State Law Changes

November 18, 2009 Update

No Updates as of November 18, 2009

Recordkeeping/Posters Law

The state's minimum wage poster has been updated (AK ¶2-9900).

Minimum Wage Law

The minimum wage in Arizona will remain unchanged at $7.25 per hour in 2010, due to a decrease in the cost of living. The Industrial Commission of Arizona determined at a public meeting held on October 7, 2009, that Arizona's minimum wage will not increase in 2010 because the CPI-U decreased and the Minimum Wage Act does not provide for a decrease in the state minimum wage rate (Industrial Commission of Arizona Press Release, October 8, 2009, at AZ ¶3-1000).

Preemployment Inquiries Law

The state has enacted a law to enhance the safety of children by requiring central registry checks for all public school employees and bus drivers (Act 1173 (H. 1450), L. 2009, at AR ¶4-9000).

Unemployment Insurance Law

Basic contribution rates in Arkansas will be increased in 2010 to add both a 0.8% stabilization tax and a 0.1% extended benefits tax. Total rates for the year will range from 1.0% to 6.9% as a result. The rate for new employers will be 3.8% in 2010, and also includes both the stabilization tax and the extended benefits tax (AR ¶4-1700).

Child Labor Law

The California Education Code has been amended with regard to pupil work permits to authorize the principal of a public or private school, subject to certain requirements and conditions, to issue, or designate another administrator in the school to issue, work permits for pupils who attend the school. A person would not be able to issue a work permit for his or her own child. In addition, hour limitations that apply to work permits are to be based on the school calendar of the school the pupil attends (Ch. 214 (A. 66), L. 2009, enacted October 11, 2009, effective January 1, 2010, at CA ¶5-1500).

Health Insurance Benefit Coverage Law

Governor Arnold Schwarzenegger has signed a law amending the state's health coverage mandate for reconstructive surgery. Effective July 1, 2010, coverage must include medically necessary dental or orthodontic services that are an integral part of reconstructive surgery for cleft palate procedures. The law applies to health care service plan contracts, as well as health insurance policies covering hospital, medical or surgical expenses (Ch. 604 (S. 630), L. 2009, effective July 1, 2010, at CA ¶5-4000).

California’s law prohibiting insurance policies from limiting coverage of prescription drugs that are prescribed for uses other than those approved for FDA marketing was amended to include revised compendiums (Ch. 479 (A. 830), L. 2009, effective January 1, 2010, at CA ¶5-4000).

Criminal Background Checks Law

The Attorney General is authorized to provide any foreign government criminal history information, if the information is requested by the individual who is the subject of the record requested and if that information is needed in conjunction with the individual's application to adopt a minor child who is a citizen of that foreign nation. Also, the Department of Justice is required to disseminate the date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests. The Department must retain an individual's fingerprint images and related information submitted as part of a peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search request. Penal Code, Part 4, Title 1, Chapter 1, Article 3, Sections 11105 and 11105.06, as amended and enacted by Ch. 97 (A.B. 297), L. 2009 and Ch. 441 (A.B. 428) L. 2009, effective Jan. 1, 2010. Paras 5-23,604.01 and 5-23, 604.051.

Discrimination Against Military Personnel Law

Under the Civil Air Patrol Employment Protection Act, public and private employers, who employ more than 15 employees, are prohibited from discriminating and discharging from employment a member of the Civil Air Patrol because of such membership and will not hinder or prevent a member from performing service as part of the California Wing of the Civil Air Patrol during an emergency operational mission. Labor Code, Division 2, Part 5, Sections 1500 through 1507, as enacted by Ch. 242 (A.B. 485), L. 2009, effective Jan. 1, 2010. Paras 5-21,150.01 through 5-21,150.18.

Maximum Hours of Work Law

The California Education Code has been amended to provide that the hour limitations that apply to pupil work permits are to be based on the school calendar of the school the pupil attends ( Ch. 214 (A. 66), L. 2009, enacted October 11, 2009, effective January 1, 2010, at CA ¶5-1300).

Military and Emergency Services Leave Law

Private and public employers who employ more than 15 employees will be required, effective January 1, 2010, to provide not less than 10 days of leave per year for voluntary members of the California Wing of the Civil Air Patrol in order for such volunteers to respond to an emergency operational mission. Employee volunteers must be employed by the employer for at least 90 days immediately preceding the commencement of leave. Employees will be required to give the employer as much notice as is possible of the intended leave dates. Upon expiration of the leave, an employer is required to restore the employee to his or her position or to a position with equivalent seniority, benefits, pay and other terms and conditions of employment, unless the employee is not restored because of conditions unrelated to the exercise of these leave rights. The employer is not required to grant such leave to Civil Air Patrol employees who are required to respond as first responders or disaster service workers for a local, state, or federal agency to the same or a simultaneous emergency operational mission (Ch. 242 (A. 485), L. 2009, enacted October 11, 2009, and effective January 1, 2010, at CA ¶5-7200).

Sexual Orientation Discrimination Law

All registered nurses, certified nurse assistants, licensed vocational nurses, and physicians working in skilled nursing facilities or congregate living health facilities to participate in a training program that focuses on preventing and eliminating discrimination based on sexual orientation and gender identity. The program will be developed by the State Department of Public Health. Health and Safety Code, Division 2, Chapter 2, Article 1, Section 1257.5, as enacted by Ch. 550 (S.B. 1729), L. 2008, effective Jan. 1, 2009. Para 5-20,450.11.

Unruh Civil Rights Act

Any discount or other benefit offered to or conferred on a consumer or prospective consumer by a business because the consumer or prospective consumer has suffered the loss or reduction of employment or reduction of wages shall not be considered an arbitrary discrimination in violation of Section 51 of the Act. Civil Code, Division 1, Part 2, Section 51.13, as enacted by Ch. 641 (S.B. 367), L. 2009, effective Nov. 2, 2009. Para 5-20,026.105.

Wage Payment Law

The state has amended existing law that requires each state agency, at the time of each payment of salary or wages, to furnish an employee, at his or her discretion, an itemized statement in writing or electronically showing all deductions made from salary or wages. The new law will require that the statement be provided electronically to each employee who has authorized the direct deposit by electronic fund transfer of his or her salary or wages, unless the employee has asked to receive a paper version of the statement (Ch. 329 (S. 37), L. 2009, enacted October 11, 2009, at CA ¶5-1200).

Effective January 1, 2010, a farm labor contractor or garment manufacturer, in applying for a license or registration, or in applying for a license renewal or reinstatement, will be required to submit a statement as to whether the applicant has satisfied all requirements imposed by a final judgment issued by a court or by a final order issued by the Labor Commissioner or by an accord involving unpaid wages. Those who knowingly provide false information in the statement will be subject to a civil penalty of no less than $1,000 and no more than $25,000 (Ch. 256 (A. 854), L. 2009, enacted October 11, 2009, and effective January 1, 2010, at CA ¶5-1200).

Workers' Compensation Law

Regardless of whether an employer has established a medical provider network or entered into a contract with a health care organization, an employer that authorizes medical treatment shall not rescind or modify that authorization after the medical treatment has been provided based on that authorization for any reason. If the authorized medical treatment consists of a series of treatments or services, the employer may rescind or modify the authorization only for the treatments or services that have not already been provided. These new provisions were added by Ch. 436 (A. 361), L. 2009, enacted October 11, 2009 (CA ¶5-4300).

Violence in the Workplace Law

On October 7, 2009, Colorado Governor Bill Ritter (D) issued an Executive Order requiring the establishment of a universal policy to protect state employees from workplace and domestic violence by March 2010 (CO ¶6-3300).

Health Insurance Benefit Coverage Law

Group health insurance policies subject to the state’s mandate for early intervention services must now cover a higher maximum benefit amount - $6,400 per child per year (up from $3,200), or an aggregate of $19,200 per child over the three-year period beginning at birth (up from $9,600). The new provisions took effect upon passage (P.A. 09-3 (S. 2051), L. 2009, effective October 6, 2009, at CT ¶7-4000).

Unemployment Insurance Law

The maximum weekly benefit amount in Connecticut, effective October 4, 2009, is $537 (CT ¶7-1700).

Minimum Wage Law

The minimum wage for Florida will remain unchanged January 1, 2010, at the federal rate of $7.25 per hour (State of Florida, Agency for Workforce Innovation Press Release, October 15, 2009, at FL ¶10-1000).

Also, the current living wage rates for the City of Miami are $11.66 per hour with a health benefit plan and $12.91 per hour without health benefits (FL ¶10-1000).

Recordkeeping/Posters Law

The state's minimum wage posters have been updated (FL ¶10-9900).

Human Rights Act

It is not a civil rights violation for a medical, dental, or other health care professional or a private professional service provider such as a lawyer, accountant, or insurance agent to refer or refuse to treat or provide services to an individual in a protected class for any non-discriminatory reason if, in the normal course of his or her operations or business, the professional would for the same reason refer or refuse to treat or provide services to an individual who is not in the protected class of the individual who seeks or requires the same or similar treatment or services. Chapter 775, Act 5, Article 5, Sections 5/5-101, 5/5-102.1 and 5/5-102.2, as amended and enacted by H.B. 2457, L. 2009, effective Jan. 1, 2010.

Preemployment Inquiries Law

The Carnival and Amusement Rides Safety Act has been amended with respect to criminal history records checks for carnival workers (P.A. 151 (S. 1408), L. 2009, at IL ¶14-9000).

Recordkeeping/Posters Law

The Carnival and Amusement Rides Safety Act has been amended to add recordkeeping requirements for employers (P.A. 151 (S. 1408), L. 2009, at IL ¶14-9900).

Unemployment Insurance Law

Effective January 1, 2010, the taxable wage base in Indiana will be $9,500 (IN ¶15-1700).

Veterans’ Preference in Public Employment Law—Topic added.

In every public department and upon all public works in the state, and of the counties, cities, and school corporations of the state, veterans who are citizens and residents of the United States are entitled to preference in appointment and employment over other applicants of no greater qualifications. Title I, Subtitle 13, Chapter 35C, Section 35C.1, as amended by Ch. 179 (S.F. 478), L. 2009, effective May 26, 2009 and Ch. 150 (S.F. 186), L. 2009, effective Aug. 15, 2009. Para 16-21,750.01.

Wage Payment Law

A rule of the Labor Services Division of the Iowa Workforce Development relating to civil penalties for violations of Iowa’s Wage Payment Collection Law (Ch. 91A) has been adopted as amended to increase the gross penalty for each distinguishable violation from $100 to $500. This rule implements Iowa Code Chapter 91A and House File 618, L. 2009, which increased the civil money penalty to $500, effective July 1, 2009 (see Iowa Code Section 91A.12). Under this rule, the Labor Commissioner may assess civil money penalties for violations, with consideration given to the size of the employer’s business, the gravity of the violation, the good faith of the employer, and the history of previous violations by granting penalty reductions (875 IAC 34.3(2), adopted as amended effective November 11, 2009, at IA ¶16-1200).

Unemployment Insurance Law

Effective January 1, 2010, the taxable wage base in Louisiana will be $7,700, up from $7,000 in 2009. Currently, the amount of remuneration subject to unemployment insurance taxes depends on the applied trust fund range in effect. In other words, the standard wage base of $8,500 is adjusted depending on upward or downward trends of the trust fund range. As a result, the wage base may be $7,000, $7,700 or $8,500, depending on the trust fund balance (LA ¶19-1700).

Recordkeeping/Posters Law

The state's minimum wage poster has been updated (ME ¶20-9900).

Unemployment Insurance Law

The maximum weekly benefit amount in Massachusetts effective October 4, 2009, is $629 (MA ¶22-1700).

Minimum Wage Law

The minimum wage rate will remain unchanged at $7.25 per hour effective January 1, 2010, due to a decrease in the consumer price index. The Director of the Missouri Department of Labor and Industrial Relations is required to adjust the state minimum wage each year on September 30, to take effect the following January, based on any increase or decrease in the cost of living, with the amount of the minimum wage increase or decrease rounded to the nearest five cents. Although the consumer price index decreased for the relevant time period, the Department noted that the decrease in the CPI would not cause the state's minimum wage rate to decrease because the rate cannot be lower than the federal minimum wage amount (Source: Missouri Department of Labor and Industrial Relations (DOLIR), Division of Labor Standards, Minimum Wage Rate Notice, September 30, 2009, at MO ¶26-1000).

Recordkeeping/Posters Law

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

Criminal Background Checks Rules

This regulation adds a new Part 402 to Title 10 NYCRR, which relates to prospective unlicensed employees of nursing homes, certified home health agencies, licensed home care services agencies and long term home health care programs who will provide direct care or supervision to patients, residents or clients of such providers. The regulation establishes standards and procedures for criminal history record checks required by statute. Provisions govern the procedures by which fingerprints will be obtained and describe the requirements and responsibilities of the Department and the affected providers with regard to this process. This notice is intended to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, Title 10, Chapter V, Subchapter A, Article 1, Part 401, Sections 402.1 through 402.10, as adopted emergency Effective until Nov. 9, 2009. Paras 33-23,651.01 through 33-23,651.10.

Minimum Wage Law

The minimum wage in Ohio will remain unchanged at $7.30 per hour in 2010. For tipped employees, the minimum wage remains at $3.65 per hour, plus tips. Ohio's minimum wage applies to employers who gross more than $267,000 per year (Ohio Department of Commerce News Release, October 1, 2009).

The constitutional amendment passed by voters in November 2006 states that Ohio's minimum wage shall increase on January 1 of each year by the rate of inflation. The wage is tied to the Consumer Price Index (CPI) for urban wage earners and clerical workers for the 12-month period prior to September. This index declined by 0.2 percent from September 1, 2008, to August 31, 2009, resulting in no change to the state minimum wage.

For employees at companies grossing $267,000 or less per year and for 14- and 15-year-old workers, the state minimum wage is $7.25 per hour (OH ¶36-1000).

Rules of Practice and Procedure of the Commission for Human Rights

A charge is filed with the Commission on the date when it is either: (A) Hand-delivered in person or by delivery service to the Commission office; (B) Received by mail at the Commission office; or (C) Received by the Commission facsimile machine. 94-040-002, Rule 4, Section 4.061, as adopted effective Sept. 1, 2009. Para 41-20,125.04.

Unemployment Insurance Law

The maximum weekly benefit amount in Texas, effective October 4, 2009, is $406. The minimum weekly benefit amount is $59 (TX ¶45-1700).

Fair Employment Practices Act

The Vermont Fair Employment Practices Act (VFEPA) provides for individual liability, ruled the Vermont Supreme Court as it reversed and remanded an employee's discrimination claim. The employee filed suit for several claims including sexual harassment and discrimination, naming several supervisors in their individual capacity. Many states analyze their fair employment protections acts like Title VII, which does not permit individual liability for employees or supervisors, the supreme court noted. However, the state high court held the VFEPA differs for several reasons. Its definition of employer is “markedly and substantially different” than that used in Title VII. Finding it had no duty to interpret VFEPA “identically” to Title VII, the court refused to adopt an interpretation of VFEPA “solely because the federal courts, including the US Supreme Court, have so interpreted Title VII.” Further, Vermont's law “expressly includes” any employer, even if it has only one employee within the state, and includes “any agent,” regardless of size. In addition, citing its penalty and unrestricted damages provisions, the court noted the VFEPA does not limit its remedies to relief typically available just from employers. The plain statutory language “encompasses individual supervisors and managers whose conduct violates” VFEPA. Moreover, allowing such lawsuits is consistent with those statutes' remedial purpose: “to deter and to eradicate discrimination in [the state]” (Payne v US Airways, VtSCt, September 25, 2009, at VT ¶47-2500).

Minimum Wage Law

The minimum wage in Vermont will remain at $8.06 per hour during year 2010, according to the Vermont Department of Labor. Annual increases in the state minimum wage rate are based on increases in the August Consumer Price Index (CPI) or five percent, whichever is smaller. The August CPI fell by 1.5% for the period September 1, 2008, to August 31, 2009. Vermont law does not allow the minimum wage to decline, so it will remain the same as for 2009, at $8.06 per hour. The minimum wage for tipped employees will also remain the same, at $3.91 per hour (Source: State of Vermont Department of Labor Press Release, October 19, 2009, at VT ¶47-1000).

Unemployment Insurance Law

For 2010, the taxable wage base in Washington will be $36,800, an increase of $1,100 from the 2009 amount of $35,700 (WA ¶49-1700).

Criminal Background Checks Rules

The term “substitute caregiver” was added to the definitions. Also, the list of crimes currently listed under s. 50.065 (1) (e), Stats., which entities already use to determine an individual’s eligibility to work for the entity as a caregiver, added the following additional crimes: (1) theft; (2) robbery; (3) financial card transaction crimes; (4) identity theft; and (5) drug crimes. Chapter HFS 12, Sections HFS 12.03 and HFS 12.115, as amended effective July 1, 2009. Paras 52-23,650.03 and 52-23,650.115.

Discrimination Against Military Personnel

Private and public employers, who employ at least 11 individuals, shall not refuse to hire or employ an individual, terminate an individual from employment, or discriminate against an individual in promotion, in compensation, or in the terms, conditions, or privileges of employment because the individual is or applies to be a member of the Civil Air Patrol or because the individual performs, has performed, applies to perform, or has an obligation to perform service in the Civil Air Patrol. Chapter 321, Sections 321.65 and 321.66, as amended and enacted by Act 42 (A.B. 316), L. 2009, effective Oct. 21, 2009 and Act 56 (A.B. 132), L. 2009, effective Nov. 12, 2009. Paras 52-21,150.01 and 52-21,150.02.

Unemployment Insurance Law

For 2010, the taxable wage base in Wyoming will be $22,800. This is an increase of $1,300 over the taxable wage base amount of $21,500 that has applied in 2009 (WY ¶52-1700).