State Law Changes

March 16, 2011 Update

Unemployment Insurance Law

Since the trust fund balance was less than 70% of the desired level at the end of 2010, Schedule D of the tax table continues to apply in calendar year 2011. Rates in that schedule range from 0.59% to 6.74%. In addition, the Shared Cost Assessment for 2011 is 1.6%. Note that all experience-rated employers (except new employers and employers assigned a rate of at least 5.4% but no greater than 5.45%) are required to pay the 0.06% employment security administrative (ESA) enhancement assessment under Schedule D (AL ¶1-1700).

Veteran’s Preference in State Employment—Topic added

All persons who have been honorably discharged from the Army, Navy, Air Force, Marine Corps or Coast Guard who have ever served in the armed forces of the United States at any time who have been honorably discharged are to be given preference in any earned ratings in examination for entrance to the classified service. Title 36, Chapter 26, Section 36-26-15. Para. 1-21,750.01.

Overtime Pay Law

Rules of the Department of Labor and Workforce Development relating to minimum wages and overtime have been amended to clarify overtime exemptions for certain truck drivers and hospital workers. Effective March 24, 2011, employers of line haul truck drivers that use alternate rates of overtime pay must provide a written explanation of the alternate rate, which must be signed by employees. The exemption for hospital employees whose employment includes the provision of medical services is clarified to provide that the “provision of medical services” means “those necessary hands-on, medical functions, procedures and protocols that an employee renders personally to an individual patient, where such services involve face-to-face or other direct interaction between employee and patient” (8 AAC 15.101 and 15.910, amended effective March 24, 2011 (Register 197, April 2011), at AK ¶2-1100)).

Unemployment Insurance Law

For 2011, all positive-balance employers except those eligible for the minimum 0.02% rate and new employers have rate increases. Rates for positive-balance employers range from 0.02% to 2.82% for 2011. An employer with a reserve rate of zero pays at a rate of 2.93%. Negative-balance employers pay rates ranging from 3.09% to 5.86% for 2011. The 0.1% Job Training Assessment also must be paid by each employer this year (AZ ¶3-1700).

Minimum Wage Law

Effective through June 30, 2011, the living wage rates for San Diego are as follows: $11.00 plus $2.20 per hour in health benefits or a full cash wage of $13.20 per hour. Also through June 30, 2011, the living wage in Santa Barbara is as follows: (1) If basic medical insurance and compensated holidays are provided, a wage of no less than $13.24 per hour. (2) If supplemental employee benefits are provided, a wage of no less than $12.14 per hour. (3) If benefits are not provided, a wage of no less than $15.45 per hour.

Living wage rates for San Leandro have also been updated (CA ¶5-1000).

Veterans’ Preference in Public Employment—Topic added

All persons who have served in the armed forces of the United States in any declared or undeclared war, conflict, engagement, expedition, or campaign for which a campaign badge has been authorized, and who meet the requirements of service or disability, or both, will be given preference in public employment. Title 24, Article 50, Part 1, Section 24-50-112.5, and Colorado Constitution, Article XII, Section 15. Paras 6-21,750.01 and 6-21,750.11.

Veterans’ Preference in Public Employment—Topic added

Any veteran who served in time of war, a veteran’s surviving spouse, and any person who has been honorably discharged from or released under honorable conditions from active service in the armed forces of the United States, and who has served in a military action for which such person received or was entitled to receive a campaign badge or expeditionary medal is to be granted preference in state employment. Title 5, Chapter 67, Section 5-224. Para 7-21,750.01.

Civil Unions in Employment Law—Topic Added.

Hawaii’s Governor Neil Abercrombie on February 23, 2011, signed into law a civil union bill extending the same rights, benefits and protections of married couples to partners in civil union. Hawaii’s is now the seventh state in the nation to recognize civil unions and employer in that state are cautioned to examine their policies so as to ensure compliance with the law. The Law is not yet codified and reads as enacted by Act 1 (S. 232), L. 2011, Sections 1, 2, 9, 10 and 11, and effective on January 1, 2012. Paras 12-20,028.01 through 12-20,028.05.

Sexual Orientation Discrimination Law

On February 23, 2011, Governor Neil Abercrombie signed into law a civil union bill extending the same rights, benefits and protections of married couples to partners in civil unions (S. 232, L. 2011, effective January 1, 2012, at HI ¶12-3100).

Department of Human Rights Rules of Practice and Procedure

The rules were amended to include ``order of protective status’’ as a protected class regarding the employment or in the terms or conditions of employment of any employee, or in connection with any apprenticeship or other training program. Also, after January 1, 2010, an DHR Employer Report Form, whether it is a renewal or an initial filing, will not be deemed complete unless it is accompanied by a filing fee of $75 in the form of a certified check, money order or cashier's check payable to "Department of Human Rights" and mailed to the Department of Human Rights. Title 44, Chapter X, Part 750, Sections 750.110, 750.210 and 750 Appendix A, as amended Feb. 18, 2011. Paras 14-20,126.110, 14-20,126.210 and 14-20,126.750.

Minimum Wage Law

The current living wage for Prince George’s County is $12.65 per hour (MD ¶21-1000).

Minimum Wage Law

The Revere living wage has been updated (MA ¶22-1000).

Preemployment Inquiries Law

Rules relating to fingerprinting and background checks of Department of Mental Health applicants, employees, and volunteers have been updated (MS ¶25-9000).

Minimum Wage Law

Through June 30, 2011, the living wage rates for Rochester are as follows: $10.59 per hour if insurance is offered; $11.83 per hour if insurance is not offered (NY ¶33-1000).

Unemployment Insurance Law

2011 rate information has been updated (NY ¶33-1700).

Meal and Rest Periods Law

The North Carolina State Personnel Commission has adopted rules relating to state agencies’ workplace accommodation of nursing mothers. State agencies are now required to provide time and a private space other than a restroom or common area to allow for nursing mothers to express breast milk. The agency may require the employee to use the regularly scheduled break time. If time is needed beyond the regularly scheduled paid break times, the agency must make reasonable efforts to allow employees to use paid leave or unpaid time for this purpose (North Carolina Administrative Code, Title 25, Chapter 01, 25 NCAS 01N.0601—.0605 (posted in N.C. Register February 1, 2011), at NC ¶34-1400).

Preemployment Inquiries Law

The state has amended rules relating to background checks for preschool workers (ND ¶35-9000).

Minimum Wage Law

The current living wage for Lakewood is $12.47 per hour if health benefits are paid by the employer, and $13.81 per hour if health benefits are not paid by the employer (OH ¶36-1000).

Unemployment Insurance Law

Contribution rates range from 0.78% to 8.25% for 2011. The replenishment ratio is 1.28. The replenishment tax rate is 0.56%. The obligation assessment ratio is 0.26 for 2011. The interest tax rate is 0.0%, and the employment training assessment rate is 0.10% for 2011 (TX ¶45-1700).

Workers’ Compensation Law

Effective July 1, 2011, volunteers working on projects approved by the Wyoming Department of State Parks and Cultural Resources will be covered under the state’s workers’ comp law (Act 4 (S. 28), L. 2011, at WY ¶52-4300).