State Law Changes

May 18, 2011 Update

No Updates as of May 18, 2011

Preemployment Inquiries Law

A three-judge panel of the Ninth Circuit has ruled that a federal court in Arizona did not abuse its discretion when it blocked the state of Arizona from enforcing key provisions of its controversial immigration law pending a challenge to the measure by the Obama Administration. The lower court properly concluded that the United States was likely to succeed on the merits of its constitutional challenge to the Arizona statute, the appeals court found (April 11, 2011) (AZ ¶3-9000).

In other news, the state amended its law relating to background checks/fingerprinting of specified individuals working with juveniles to include those working with vulnerable adults (S. 1082, L. 2011). Also, the state has added fingerprint clearance card requirements for state hospital workers and volunteers (Ch. 177 (S. 1025), L. 2011). (AZ ¶3-9000).

Prohibition of Harassment in the Workplace

The definition of “harassment” was amended to include unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott and defamation. Also, the courts are not permitted to issue a temporary restraining order or injunction that prohibits speech or other activities that are constitutionally protected or otherwise protected by law, including actions involving organized labor disputes that do not involve unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott, defamation or any actual or threatened misrepresentation, fraud, duress, violence or breach of the peace . Title 12, Chapter 10, Article 1, Section 12-1810, as amended by S. 1363, L. 2011, effective July 20, 2011. Para 3-21,550.01.

Wage Payment Law

The Protect Arizona Employees’ Paychecks from Politics Act regulates paycheck deductions for political purposes. An employer may not deduct payment from an employee's paycheck for political purposes unless the employee annually provides written authorization (Ch. 251 (S. 1365), L. 2011, at AZ ¶3-1200).

The state has also enacted a law relating to payment of wages to state employees. The law authorizes payment to be made by payroll card account, an account that is directly or indirectly established through an employer and to which electronic fund transfers of an employee's wages are made on a recurring basis whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution or any other person (Ch. 193 (H. 2151), L. 2011, at AZ ¶3-1200).

Adoption Leave—Topic added

Under Act 1235 (S. 858), private and public employers, including state departments, agencies, and political subdivisions are to provide paternity or maternity leave for an adoptive parent upon placement of an adoptive child in the adoptive parent's home if requested by the adoptive parent. This policy applies to employers that have established a policy that provides leave time for a biological parent after the birth of a child. In addition any other benefit provided by an employer, such as job guarantee or pay guarantee, shall be available to both biological parents and adoptive parents equally. Title 9, Chapter 9, Subchapter 1, as enacted by 1235 (S. 858), L. 2011, effective July 26, 2011. Para 4-22,750.01.

Drug Testing Law

Arkansas has enacted a law stating that it is unlawful for any person, partnership, association, or corporation to require any employee or applicant to take a physical, medical examination, or drug test unless such test and copy of results is provided at no cost to the employee or applicant (Act 980 (S. 244), L. 2011, at AR ¶4-8600).

Family, Medical and Parental Leaves Law

The state has enacted a law that requires public and private employers who provide maternity or paternity leave for employees after the birth of a child to provide the same leave for employees who are adoptive parents who request such leave upon placement of an adoptive child in the adoptive parent’s home (S. 858, L. 2011, at AR ¶4-7005).

The state has enacted a law that requires public and private employers who provide maternity or paternity leave for employees after the birth of a child to provide the same leave for employees who are adoptive parents who request such leave upon placement of an adoptive child in the adoptive parent’s home (S. 858, L. 2011, at AR ¶4-7005).

Military and Emergency Services Leave Law

Arkansas has enacted a law relating to leaves of absence and reemployment of military personnel called to active duty, including public school teachers, administrators, and noncertified personnel (Act 1164 (H. 1024), L. 2011, at AR ¶4-7200).

Preemployment Inquiries Law

The state has enacted a law amending provisions relating to criminal background checks for health care providers (Act 516 (S. 559), L. 2011, at AR ¶4-9000).

Preemployment Inquiries Law

Colorado has enacted a law to protect employers of health care workers who, when requested by prospective or current employers, in good faith disclose information about any involvement in drug diversion, drug tampering, patient abuse, violation of employer drug or alcohol policies, or crimes of violence by a health care worker who is an employee or former employee of the responding employer. Employers making such good-faith disclosures would not be in violation of state law prohibiting blacklisting and also would not be liable for any consequences resulting from such disclosure, unless the health care worker is able to show, by a preponderance of the evidence, that the information is false and that the employer providing the information knew or reasonably should have known the information is false. This law becomes effective July 1, 2011 (H. 1148, L. 2011, enacted March 21, 2011, at CO ¶6-9000).

Civil Rights Commission Law

Hawaii’s Civil Rights Commission purpose was amended to include gender identity or expression as a protected class under its enforcement of discrimination laws in employment, housing, public accommodations, or access to services receiving state financial assistance. Title 20, Chapter 368, Section 368-1, as amended by H. 546, L. 2011, effective May 2, 2011. Para 12-20,026.01.

Fair Employment Practices Act

Hawaii has enacted a law prohibiting discrimination on the basis of gender identity and expression as a public policy matter and specifically with regard to employment. Discrimination on the basis of gender identity and expression is considered a type of sex discrimination. ``Gender identity,’’ includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth. Title 21, Chapter 378, Section 378-1 and 378-2, as amended by H. 546, L. 2011, effective May 2, 2011. Paras 12-20,025.01 and 12-20,025.02.

Child Labor Law

The state has amended its child labor law to provide that a student may be employed by the public schools of the district for a maximum of 10 hours per week if such employment is voluntary and with the consent of the student’s legal guardian (S. 1147, L. 2011, at ID ¶13-1500).

Veterans’ Preference in Public Employment

Public employers are required to give notice in all announcements and advertisements of vacancies that preference in appointment will be given to preference applicants. Application forms must inquire whether the applicant is claiming veteran's preference and whether the applicant has previously claimed such a preference. Applicants claiming preference are responsible for providing required documentation at the time of making application, and must be informed by the employer the requirements for such documentation. Title 65, Chapter 5, Sections 65-502 through 65-504, and 65-506, as amended and enacted by Ch. 284 (H. 264), L. 2011, effective July 1, 2011. Paras 13-21,750.02 through 13-21,750.04 and 13-21,750.06.

Fair Employment Practices Law

Effective July 1, 2011, public and private employers doing business in Indiana may not:

(1) require an applicant for employment or an employee to disclose information about whether the applicant or employee owns, possesses, uses, or transports a firearm or ammunition, unless the disclosure concerns the possession, use, or transportation of a firearm or ammunition that is used in fulfilling the duties of the employment of the individual; or

(2) condition employment, or any rights, benefits, privileges, or opportunities offered by the employment, upon an agreement that the applicant for employment or the employee forego the rights of the applicant or employee under this chapter; or otherwise lawful ownership, possession, storage, transportation, or use of a firearm or ammunition.

(P.L. 17-2011 (S. 411), L. 2011, at IN ¶15-2500).

Second Amendment Rights in Employment Law—Topic added

Public and private employers may no longer require an applicant for employment, or a current employee, to disclose information about whether they own, possess, use, or transport, a firearm or ammunition. Enrolled act 411 prohibits employers from conditioning employment, or any rights, benefits, privileges, or opportunities of employment upon an agreement that the applicant or the employee forego their right to otherwise lawful ownership, possession, storage, transportation, or use of a firearm or ammunition. However, public and private employers may regulate, or even prohibit, the possession or carrying of a firearm by an employee in the course of their employment duties. Employers also may regulate or prohibit firearm possession while employees are on the employer’s property. In addition, employers do have the right to inquire as to an employee or applicant’s gun ownership, possession or use if the employee possesses, uses, or transports a firearm or ammunition in the course of their employment. Title 34, Article 28, Chapter 8, Sections 34-28-8-1 through 34-28-8-9, as enacted by P.L. 17 (S. 411), L. 2011, effective July 1, 2011. Paras 15-20,026.11 through 15-20,026.19.

Bereavement Leave Rules-State Employees—Topic added

An employee in the classified or unclassified service who has lost an immediate family member by death may utilize not more than 3 days of accrued sick leave, compensatory leave, annual leave, or leave without pay if the employee does not have accrued leave, or a combination thereof, if approved by the appointing authority. For purposes of funeral and bereavement leave, an immediate family member includes the employee’s spouse, parent, grandparent, child, brother or sister, or the spouse of any of them, and may be granted to include other relatives of close association if approved by the appointing authority. Title 101, Chapter 2, Section 101 KAR 2:012(8) and Chapter 3, Section 101 KAR 3:015(8), as adopted effective March 31, 2011. Paras 18-22,501.01 and 18-22,501.11.

Family Leave Rules

An Employee will mo longer need to need to use accumulated annual sick leave, or a combination thereof, for the birth, placement, or adoption of the employee’s child. Title 101, Chapter 2, Section 101 KAR 2:012(3) and Chapter 3, Section 101 KAR 3:015(3), as adopted effective March 31, 2011. Paras 18-22,500.01 and 18-22,500.02.

Unemployment Insurance Law

Contribution rate information has been updated (KY ¶18-1700).

Unemployment Insurance Law

For 2011, contribution rates for eligible positive reserve ratio employers range from 0.11% to 2.39%. Rates for eligible negative reserve ratio employers range from 2.45% to 6.20% (LA ¶19-1700).

Job Applicant Fairness Act

Effective October 1, 2011, the Job Applicant Fairness Act sets forth the circumstances under which an employer may use the credit report or credit history of an employee or applicant for employment. Generally, employers may not: (1) deny employment to an applicant, (2) discharge an employee, or determine compensation or the terms, conditions, or privileges of employment, on the basis of credit history. However, employers may request or consider use of an applicant’s or employee’s credit history if the information has a bona fide purpose and is substantially job-related and is disclosed in writing to the employee or applicant. Labor and Employment, Title 3, Subtitle 7, Section 3-711, as enacted by Ch. 29 (H. 87), L. 2011, and Ch. 28 (S. 132), L. 2011, effective Oct. 1, 2011. Para 21-20,029.01.

Preemployment Inquiries Law

Effective October 1, 2011, the Job Applicant Fairness Act sets forth the circumstances under which an employer may use the credit report or credit history of an employee or applicant for employment (Ch. 29 (H. 87), L. 2011, and Ch. 28 (S. 132), L. 2011, at MD ¶21-9000).

Wage Payment Law

Effective October 1, 2011, an agreement to work for less than the wage required by law is void (Ch. 118 (H. 298), L. 2011, at MD ¶21-1200).

Overtime Pay Law

The overtime pay law does not apply to employees of air carriers subject to Title II of the Railway Labor Act when the hours worked by an employee in excess of 48 in a workweek are not required by the carrier, but are arranged through a voluntary agreement among employees to trade scheduled work hours (Ch. 11 (S. 488), L. 2011, at MN ¶24-1100).

Governor vetoes bill making it easier for employers to discriminate in employment

Saying that it would undermine the Missouri Human Rights Act, Missouri Governor Jay Nixon vetoed Senate Bill 188 on Friday, April 29, setting up a confrontation with his state’s Republican-dominated legislature. According to Nixon, the state’s top Democrat, the bill would have ``rolled back decades of progress in protecting civil rights.’’ The legislation would amend the current legal standard that workers must meet when filing employment discrimination suits against their former employers. Currently, workers need only prove that discriminatory animus was a contributing factor in order to prevail. Under the new measure, however, plaintiffs would have to prove that the animus motivated, not just contributed to, the action. That change was what drew the majority of the governor’s ire.

``The bill would make it harder to prove discrimination in the workplace,’’ said Nixon ``and would throw new hurdles in the path of those whose rights have been violated. That is unacceptable, and it stops here.’’

In addition to altering the existing standard, the measure would also limit recovery by successful plaintiffs of punitive damages to a range of $50,000 to $300,000, depending on the size of the company. It also would have excluded individuals from liability. Nixon also contended that the bill would not, as its supporters suggest, create jobs. Instead, argued the governor, it would move the state backward. However, the Governor’s veto may not stand, and Nixon urged Missourians to act to prevent an override of his veto. The measure passed by a veto-proof majority in the state Senate, but did not achieve that threshold in the House. In order to overcome the veto, four Democrats would need to oppose the Governor.

Human Rights Act

Under S. 290, L. 2011, the term employee does not include an individual providing services for an employer if the individual has an independent contractor exemption certificate issued under 39-71-417 and is providing services under the terms of that certificate. Also, a business or enterprise on or near an Indian reservation does not apply to the Human Rights Act with respect to any publicly announced employment practice of the business or enterprise required by a contract or other agreement under which preferential treatment may be given to an individual based on the individual's status as an Indian living on or near a reservation. Title 49, Chapter 2, Sections 49-2-101, as amended by S. 290, L. 2011, effective April 15, 2011 and 49-2-203, 49-2-303, 49-2-403, and 49-2-504, as amended by (Ch. 205 (H. 95), L. 2011, effective April 18, 2011. Paras 27-20,027.203, 27-20,028.303. 27-20,029.403 and 26-20,030.504.

Minimum Wage Law

The state’s minimum wage law has been amended to update a federal reference in the definition of a person in an outside sales capacity. Exempt from the state’s minimum wage and overtime requirements are those employed in an outside sales capacity pursuant to 29 CFR 541.500 (H. 84, L. 2011, enacted March 16, 2011, and effective October 1, 2011, at MT ¶27-1000).

Nondiscrimination by State and Local Government Agencies Law

Employment in state or local government agencies no longer includes services provided by an individual working under an independent contractor exemption certificate issued under 39-71-417. Title 49, Chapter 3, Part 2, Section 49-3-201, as amended by S. 290, L. 2011, effective April 15, 2011. Para 27-20,033.201.

Wage Payment Law

The state’s wage payment law has been amended to provide that the definition of “employee” does not include an independent contractor (H. 84, L. 2011, enacted March 16, 2011, and effective October 1, 2011, at MT ¶27-1200).

Fair Employment Practices Law

In what his attorneys state is the first lawsuit to challenge the firing of a transgender person from a job where being male or female is a job qualification, a transgender male has filed suit against the drug treatment center that fired him from a position open only to males after the center’s director learned that he was born a female (Devoureau v Camden Treatment Assoc, LLC, complaint filed April 8, 2011). The suit, which alleges gender identity, sex, and disability discrimination, challenges the termination under New Jersey’s Law Against Discrimination, which protects transgender people from employment discrimination (NJ ¶31-2500).

In other news, the state has enacted a law prohibiting discrimination based on employment status. Unless otherwise specifically permitted by law, rule or regulation, no employer or employer's agent, representative, or designee shall knowingly or purposefully publish, in print or on the Internet, an advertisement for any job vacancy in the state that contains one or more of the following: (1) any provision stating that the qualifications for a job include current employment; (2) any provision stating that the employer or employer's agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or (3) any provision stating that the employer or employer's agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed. Civil penalties for employers violating this law range from $1,000 to $10,000 (Ch. 40 (A. 3359), L. 2010, enacted March 29, 2011, and effective June 1, 2011, at NJ ¶31-2500).

Recordkeeping/Posters Law

The New Jersey Division on Civil Rights, of the Department of Law and Public Safety, has modified its employment, housing, public accommodations and Family Leave Act posters to reflect changes in the agency’s web address and contact information for the agency’s regional offices (NJ ¶31-9900).

Drug Testing Law

The state has enacted a law requiring drug and alcohol testing for direct health care providers in state health care facilities, effective June 17, 2011 (Ch. 90 (S. 295), L. 2011, at NM ¶32-8600).

Child Support Enforcement Law

Effective January 1, 2012, an income payer that employs more than 24 employees at any time and has received more than four income withholding orders for child support shall remit any withheld funds by an electronic method approved by the child support agency. An income payer that employs more than 24 employees at any time and has received fewer than five income withholding orders for child support may choose to opt out of an electronic method approved by the child support agency only through a written request. The requirement to remit funds electronically may be waived upon a showing of good cause (S. 2258, L. 2011, at ND ¶35-5500).

Criminal Background Checks Law

Recent amendments allows the bureau of criminal investigation to provide information resulting from a criminal background check to the state board of chiropractic or counselor examiners for applicants, licensees, or investigations, except that criminal history record checks need not be made unless required by the board. Title 12, Chapter 12-60, Section 12-60-24, as amended by H. 1081, L. 2011 and S. 2097, L. 2011, effective Aug. 1, 2011. Para 35-23,600.51.

Fair Employment Practices Law

North Dakota has enacted a law amending documentation requirements for veterans' preference in employment (S. 2279, L. 2011, at ND ¶35-2500).

Family Leave-State Employees

A state employee may take up 80 instead of 40 hours of leave in any 12-month period to care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition. Also, upon approval of the employee's supervisor and pursuant to rules adopted by the director of the office of management and budget, a state employee may take, in any 12-month period, up to an additional 10 percent of the employee's accrued sick leave to care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition. Title 54, Chapter 52.4, Section 54-52.4-03, as amended by S. 2213, L. 2011, effective April 26, 2011. Para 35-22,450.03.

Family, Medical and Parental Leaves Law

A state employee may take 80 (formerly, not more than 40) hours of leave in any 12-month period to care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition. Also, upon approval of the employee's supervisor and pursuant to rules adopted by the director of the office of management and budget, a state employee may take, in any 12-month period, up to an additional 10 percent of the employee's accrued sick leave to care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition (S. 2213, L. 2011, at ND ¶35-7025).

Health Insurance Benefit Coverage Law

North Dakota has enacted a law that essentially nullifies last year’s federal health care reform legislation (S. 2309, L. 2011, at ND ¶35-4000).

Military and Emergency Services Leave Law

Effective August 1, 2011, honor guard leave will be an approved absence from work, with pay, of up to 24 working hours per calendar year for a state employee to participate in an honor guard for a funeral service of a veteran. A governmental entity may grant a request for honor guard leave even if the absence of the employee might interfere with the normal operations of the agency. This applies to each governmental entity that employs an individual in a position classified by human resource management services (S. 2060, L. 2011, at ND ¶35-7200).

New Hire Reporting Law

Effective January 1, 2012, employers will be required to report, as part of the new hire reporting process, whether they offer health insurance to their employees. Also effective January 1, 2012, an employer that employs more than 24 employees at any time must report new hires through an internet-based method provided by the Department of Human Services. An employer that does not comply with the internet reporting requirement will be deemed to have failed to report new hires as required by law. The department may waive, upon a showing of good cause, the requirement to report new hires electronically (S. 2258, L. 2011, at ND ¶35-1600).

Veterans’ Preference in Public Employment Law

In order to receive veterans’ preference in public employment, S. 2279, L. 2011 requires applicants to submit: (1) a copy of report of separation DD-214; (2) to provide a copy of report of separation DD-214 and a letter less than one year old from the veterans' administration indicating the veteran's disability status; (3) to provide a copy of the marriage certificate, the veteran's report of separation DD-214, and the veteran's death certificate; and (4) to provide a copy of the marriage certificate, the veteran's report of separation DD-214, and a letter less than one year old from the veterans' administration indicating the veteran's disability status.

Under S. 2211, L. 2011, exemptions to the veterans’ preference in public employees added athletic team coaches of board institutions. Title 37, Chapter 37-19.1, Section 37-19.1-03, as amended by S. 2211, L. 2011, and Sections 37-19.1-01 through 37-19.1-04, as amended by S. 2279, L. 2011, effective Aug. 1, 2011. Paras 35-21,750.01 through 35-21,750.04.

Wage Payment Law

The state’s wage payment law has been amended to add provisions on a private employer’s payment of accrued paid time off to an employee who voluntarily separates from employment (S. 2138, L. 2011, at ND ¶35-1200).

Preemployment Inquiries Law

The state has enacted a law exempting former full time teachers from criminal history record searches when applying for substitute teaching positions. The teacher must be able to provide a copy of the national criminal history record check and a letter from the school district in which the teacher was last employed stating the teacher left in good standing (S. 59, L. 2011, at OK ¶37-9000).

Additionally, technology center employees hired on a part-time or temporary basis for the instruction of adult students are exempt from criminal history record checks (S. 12, L. 2011, at OK ¶37-9000).

Fair Employment Practices Law

The state has enacted a law expanding the definition of the term “uniformed service” for the purpose of employment protections for members of the uniformed service to match the federal definition (Ch. 18 (H. 2241), L. 2011, at OR ¶38-2500).

Military and Emergency Services Leave Law

The state has enacted a law including initial active duty for training as a type of military leave for which a public employee may take a leave of absence (Ch. 18 (H. 2241), L. 2011, at OR ¶38-7200).

Minimum Wage Law

South Dakota's minimum wage law has been amended to exempt certain seasonal workers from minimum hourly wage and tip requirements (H. 1148, L. 2011, at SD ¶43-1000).

Breast-Feeding Rights in Employment Law

The phrase “who is twelve (12) months of age or younger,” has been removed from the statute. Title 68, Chapter 58, Section 68-58-101, as amended by Ch. 91 (S. 83), L. 2011, effective July 1, 2011. 44-22,651.01.

Preemployment Inquiries Law

Effective July 1, 2011, an employee whose job duties may place the person in a position of power, authority or supervision over or permit unsupervised contact with a minor or vulnerable adult must sign a preemployment waiver authorizing the disclosure of job-related information from current and former employers to prospective employers. Also, prospective employers must request in writing, and current or former employers must promptly disclose, all factual information that would lead a reasonable person to conclude that the prospective employee engaged in conduct jeopardizing the safety of a minor or vulnerable adult. Current and former employers are to provide a copy of the disclosure or a statement that there is nothing to disclose to both the prospective employer and employee. Affected employees are to be given the opportunity to review and respond to the information (Act 5 (H. 431), L. 2011, at VT ¶47-9000).

Fair Employment Practices Law

Effective July 22, 2011, in every private, nonpublic employment in this state, honorably discharged soldiers, sailors, and marines who are veterans of any war of the United States, or of any military campaign for which a campaign ribbon has been awarded, and their widows or widowers, may be preferred for employment. Spouses of honorably discharged veterans who have a service connected permanent and total disability may also be preferred for employment. These preferences are not considered violations of any state or local equal employment opportunity law, including but not limited to any statute or regulation adopted under the Washington Law Against Discrimination (Ch. 144 (H. 1432), L. 2011, at WA ¶49-2500).

Sexual Orientation Discrimination Law

For the purposes of the Washington Revised Code and any subsequent legislation enacted in the state, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family generally shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, unless the legislation expressly states otherwise and to the extent that such interpretation does not conflict with federal law. Gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships (Ch. 9 (H. 1649), L. 2011, enacted April 5, 2011, at WA ¶49-3100).

Veterans’ Preference in Public Employment Law

Private employers are permitted to exercise a voluntary veterans' preference in employment. Chapter 144, L. 2011, establishes a permissive preference in private employment for honorably discharged veterans of any war of the United States, or of any military campaign for which a campaign ribbon has been awarded, and their widows or widowers. Spouses of honorably discharged veterans who have a service connected permanent and total disability may also be preferred for employment. These preferences are not considered violations of any state or local equal employment opportunity law, including but not limited to any statute or regulation adopted under Washington’s Law Against Discrimination (Chapter 49.60 RCW). Title 73, Chapter 73.16, a new section to be added, as enacted by Ch. 144 (H. 1432), L. 2011, effective July 22, 2011. Para 50-21,750.04.

Health Insurance Benefits Coverage Law

Effective January 1, 2012, group insurers and HMOs will be required to provide coverage for the diagnosis and treatment of autism spectrum disorders in individuals ages 18 months through 18 years (H. 2693, L. 2011, at WV ¶50-4000).

Recordkeeping/Posters Law

The state has enacted a law requiring railroad companies to provide pesticide safety information at a central location accessible to employees of the railroad company and to the public and local communities along the right-of-way treated by pesticide use. Additionally, the law requires railroad companies to provide pesticide safety training annually to their employees who work along railroad rights-of-way and in rail yards. The law imposes recordkeeping and posting requirements on railroad company employers (H. 3126, L. 2011, passed March 12, 2011; in effect 90 days from passage; WV ¶50-9900).