, ostomies, work-related injuries, and treatment for leukemia and tumors (P.A. 10-5 (H. 5006), L. 2010, enacted May 5, 2010, effective January 1, 2011, at CT ¶7-4000).

The state has also amended the definition of “small employer” for purposes of its law on blue ribbon health care plans (P.A. 10-5 (H. 5006), L. 2010, enacted and effective May 5, 2010; and by P.A. 10-4 (H. 5002), L. 2010, enacted May 5, 2010, effective January 1, 2011, at CT ¶7-4000).

Small employers (and individuals) will be able to obtain information about available health insurance policies and health care plans through a new program called the “Connecticut Clearinghouse.” The program will be administered by the Health Reinsurance Association (P.A. 10-4 (H. 5002), L. 2010, enacted May 5, 2010, effective July 1, 2010, at CT ¶7-4000).

Unemployment Insurance Law

There is a fund balance tax of 1.4% for 2010. Accordingly, the minimum contribution rate for Connecticut employers is 1.9%, and the maximum contribution rate is 6.8%. The new employer rate for 2010 is 2.9% (CT ¶7-1700).

Workers’ Compensation Law

Implementing the recommendations of the Joint Enforcement Commission on Employee Misclassification, the legislature has provided statutory penalties for any employer who fails to pay workers' compensation assessments or Second Injury Fund assessments with the intent to defraud an insurance company or the state (P.A. 10-12 (H. 5204), L. 2010, effective October 1, 2010, at CT ¶7-4300).

Health Insurance Benefit Coverage Law

The District of Columbia has enacted emergency legislation requiring group health plans, individual health plans and health insurers offering coverage for dependent children to make such coverage available to dependents who are under 26 years of age, unmarried, and with no dependents of their own. Coverage for dependent children must be provided on the same terms as offered to other covered dependents (Act 384 (B. 743), L. 2009, enacted on an emergency basis April 29, 2010, applicable May 1, 2010, expires July 28, 2010, at ¶9-4000).

Unemployment Insurance Law

Rate Table V is in effect in the District of Columbia for 2010. Under this rate table, rates for positive-balance employers range from 1.6% to 4.2%, and rates for negative-balance employers range from 5.8% to 7.0%. Note also that the Administrative Assessment of 0.2% remains in effect this year as well (DC ¶9-1700).

Military and Emergency Services Leave Law

The state has enacted a law relating to provisions authorizing leave of absence for officers and employees of the state or counties, municipalities, or political subdivisions who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval service or who are members of the National Guard. Effective July 1, 2010, such officers and employees are entitled to 240 working hours rather than 17 working days of annual leave of absence without loss of time or efficiency rating. An obsolete provision calculating leaves of absence as measured in working days has also been removed (S. 464, L. 2010, at FL ¶10-7200).

Unemployment Insurance Law

For 2010, some contribution rate factors have changed. The minimum rate is 0.36%, and the maximum rate is 5.4%, except that employers participating in the short-time compensation program will be subject to a maximum rate of 6.4%. New employers pay 2.7% in 2010. The noncharge adjustment ratio is .0045, the excess payment adjustment factor is .0043, the gross benefit ratio is .0211, the fund balance adjustment factor is .0000, the multiplier is .4171, and the final adjustment ratio is .0036 (FL ¶10-1700).

COBRA Law

The state has revised eligibility for continuation coverage for assistance eligible individuals, as defined in the federal American Recovery and Reinvestment Act (ARRA), under certain group accident and sickness insurance plans. Also, a provision concerning rating and rerating of group premiums and claims for continuation of coverage has been eliminated, and a certain requirement concerning the issuance of notices to assistance eligible individuals by insurers has been revised (H. 1268, L. 2009, enacted May 20, 2010, at GA ¶11-4200).

Fair Employment Practices Law

The Georgia Security and Immigration Compliance Act has been amended to clarify certain provisions and requirements relating to public employers’ verification of employee work eligibility (S. 447, L. 2009, enacted May 20, 2010, effective July 1, 2010, at GA ¶11-2500).

Disability Law

The term “visually handicapped” was changed to “visually impaired” throughout the law (S. 1330, L. 2010, effective July 1, 2010, at ID ¶13-2600).

Discrimination of Blindness or Physical Disability Law

The term “visually handicapped” was changed to “visually impaired” throughout the law. Title 56, Chapter 7, Sections 56-701, 56-701A and 56-707, as amended by S.B. 1330, L. 2010, effective July 1, 2010. Paras 13-20,750.01, 13-20,750.02 and 13-20,750.04.

COBRA Law

On May 15, 2010, Illinois Governor Pat Quinn signed legislation into law that ensures unemployed small business workers in Illinois will receive continued COBRA health care insurance coverage and premium discounts provided under the federal American Recovery and Reinvestment Act (ARRA). The “mini-COBRA” law, S. 3004, applies to workers of companies with 19 or fewer employees. The law amends the Illinois Insurance Code to extend the duration of the insurance premium subsidy from 12 to 15 months. The law also extends the eligibility period for the insurance premium subsidy from December 31, 2009, to May 31, 2010, the end of the period set forth in the ARRA.

Under the ARRA, employees who lose their health insurance coverage because they lose their job on or before May 31, 2010, can receive a 65-percent premium reduction, for up to 15 months. The law also ensures that employees of small businesses will be eligible for the premium reduction for as long as the federal government makes it available under the ARRA (Governor's Office Press Release, May 15, 2010; P.A. 96-894 (S. 3004), L. 2009, enacted May 17, 2010, at IL ¶14-4200).

Employee Selection Procedures

The employee selection procedure guidelines adopted by the Iowa Civil Rights Commission were rescinded because the rules are outdated and do not conform to common procedure. References to federal regulations are also outdated and are not available to provide guidance in establishing and publishing new rules. 161 IAC Chapter 8, Sections 8.1 through 8.7, as rescinded and reserved effective June 9, 2010. Para 16-21,600.

Genetic Testing Law

The definition of “genetic testing” has been amended to conform with federal law (S. 2215, L. 2009, enacted April 23, 2010, effective July 1, 2010, at IA ¶16-8700).

Health Insurance Benefit Coverage Law

A new law in Iowa prohibits health insurers from discriminating against an individual (or family member) based on genetic information or genetic testing. Health insurers may not consider a genetic propensity, susceptibility or carrier status as a preexisting condition for purposes of limiting benefits, establishing rates or providing coverage, nor may they use genetic information or genetic testing for underwriting in the individual or group markets. Also, with certain exceptions, health insurers and third-party administrators may not release an individual’s genetic information without his or her prior written authorization for each disclosure (S. 2215, L. 2009, enacted April 23, 2010, effective July 1, 2010, at IA ¶16-4000).

Holiday and Vacation Law

Each employer in the state will be required to provide a veteran employee with holiday time off for Veterans Day, November 11 (H. 2197, L. 2009, enacted April 27, 2010, at IA ¶16-7400).

Rules of Practice

Amendments were made to the address of the Commission and to modify sentence structure and grammar to improve the clarity of the administrative rules and to conform to current practice and procedure. The definitions to the Iowa Civil Rights Commission were amended to adopt the terms “electronic filing,” “electronic signature,” “written,” and “in writing” related to a new form of filing documents with the Commission. Also, mediation procedures before the Commission were clarified and may result in additional and expedited settlements. 161 IAC Chapters 1 through 3, Sections 1.1, 2.1(17) through 2.1(19), and 3.11, as adopted and amended effective June 9, 2010. Paras 16-20,125.01, 16-20,125.02, and 16-20,125.0310.

Rules of Practice

The Iowa Civil Rights Commission has amended its rules of practice to establish procedures for the E-filing of documents, clarify an existing procedure relating to the costs for copying documents, establish procedures for the filing of documents online via the case management system, and bring the rules into conformance with 2009 statutory changes. Effective June 9, 2010, if a complaint of discrimination is filed online via E-mail, the date of the filing is the date that document is received by the commission as recorded in the E-mail inbox of the commission staff person. However, if the submission is received after established office hours, the date of filing is the next day the commission offices are open for business. A submission received prior to office hours on a regular business day is deemed filed on that day. 161 IAC Chapters 3, Sections 3.5 and 3.6, as amended effective June 9, 2010. Paras 16-20,125, 16-20,125.0304 and 16-20,125.0305.

Rules of Practice

The rule pertaining to filing of complaints was amended to conform to 2008 legislative changes by implementing changes in policy governing the deadline for filing a complaint with the Civil Rights Commission to 300 days. Additional amendments were made to facilitate public understanding of the administrative rules by revision of complex sentence structure and through modifications to style and grammar throughout the rules. 161 IAC Chapter 3, Sections 3.3, 3.14 and 3.16, as amended effective June 9, 2010. Paras 16-20,125, 16-20,125.0302, 16-20,125.0313 and 16-20,125.0315.

Sex Discrimination Guidelines

Rule 161—8.46(216) was rescinded, and its content is adopted in a new preamble that is applicable to the entire chapter. Also, the rule pertaining to bona fide occupational qualification exceptions as to sex was amended to facilitate public access to the administrative rules by clarifying the language through modifications to style and grammar. 161 IAC Chapter 8, Sections 8.46 and 8.47, as rescinded, reserved and amended effective June 9, 2010. Paras 16-20,400.01 and 16-20,400.02.

Health Insurance Benefit Coverage Law

Kentucky has amended its health insurance mandate for autism coverage to provide separate requirements for large group health plans, versus individual and small group health plans (Act 150 (H. 159), L. 2010, enacted April 13, 2010, effective January 1, 2011, at KY ¶18-4000).

Health Insurance Benefit Coverage Law

Group health insurance plans, contracts and certificates must provide coverage for early intervention services to children, from birth to 36 months of age, with an identified developmental disability or delay as described in the federal Individuals with Disabilities Education Act. Services include those provided by licensed occupational therapists, physical therapists, speech-language pathologists or clinical social workers. A referral from the child’s primary care provider is required; coverage may be limited to $3,200 per year per child; and maximum benefits, cost sharing and reasonable limitations may be imposed if not inconsistent with the law. HMOs are subject to these requirements as well (P.L. 634 (H. 313), L. 2009, enacted April 12, 2010, effective January 1, 2011, at ME ¶20-4000).

Individual and group health plans, issued or renewed on or after January 1, 2011, may not include provisions that terminate payment of additional claims after a defined maximum aggregate dollar amount of claims (on an annual, lifetime or other basis) has been paid. Exceptions will apply to health plans designed for part-time, temporary or seasonal employees; short-term coverage for employees fulfilling a waiting period; and certain individual health plans. Annual limits for specific benefits are not impacted (P.L. 588 (H. 1148), L. 2009, enacted April 1, 2010, at ME ¶20-4000).

Fair Employment Practices Law

An employer is prohibited from discharging an employee for participation in an activity of a civil air patrol, civil defense, volunteer fire department, or volunteer rescue squad if the activity is in response to an emergency declared by the governor and the employee provides written proof that his or her participation was required. Employers with 15 or more employees are prohibited from discharging or discriminating against an employee who has been employed for a minimum of 90 days and is a member of the Civil Air Patrol based on such membership. Employers may not hinder or prevent an employee who has been employed for a minimum of 90 days from performing service as part of the Maryland Wing of the Civil Air Patrol during an emergency mission if the member is otherwise entitled to such leave (Ch. 732 (H. 1323), L. 2010, enacted May 20, 2010, and effective October 1, 2010, at MD ¶21-2500).

Meal and Rest Periods Law

Maryland retail employers with 50 or more employees will be required to provide employees with break periods, effective March 1, 2011. Employers will be required to provide a 15-minute shift break to an employee who works a consecutive four-to six-hour shift. Employees working more than 6 hours must be given a 30-minute nonworking break. For a work shift of eight consecutive hours, employees must be provided with an additional 15-minute break for each additional four hours of work on that shift. If the employee’s shift does not exceed six consecutive hours, the 15-minute break may be waived by an employee-employer written agreement. Employees may be allowed to take a “working shift break” if mutually agreed to in writing and if the type of work prevents the employee from being relieved of his or her job or the employee is allowed to consume a meal while working and the break is counted towards the total hours worked. Employers who violate the law may be subject to a civil penalty of up to $300 for each affected employee and up to $600 for each affected employee for subsequent violations that occur within three years, plus additional penalties and civil relief for violations that occur after an order to enforce the law is issued. Exceptions from the law are provided (Ch. 612 (S. 789), L. 2010; and Ch. 613 (H. 1299), L. 2010, enacted May 20, 2010, and effective March 1, 2011, at MD ¶21-1400).

Military and Emergency Services Leave Law

New law has been enacted effective October 1 to establish a leave policy for members of the Civil Air Patrol. The law will apply to employers who employ more than 15 employees and require such employers to provide employees with no less than 15 days per calendar year of unpaid leave in order to respond to an emergency mission of the Maryland Wing of the Civil Air Patrol. Employees are to give their employers as much notice as possible of the intended beginning and end of such leaves. Employers may require verification of an employee's eligibility to take such leave. Employees returning from leave are to be restored to the same position held when the leave began or to a position with equivalent seniority status, benefits, pay and conditions of employment. An employer and employee may negotiate for the employer to pay for the benefits of the employee during the leave (Ch. 732 (H. 1323), L. 2010, enacted May 20, 2010, and effective October 1, 2010, at MD ¶21-7200).

Health Insurance Benefit Coverage Law

A new law in Minnesota will prohibit health plans that cover cancer chemotherapy treatment from requiring higher copayments, deductibles or coinsurance amounts for prescribed, orally administered anticancer medications than for covered intravenously administered or injected cancer medications. Compliance with the new law cannot be achieved by increasing copayments, deductibles or coinsurance for the intravenous drugs (Ch. 326 (S. 1761), L. 2009, enacted May 13, 2010, generally effective August 1, 2010, at MN ¶24-4000).

Voting Leave Law

Every employee who is eligible to vote in an election has the right to be absent from work for the time necessary to appear at the employee’s polling place, cast a ballot, and return to work on the day of that election, without penalty or deduction from salary or wages because of the absence. Prior law had limited time off to vote to the morning of election day (Ch. 201 (H. 3108), L. 2009, enacted April 1, 2010, at MN ¶24-7300).

New Hire Reporting Law

The repeal date for the state’s new hire reporting law has been extended to July 1, 2011 (H. 1756, L. 2010, at MS ¶25-1600).

Unemployment Insurance Law

For 2010, the general experience rate is 0.7%, the new employer rate is 2.7%, and total rates range from 0.7% to 5.4% (MS ¶25-1700).

Wage Payment Law

The New York State Department of Labor has issued an opinion letter stating that it is unlawful for employers to recoup overpayments made to employees via wage deductions, even if the employee specifically authorizes the deductions in writing and the weekly deductions do not total more than 10% of the weekly wages (New York Department of Labor Opinion Letter No. RO-09-152, January 21, 2010, at NY ¶33-1200).

Health Insurance Benefit Coverage Law

A new law in Oklahoma will help ensure equal access to health insurance benefits for children with autistic disorders. Individual and group health insurance policies providing medical and surgical benefits will be required to provide the same coverage and benefits to individuals under age 18 who have been diagnosed with an autistic disorder as provided to individuals that age without such diagnosis (S. 2045, L. 2009, enacted April 22, 2010, effective November 1, 2010, at OK ¶37-4000).

Preemployment Inquiries Law

Effective November 1, 2010, the list of persons who may not be hired or contracted by long term care facilities due to their criminal history will be expanded (S. 1289, L. 2009, enacted April 28, 2010, at OK ¶37-9000).

Recordkeeping/Posters Law

The Employment Security Act has been amended with respect to employer posting requirements. New language in the law specifies that required workplace unemployment posters shall be supplied by the Oklahoma Employment Security Commission to all Oklahoma employers through the Internet website of the commission, without cost to the employer. Prior law did not mention the website as a source (H. 2704, L. 2009, enacted May 6, 2010, at OK ¶37-9900).

Smoking in the Workplace Law

Effective November 1, 2010, the state will designate education facilities as nonsmoking as provided for in the Smoking in Public Places and Indoor Workplaces Act. Institutions within the State System of Higher Education will be authorized to be designated as tobacco free (H. 2748, L. 2009, enacted April 13, 2010, at OK ¶37-2700).

Fair Employment Practices Act

Oregon Governor Ted Kulongoski (D) has signed into law a bill (H. 3686) repealing a 1923 law prohibiting public school teachers in the state from wearing religious dress while engaged in the performance of their duties as teachers. In an April 1, 2010, letter to Secretary of State Kate Brown, the governor voiced his concern that school districts may interpret and apply the law differently. Under Ch. 105 (H.B. 3686), school districts are obligated to maintain a religiously neutral work environment with factors for determining whether reasonable accommodations require significant difficulty or expense. “There is a grey area at the intersection of the teacher’s right to practice his or her religion and the students’ right to be taught in a religiously neutral environment,” he said. Accordingly, the Bureau of Labor and Industries and Superintendent Susan Castillo of the Oregon Department of Education, in consultation with the interested parties, will develop and implement guidelines for the uniform application of the law, said Kulongoski. Title 51, Chapter 659A, Section 659A.033, as amended by Ch. 105 (H.B. 3686), L. 2010, effective July 1, 2011. Para 38-20,025.33.

Fair Employment Practices Act

Several 2009 laws were codified. Provisions regarding the accommodation of an employees engaging in religious observance of their religion, military service discrimination, clarification of the definition of “disability,” and the prohibition whistleblowing discrimination by employers were codified. Title 51, Chapter 659A, Sections 659A.033, as enacted by S.B. 786, L. 2009; 659A.082, as enacted by Ch. 378 (H.B. 3256), L. 1009; 659A.104, as enacted by Ch. 508 (S.B. 874), L. 2009 and 659A.199, as enacted H.B. 3162, L. 2009, effective Jan. 1, 2010. Paras 38-20,025.033, 38-20,025.082, 38-20,025.104 and 38-20,025.199.

Representative proposes immigration enforcement bill similar to Arizona’s new law

Immigration enforcement legislation similar to Arizona’s controversial law was introduced by Rhode Island Rep. Peter Palumbo (R), on May 18. House Bill 8142 proposes that for any lawful contact made by a state or local law enforcement official or law enforcement agency, where reasonable suspicion exists that a person is an alien unlawfully present in the United States, a reasonable attempt must be made to determine the immigration status of that person, except if the determination would hinder or obstruct an investigation. The proposed legislation would also provide that if a person is arrested, a determination of the person’s legal status must be made prior to the person being released. Immigration status is to be verified with the federal government, pursuant to the Immigration and Nationality Act. A law enforcement official, or agency, would not be permitted to solely consider race, color, or national origin in implementing the law, except to the extent permitted by the United States or Rhode Island Constitution.

The bill would also provide that a person would be presumed not to be an illegal alien if he or she provides to a law enforcement officer, or agency, any of the following: (1) a valid Rhode Island driver’s license. (2) a valid Rhode Island non-operating identification license. (3) a valid tribal enrollment card or other form of tribal identification. (4) if the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.

The legislation also makes it unlawful for an illegal alien to be in the United States to apply for work, solicit work in a public place, or perform work as an employee, or as an independent contractor, in Rhode Island. Employers would be prohibited from knowingly employing an unauthorized alien and violators would be required to terminate the unlawful employments, sign an affidavit of compliance, and would be subject to a three-year suspension, for a first offense, and would face revocation of all licenses held for failure to submit the affidavit or for a subsequent violation. The bill would also prohibit local governments from limiting or restricting enforcement of federal immigration laws. If enacted, the legislation will take effect upon passage.

Child Support Enforcement Law

The state’s uniform interstate family support act has been amended with respect to multiple income withholding orders for the same employee (H. 3647, L. 2009, enacted May 10, 2010, at TN ¶44-5500).

Health Insurance Benefit Coverage Law

Tennessee has updated the “standard reference compendia” for its mandate regarding off-label uses of drugs (Ch. 890 (S. 3625), L. 2009, enacted May 10, 2010, effective July 1, 2010, at TN ¶44-4000).

Wage Payment Law

In addition to payment by check or cash, employers in Tennessee may now also pay employees their wages via electronic automated fund transfer into an account in the name of the employee or by credit to a prepaid debit card from which the employee is able to withdraw or transfer funds. Employers that pay employees by means of a prepaid debit card must be able to insure that each employee has the ability to make at least one withdrawal or transfer from the prepaid debit card per pay period without cost to the employee for any amount contained on the card (H. 3095, L. 2009, enacted and effective May 3, 2010, at TN ¶44-1200).

Health Insurance Benefit Coverage Law

Utah insurers providing health benefit plans must offer at least one plan (in each market served) that provides coverage for prosthetics. At least one of the plans with prosthetic benefits must have a coinsurance rate, applicable to physical injury generally and to prosthetics, of 80 percent paid by the insurer and 20 percent paid by the insured, if the benefit is obtained through an approved provider. Coverage related to a microprocessor component may be limited to $30,000 per limb, every three years. Other cost-sharing provisions may be imposed if they are no less favorable than those applicable to physical illness generally. Also, if coverage is provided through a managed care plan, such as an HMO or PPO, the insured must have access to medically necessary clinical care, devices and technology from one or more prosthetic providers in the plan’s network (Ch. 360 (H. 66), L. 2010, effective May 10, 2010, at UT ¶46-4000).

Preemployment Inquiries Law

The state has enacted a law modifying provisions regarding criminal background checks for employees of, or volunteers at, school districts, charter schools, and private schools (H. 81, L. 2010, at UT ¶46-9000).

Wage Payment Law

Utah now allows employers to pay wages on paycards. Paycards are defined as stored value cards that can be used at an ATM-type machine to access wages that are credited to the card. The use of paycards are permitted so long as (1) the employee, in one transaction, is able to withdraw the full amount of earned wages without incurring a fee, (2) the full amount of wages for a pay period is available for the employee via the pay card on the applicable payday, and (3) the employer provides the employee, on each payday, a statement of deductions from the employee's gross wages, either in writing or electronically so long as the employee is able to access the information and print a paper copy of it, without cost (Labor Commission, Administrative Code R610-3-22. Payment of Wages Via Pay Cards, effective March 24, 2010, at UT ¶46-1200).

Garnishment Law

Virginia will exempt moneys paid into or out of, the assets of, and the income of, a health savings account from creditor process, and provide that such assets shall not be liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of the participant or beneficiary of the account (Ch. 595 (S. 163), L. 2010, at VA ¶48-5600).

Military and Emergency Services Leave Law

A member of the State National Guard called to state active duty by the Governor may continue his or her health care coverage, at the member's expense (Ch. 811 (S. 613), L. 2010, at VA ¶48-7200).

Preemployment Inquiries Law

Virginia will require home health care organizations to establish policies for maintaining a drug free work place, which may include drug testing of employees, and requires home health care organizations to report any positive result of any drug test to the health regulatory boards responsible for licensing, certifying, or registering the person to practice, if any (Ch. 415 (H. 708), L. 2010, at VA ¶48-9000).

AIDS-Based Discrimination Law

Employers are prohibited to solicit or require an HIV test as a condition of employment of any employee or prospective employee or affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. Any agreement by an employer or agent of the employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for taking an HIV test is prohibited. Chapter 103, Section 103.15, as amended by Act 209 (A.B. 659), L. 2009, effective May 6, 2010. Para 52-22,250.01.

Fair Employment Act

Wisconsin Governor Jim Doyle signed legislation on May 12 to prohibit employers from discriminating against employees who choose not to attend religious or political meetings held by their employers. Senate Bill 585, L. 2009, effective May 27, 2010, prohibits discrimination against an employee who declines to attend an employer-sponsored meeting or to participate in any communication with the employer or with an agent, representative, or designee of the employer, the primary purpose of which is to communicate the opinion of the employer about religious or political matters. However, it would not be considered employment discrimination for an employee to refuse to hire or employ an individual, to suspend or terminate employment, or to discriminate in promotion, in compensation, or in the terms, conditions, or privileges of employment, because the employee declines to attend a religious or political meeting or to participate in such communications, if: the employer is a religious association not organized for private profit or an organization or corporation that is primarily owned or controlled by such a religious association; is a political organization, including a political party or any other organization that engages, in substantial part, in political activities, and the primary purpose of the meeting or communication is to communicate the employer's political tenets or purposes; and the primary purpose of the meeting or communication is to communicate information about religious matters or political matters that the employer is required by law to communicate and no information is communicated about those matters beyond what is legally required. Title 13, Chapter 111, Subchapter 2, Sections 111.31, 111.32, 111.321, 111.322, and 111.365, as amended and enacted by Act 290 (S.B. 585), L. 2009, and effective May 27, 2010. Paras 52-20,025.31, 52-20,025.32, 52-20,025.321, 52-20,025.322 and 52-20,025.365.

Fair Employment Practices Law

Wisconsin Governor Jim Doyle signed legislation on May 12, 2010, to prohibit employers from discriminating against employees who choose not to attend religious or political meetings held by their employers. Senate Bill 585, L. 2009, effective May 27, 2010, prohibits discrimination against an employee who declines to attend an employer-sponsored meeting or to participate in any communication with the employer or with an agent, representative, or designee of the employer, the primary purpose of which is to communicate the opinion of the employer about religious or political matters. Exceptions apply for certain employers, such as religious associations and political organizations (State of Wisconsin Office of the Governor, Governor Jim Doyle, Press Release, May 12, 2010) (WI ¶51-2500).

Health Insurance Benefit Coverage Law

Wisconsin has enacted a law requiring disability insurance policies that cover any diagnostic or surgical procedures to cover colorectal cancer examinations and laboratory tests for insureds or enrollees who are 50 years of age or older as well as those under 50 who are at high risk. Coverage may be subject to limitations, exclusions or cost-sharing as generally applicable under the policy or plan (Act 346 (S. 163), L. 2009, enacted May 13, 2010, effective December 1, 2010, at WI ¶51-4000).

The state also amended its health insurance mandate for mental health and substance abuse benefits to reflect changes in federal law. Group health benefit plans or self-insured health plans that cover any inpatient hospital treatment or any outpatient treatment must provide such coverage for the treatment of nervous and mental disorders, alcoholism and other drug abuse problems. Limitations may be no more restrictive than the most common limitations applicable to substantially all other coverage under the plan. Small employers and those experiencing specified cost increases may be exempt (Act 218 (S. 362), L. 2009, enacted April 29, 2010, effective December 1, 2010, at WI ¶51-4000).

Minimum Wage Law

The state has enacted a law relating to compliance by employers with certain laws whose enforcement depends on the proper classification of persons as employees or nonemployees. There are penalties for noncompliance, including stop work orders. The law will take effect January 1, 2011 (Act 292 (S. 672), L. 2009, enacted May 12, 2010, at WI ¶51-1000).

Additionally, Wisconsin law has been amended to specifically include employers engaged in the painting or drywall finishing of buildings or other structures along with other employers who will face stiff fines if they willfully evade statutory requirements to properly classify workers (Act 288 (A. 929), L. 2009, enacted May 12, 2010, at WI ¶51-1000).