State Law Changes

March 2, 2009 Update

No Updates as of March 2, 2009

Recordkeeping/Posters Law

The state’s minimum wage posters have been updated (AZ ¶3-9900).

Health Insurance Benefit Coverage Law

Effective January 1, 2010, health benefit plans in Arkansas must provide screenings for early detection of prostate cancer in men 40 years of age and older. Coverage must include at least one screening per year, and may not be subject to policy deductibles. Also, if a medical practitioner recommends a prostate specific antigen blood test, coverage may not be denied based on a previously negative digital rectal examination (Sec. 23-79-1303, as added by Act 75 (H. 1031) L. 2009, at AR ¶4-4000).

Maximum Hours Law

New law is enacted limiting the number of on-duty hours and requiring a certain number of off-duty hours for drivers of contract carriers who transport railroad employees with a vehicle designed or used to transport eight persons or less, including the driver. Drivers can not be on duty for more than 10 hours after eight consecutive hours off duty; 15 hours of combined on-duty time and drive time since last obtaining eight consecutive hours of off-duty time; or for more than 70 hours of on-duty time in a period of eight consecutive days. Contract carriers must keep accurate reports of drivers on-duty and off-duty time periods for at least six months (Act 243 (H. 1318), L. 2009, effective February 26, 2009, at AR ¶4-1300).

Drug Testing Law

A contract carrier that transports railroad employees with a vehicle designed or used to transport eight persons or less, including the driver, is subject to certain safety standards for its drivers, including mandatory drug and alcohol testing. Before any driver performs any duties for the contract carrier, the driver must undergo testing for alcohol and controlled substances as provided under federal regulations. A driver is disqualified to drive if the individual fails certain drug and alcohol testing requirements; refuses to provide a specimen for an alcohol test result or controlled substances test result or both; or submits an adulterated specimen, a dilute positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed. A common carrier or the employer must maintain records of the alcohol testing and controlled substances testing of drivers for a period of five years (Act 243 (H. 1318), L. 2009, effective February 16, 2009, at AR ¶4-8600).

Minimum Wage Law

The living wage rates for 2009 for the City of Sacramento are adjusted effective February 1. For employees of an employer who provides health benefits and the employer’s contribution is at least $1.60 for each hour of work, the covered employee’s minimum wage rate is $10.65 per hour. If health benefits are not provided or if health benefits are provided but the employer’s contribution is less than $1.60 for each hour of work, the covered employee’s minimum wage rate is $12.25 per hour. Each department with city contracts is required to give written notice of these rates to covered employers (Source: Undated Memorandum, issued by the City of Sacramento Department of General Services, Procurement Services Division Memorandum at CA ¶5-1000).

Overtime Pay Law

California law authorizes an employer to propose alternative workweek schedules that may be a single, standard work schedule or part of a menu of work schedule options offered to employees. Such work schedules must be adopted by at least two-thirds of the employees in a work unit by secret ballot election. Effective May 21, 2009, the two-thirds majority of affected employees needed to approve an alternative workweek schedule must be in a readily identifiable work unit, which is defined to include a division, department, job classification, shift, separate physical location or a recognized subdivision thereof; A work unit may consist of an individual employee as long as the criteria for an identifiable work unit is met. Employees will be able to move on a weekly basis from one work schedule to another on the adopted menu of work schedule options, which may include the regular work schedule of eight-hour days (with overtime for work beyond eight hours in a day, 40 hours in a week)(California Labor Code, Sec. 511(a), as amended by Ch. 3 (A. 5, 2nd Extraordinary Session), L. 2009, effective May 21, 2009, at CA ¶5-1100).

Note that the Ninth Circuit has withdrawn a November 2008 panel decision which held that nonresidents of California could sue for overtime claims under the California Labor Code for work performed within the state and could also make a state Unfair Competition Law (Sec. 17200) claim based on the labor code violations. Now the Ninth Circuit has asked California's high court to answer questions of California law: (1) Does the California Labor Code apply to overtime work performed in California for a California-based employer by out-of-state employees, such that overtime pay is required for work in excess of eight hours per day or in excess of forty hours per week? (2) If so, does the state's unfair competition law apply to this overtime work? (3) Does Sec. 17200 apply to overtime work performed outside California for a California-based employer by out-of-state plaintiffs if the employer failed to comply with the overtime provisions of the FLSA? (Sullivan v Oracle Corp, 9thCir, February 17, 2009) (CA ¶3-1100).

Recordkeeping/Posters Law

San Francisco’s minimum wage and minimum compensation ordinance posters have been updated, as has the Los Angeles County Living Wage Ordinance poster (CA ¶3-9900).

Minimum Wage Law

Workers covered under the living wage ordinance of the City of Denver (D.R.M.C. 20-80) must be paid a living wage. Covered employees are those employed by any contractor or subcontractor to the city, pursuant to a direct service contract with the City, engaged in the work of a parking lot attendant, security guard, or child care worker, at any public building or public parking facility owned by the city or clerical support worker. Effective February 1, 2009, the living wage rate for these workers is adjusted to $10.60 (Source: Memo, Robert Merritt, Prevailing Wage Supervisor, dated February 1, 2009) (CO ¶6-1000).

Recordkeeping/Posters Law

The state’s minimum wage posters have been updated (CO ¶6-9900).

Recordkeeping/Posters Law

The state’s minimum wage posters (English and Spanish) as well as mercantile and hospitality occupations wage order posters have been updated (CT ¶7-9900).

Violence in the Workplace Law

The District of Columbia requires that individuals obtain a license before carrying a pistol or any deadly or dangerous weapon capable of being concealed within the District, either openly or concealed on or about one's person, except in one's dwelling place, place of business, or on other land possessed by the individual (DC CodeAnn, Sec. 22-4504, as amended by Act 17-690 of L. 2008, enacted January 16, 2009). Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun (DC CodeAnn, Sec. 22-4504(a-1), as added by Act 17-690 of L. 2008, enacted January 16, 2009) (DC ¶9-3300).

Recordkeeping/Posters Law

Hawaii’s minimum wage/wage payment poster has been updated. (Also updated were the unemployment insurance, workers’ compensation/temporary disability, and safety posters). Added were posters for dislocated workers, employment discrimination, military leave, and whistleblower protection (HI ¶12-9900).

Recordkeeping/Posters Law

The state’s minimum wage posters (in English, Spanish, Polish, and Chinese) have been updated, as well as the Your Rights Under Illinois Employment Laws poster (IL ¶14-9900).

Smoking in the Workplace Law

Illinois has amended its Smoke Free Illinois Act. Under Section 10, “definitions,” a place of employment was amended to clarify that enclosed laboratories in a university or government facility, where smoking is exclusively conducted for the purpose of medical or scientific health-related research, were not considered a “place of employment.” The definition of "retail tobacco store" was also amended. Section 40, enforcement, was also amended to allow citations and fines to be issued pursuant to the Act. Exemptions were also amended, as was Section 45, “violations,” which stated the amount to be given to an owner found guilty of violating the Act (Public Act 95-1029 (S.B. 2757), Secs. 10, 15, 35, 40, 45, 50, and 60, as amended and effective March 2, 2009, at IL ¶14-2700).

Recordkeeping/Posters Law

Indiana’s minimum wage poster reflects 2008 and 2009 amounts (IN ¶15-9900).

Recordkeeping/Posters Law

Iowa’s minimum wage poster has been updated in English and Spanish, as has the EEO poster (IA ¶16-9900).

Minimum Wage Law

Under the City of Lawrence’s Tax Abatement Policy (Ordinance 7706), the wage floor hourly wage is adjusted annually based on an annual wage equal to 130 percent of the federal poverty threshold for a family of three. For 2009, this wage floor is adjusted to $11.44 per hour (Source: Memo, City of Lawrence, Department of Administrative Services, January 29, 2009) (KS ¶17-1000).

Recordkeeping/Posters Law

The wage and hour laws notice for Kentucky has been updated in English and Spanish (KY ¶18-9900).

No Updates as of March 2, 2009

Recordkeeping/Posters Law

English and Spanish versions of Maine’s minimum wage poster have been updated. The regulation of employment poster is also updated (ME ¶20-9900).

Minimum Wage Law

Certain contractors doing business with the City of Baltimore on service contracts covered by Ordinance 442 are required to pay employees a living wage, as determined at the time the contract is let. The current living wage rate of $9.93 per hour will increase to $10.19 per hour effective July 1, 2009. Adjustments are based on federal poverty guidelines (MD ¶21-1000).

Recordkeeping/Posters Law

The state’s wage and hour fact sheet has been updated (MD ¶21-9900).

Smoking in the Workplace Law

The Division of Labor and Industry of the Maryland Department of Labor, Licensing, and Regulation has adopted an amendment to Regulation .01 under COMAR 09.12.23, “Prohibition on Smoking in an Indoor Place of Employment,” effective February 9, 2009. Back in October 2007, the Commissioner of Labor and Industry prohibited smoking in a variety of indoor places of employment not normally open to the general public. Indoor place of employment had been defined to include a vehicle other than a private vehicle as used in Health-General Article, §24-505(1), Annotated Code of Maryland, when an employee uses it in the course of employment and it is occupied by more than one employee. The rule as adopted will prohibit smoking in a vehicle, other than a private vehicle, when an employee uses it in the course of employment, regardless of the number of employees in the vehicle. (MD ¶21-2700).

Recordkeeping/Posters Law

The state’s unemployment benefits information poster has been updated (MA ¶22-9900).

Minimum Wage Law

Certain contractors doing business with the City of Eastpointe must pay a living wage to all employees. The living wage rate for 2009 has been adjusted to $11.03 per hour where health benefits are provided, or $13.78 if the employee does not receive health care benefits. The living wage rate is updated annually, based on the U.S. Department of Health and Human Services Poverty Guidelines, published during the first quarter of the calendar year (Source: City of Eastpointe, Notice, February 2009) (MI ¶23-1000).

Living wage rates for the County of Ingham for part and full-time employees who work on county contracts are adjusted to $13.78 per hour for 2009. Living wage rates for the County, which are to be the equivalent of 125 percent of the federal poverty level, apply to vendors contracting with the County if (1) the total expenditure of the contract or total value of the contracts exceeds $50,000 in a 12-month calendar period and (2) the vendor employs five or more employees. Subcontractors providing services to the County who employ five or more employees and where the total value of the contract(s) exceed $25,000 are also required to pay the living wage (MI ¶23-1000).

Living wage rates for 2009 for the City of Lansing have been adjusted to $13.79 per hour. The City of Lansing Code of Ordinances, Chapter 206.24, defines living wage as the equivalent of 125 percent of the federal poverty guideline, adjusted annually and calculated based on 40 hours per week, 50 weeks per year. Costs paid by the employer for employee health care benefits may be counted towards up to one-fifth of the hourly rate payable to the employee. The living wage applies to employers contracting with the city for certain services and certain grantees receiving economic development assistance from the city (MI ¶23-1000).

Preemployment Inquiries Law

A nursing home, county medical care facility, hospice, hospital that provides swing bed services, home for the aged, home health agency, psychiatric facility, intermediate care facility for people with mental retardation, or adult foster care facility must incur all costs for performing employee criminal history checks. If the Department of State Police or the FBI charges a fee for conducting the initial criminal history check, the Department must pay the cost of the charge for a health facility or agency that is a home for the aged (Mich CompLaws, Sec. 333.20173a, as amended by P.A. 443 (H.B. 6056), L. 2008, effective January 1, 2009). Psychiatric facilities or intermediate care facilities for people with mental retardation will also incur costs related to employee background checks (Sec. 330.1134a, as amended by P.A. 445 (H.B. 6057), L. 2008, effective January 9, 2009).

If a substitute bus driver allows for it in writing, transfer of criminal background check information can be shared between school districts (As added by P.A. 583 (S.B. 1252), Sec. 1230a, enacted January 15, 2009).

Also, the state of Michigan entered into a compact for organizing an electronic information sharing system among the federal government and the states that will exchange criminal history records. (As added by P.A. 493 (S.B. 1413), L. 2008, and effective January 12, 2009). (All at MI ¶23-9000)

Recordkeeping/Posters Law

Michigan’s minimum wage law poster has been updated. Also updated is the child labor Informational Sheet: Youth Employment Standards in English and Spanish (MI ¶23-9900).

Health Insurance Benefit Coverage Law

For taxable years beginning after December 31, 2008, Minnesota employers must provide each employee with a statement showing the amount of health insurance premiums paid from a Section 125 plan for each month of the taxable year. The statement may be provided at the same time as the annual written statement of wages. The statement is for purposes of a health insurance premium tax credit for eligible individuals (Sec. 290.0678, as added by Ch. 2009-3 (S. 49), enacted February 20, 2009, at MN ¶24-4000).

No Updates as of March 2, 2009

Minimum Wage Law

Rules of the Missouri Department of Labor and Industrial Relations, Division of Labor Standards, pertaining to minimum wage are revised effective March 30, 2009, regarding minimum wages for tipped employees and subminimum wage rates for the physically and mentally impaired. The adopted amended rules incorporate federal Fair Labor Standards Act requirements by reference (Rules 8 CSR 30-4.010 through 30-4.060 are amended effective March 30, 2009, at MO ¶26-1000).

Effective April 1, 2009, the living wage rate for the City of St. Louis will increase to $11.33 per hour for employees of covered contracts, where health benefits are provided, and to $14.57 per hour where health benefits are not provided to employees. Wages required under Chapter 6.20 of the Revised Code of the City of St. Louis will increase to $3.24 per hour. Employers benefiting from certain taxpayer-funded contracts with the City of St. Louis or benefiting from multi-million dollar awards of taxpayer-funded financial assistance must pay their employees a living wage equal to 130% of the federal poverty guidelines for a family of three, in accordance with Ordinance No. 65597 (Source: City Compliance Official, DBE Program Office, Wage Adjustment Bulletin, dated February 14, 2009) (MO ¶26-1000).

Recordkeeping/Posters Law

The state minimum wage posters in English and Spanish have been updated. Also, the City of St. Louis living wage poster for 2009 is updated (MO ¶26-9900).

Recordkeeping/Posters Law

The state’s minimum wage poster has been updated for 2009(MT ¶27-9900).

Recordkeeping/Posters Law

The wage and hour Rules to be Observed by Employers poster is updated at NV ¶29-9900 .

Recordkeeping/Posters Law

New Hampshire’s minimum wage, independent contractor criteria, and whistleblower protection posters are updated at NH ¶30-9900.

Unemployment Insurance Law

A state unemployment compensation board of review rightfully concluded that a New Jersey hospital did not suffer "a stoppage of work" within the meaning of the state's unemployment compensation statute when 240 registered nurses went out on strike, a divided New Jersey supreme court held. Therefore, the 97 striking nurses who filed claims for unemployment benefits for the strike period were qualified to receive them. Under state law, a "stoppage of work" occurs when there is a "substantial curtailment of work due to a labor dispute." Here, however, the hospital hired replacement nurses and continued to function at full service for the duration of the strike; thus, there was no curtailment of work. (Lourdes Medical Center of Burlington County v Bd of Review, NJSCt, January 27, 2009, at NJ ¶31-1700).

Minimum Wage Law

The City of Santa Fe has readjusted its Living Wage downward from $9.92 to $9.85 per hour for the year 2009. In November 2008, the City of Santa Fe announced a Living Wage increase from $9.50 per hour to $9.92. The City of Santa Fe used the Consumer Price Index 12-month average from October to October. Now the city has recalculated the living wage based on the January to January numbers (NM ¶32-1000).

Minimum Wage Law

Effective January 1, 2009, the living wage rate for the City of Buffalo is $10.31 per hour for employees who are provided with health benefits or $11.57 per hour if health benefits are not provided. Buffalo’s living wage applies to city service contractors and subcontractors with contracts over $50,000 and more than 10 employees. The law provides for annual adjustments based on inflation (NY ¶33-1000).

Plant Closing Law

New York's state department of labor has filed emergency proposed rules on the recently enacted New York Worker Adjustment and Retraining Notification Act designated as 12 NYCRR Part 921, entitled "New York State Worker Adjustment and Retraining Notification Act" created under Chapter 475 of the Laws of 2008. The Act requires employers of 50 or more employees to provide at least 90 days notice to affected employees and representatives of affected employees, the New York State Department of Labor, and local workforce partners before ordering a plant closing, mass layoff, or reduction in work hours that falls within the employment losses covered by the law. At least 25 employees must be affected for the notice requirement to be triggered. The rule contains exceptions to the notice requirement for certain employers who are making good faith efforts to avoid employment losses and have reasonable expectation that these efforts will successfully forestall the plant closing, mass layoff, or reduction in work hours. A summary of the proposed rules can be found at http://www.labor.state.ny.us/workforcenypartners/warn/pdfs/SUMMARY.pdf.

Recordkeeping/Posters Law

North Carolina’s Labor Law Poster, containing information on safety, health, and wage and hour rights, is updated in English and Spanish at NC ¶34-9900.

Recordkeeping/Posters Law

The state’s 2009 minimum wage poster is at OH ¶36-9900 .

Violence in the Workplace Law

A federal appeals court has lifted the injunction against the state's bring-your-gun-to-work provision. The federal Occupational Safety and Health Act and its General Duty Clause were not intended to preempt Oklahoma firearms amendments that hold employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property, ruled the Tenth Circuit, reversing a permanent injunction based on a finding that gun-related workplace violence is a hazard under OSHA’s General Duty Clause. The court noted that OSHA has pointedly refrained from making rules banning firearms in the workplace, deferring ‘to other federal, state, and local law-enforcement agencies to regulate workplace homicides.' It rejected employers' arguments that they had suffered an unconstitutional “taking” of their property and a violation of their due process right to exclude others from their property. A “taking” does not occur where an acceptable restriction is placed on use of property to accommodate a state law. Nor was there a due process violation, since there was a rational basis for enacting the firearms amendments (Ramsey Winch v C. Brad Henry, 10thCir, February 18, 2009) (OK ¶37-3300).

Recordkeeping/Posters Law

The state’s minimum wage posters (including posters for agricultural employees) are updated in English and Spanish (OR ¶38-9900).

Unemployment Insurance Law

An employee who admitted sending pornographic e-mails to fellow employees was not entitled to unemployment benefits and was not able to prove that the employer’s electronic communications policy was disparately applied to him. An appellate court Pennsylvania reversed a decision of the state's Unemployment Compensation Board granting benefits. In Pennsylvania, a claimant who has engaged in willful misconduct may still receive benefits if he or she can make an initial showing that: (1) the employer discharged claimant, but did not discharge other employees who engaged in similar conduct; (2) the claimant was similarly situated to the other employees who were not discharged; and (3) the employer discharged the claimant based upon an improper criterion. Here there was clear evidence that the claimant's conduct occurred with more regularity and was more egregious than that of the other employees (Geisinger Health Plan v Unemployment Compensation Board of Review, February 5, 2009) (PA ¶39-1700).

Recordkeeping/Posters Law

Minimum wage posters were updated in English and Spanish at RI ¶41-9900.

Recordkeeping/Posters Law

The state’s labor law abstract poster has been revised (SC ¶42-9900).

Garnishment Law

South Dakota law relating to garnishment of earnings is amended to provide that the maximum amount of aggregate disposable earnings for a wage earner for any workweek subject to garnishment can not exceed the lesser of (1) 20 percent of disposable earnings for that week or (2) the amount by which the disposable earnings for that week exceed 40 times the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) as amended and in effect on July 24, 2009 ($7.25 per hour), or, in the case of earnings for a pay period other than a week, any equivalent multiple thereof prescribed by regulation by the secretary of labor, less $25 per week for each dependent family member residing with the garnishment debtor (other than the garnishment debtor). These restrictions do not apply in the case of an order for support or any court of bankruptcy under Title 12 of the United States Code (Section 21-18-51, amended by H. 1034, L. 2009, effective July 1, 2009, at SD ¶43-5600).

Preemployment Inquiries Law

Municipal employers may require each person over age 18 seeking employment to submit, ubject to the discretion of the municipality, to a state and federal criminal background investigation by means of fingerprint checks by the state Division of Criminal Investigation and the FBI. The municipality may submit completed fingerprint cards to the Division before the prospective new employee enters into service. Upon completion of the criminal background check, the Division must forward to the municipality all information obtained as a result of the check. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application (Sec. 1, as added by SD H 1119, L. 2009, enacted, but uncodified, at SD ¶43-9000).

Recordkeeping/Posters Law

The state unemployment insurance notice is updated at SD ¶43-9900.

Recordkeeping/Posters Law

The Tennessee Wage Regulation Poster has been added (TN ¶44-9900).

Recordkeeping/Posters Law

The Texas Payday Notice has been updated in English and Spanish, and the Employer Notice of Ombudsman Program to Employees is also updated at TX ¶45-9900.

Health Insurance Benefit Coverage Law

New minimum wage rules in Vermont make clear that an employer may not make deductions from employee wages in order to offset its required health care fund contribution (Vt MinWageRules, Sec. 11, effective January 1, 2009, at VT ¶47-4000).

Minimum Wage Law

The State of Vermont Department of Labor has adopted Minimum Wage Rules for 2009. These rules reflect statutory amendments made by Act 182 (H.B. 885), L. 2008, and previous statutory amendments, providing for rate adjustments for board and lodging allowances; providing for the state minimum hourly wage and the wage rate for service and tipped employees to be adjusted annually based on changes in the cost of living; defining service and tipped employees as those working in hotels, motels, tourist places or restaurants who customarily and regularly receive more than $120 per month in tips; and making changes to notice requirements, to require that employers notify a job applicant prior to time of hire of any cost to the employee for required apparel (VT ¶47-1000).

Recordkeeping/Posters Law

Vermont’s minimum wage poster is updated (VT ¶47-9900).

Recordkeeping/Posters Law

Workers' rights under Washington's wage-and-hour laws poster is updated at WA ¶49-9900.

Unemployment Insurance Law

Washington’s unemployment compensation law is amended, to provide for a temporary benefit increase of $45 in an individual’s weekly benefit amount; to remove the limit of 26 weeks in a 12-month period for receiving benefits under a shared work compensation plan; and to provide that the temporary benefit increase will not be charged to the experience rating account of any contributing paying employer (Sections 50.20.120, 50.29.021, and 50.60.100, are amended and a new section is added to Chapter 50.20 of the Revised Code of Washington by Ch. 3 (H. 1906), L. 2009, effective April 5, 2009, at WA ¶49-1700).

Family, Medical and Parental Leave Law

A Milwaukee court has prevented the City of Milwaukee’s paid sick leave ordinance from taking effect on February 10, 2009, until the court has the opportunity to rule on the case on its merits. On November 4, 2008, Milwaukee became the third city in the United States, after San Francisco and the District of Columbia, to require that all city businesses provide their employees with paid sick leave through the passage of a binding referendum. But the Metropolitan Milwaukee Association of Commerce filed a lawsuit challenging the city's paid sick leave mandate. It argued that ordinance: (1) is inconsistent with the Family and Medical Leave Act and the Wisconsin Family and Medical Leave Act; (2) exceeds the legislative powers conferred upon the city of Milwaukee as an attempt to set a living or minimum wage; and (3) exceeds the city’s legislative powers because it improperly attempts to regulate employers located outside the geographic boundaries of the city ( i.e., it would require paid sick leave from employers outside the city that have employees living in Milwaukee) (WI ¶51-7000).

Recordkeeping/Posters Law

The state’s minimum wage rates poster is updated in English and Spanish. The fair employment poster is also updated in English and Spanish at WI ¶51-9900.