State Law Changes

October 20, 2010 Update

No Updates as of October 20, 2010

Backlash mounting against controversial immigration law

Two city councils in Arizona voted to sue the state in order to overturn the controversial immigration law passed earlier this year, and five Arizona cities have petitioned the Ninth Circuit Court of Appeals to uphold an injunction barring enforcement of certain parts of the bill, further indications of a backlash against the measure. Most controversially, the bill would require law enforcement officers to question anyone whom they believe may be an undocumented alien. Published reports indicate that the City Council of Tucson acted because it believed that the requirement was harming the economy of the city.

Display of Nooses in the Workplace Law

Nonsubstantive changes in the provisions of law were made to effectuate the recommendations made by the Legislative Counsel to the Legislature. Penal Code, Part 4, Title 1, Chapter 3, Article 4.5, as amended by S. 1330, L. 2010, effective Jan. 1, 2011. Para 5-50,151.01.

Family, Medical and Parental Leaves Law

California has amended its Labor Code with the signing of S. 1304, the Michelle Maykin Memorial Donation Protection Act, on September 30, 2010. Existing California law requires that employees of the state who have exhausted all available sick leave be permitted to take a leave of absence with pay, not exceeding 30 days for the purpose of organ donation and not exceeding five days for bone marrow donation, as prescribed.

Effective January 1, 2011, S. 1304 will require private employers to permit employees to take similar paid leaves of absence for organ and bone marrow donation. The law will require a private employer to restore an employee returning from leave for organ or bone marrow donation to the same position held by the employee when the leave began or an equivalent position. The law will prohibit a private employer from interfering with an employee taking organ or bone marrow donation leave and from retaliating against an employee for taking that leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. The law will also create a private right of action for an aggrieved employee to seek enforcement of these provisions.

Health Insurance Benefit Coverage Law

California Governor Arnold Schwarzenegger has signed into law AB 1602 and SB 900 creating the California Health Benefit Exchange, an entity that will assist California consumers and small businesses in shopping for and buying health insurance. The signing makes California the first state in the country to begin the process of creating its own health insurance exchange, a major cornerstone in the recently enacted federal overhaul of health insurance.

Schwarzenegger signed AB 1602 and SB 900 to create the new system. He signed SB 1163, which is intended to enforce greater transparency about premium rates charged by health plans, and SB 1088, which will allow individuals to remain on their parents’ plan until they turn 26. The governor also signed three other bills which mirror requirements in the federal law, including one which would bar insurers from denying coverage to children because of a pre-existing condition.

Schwarzenegger also announced a new website that provides information about health care reform implementation in California. It also broadly details the basics of California’s health reform law.

“California’s health care system is complex, and it will take the resources, talent and collaborative efforts of state officials, providers, community leaders and others to make sure the new federal law succeeds in our state,” said California Health and Human Services Agency Secretary Kim Belshe, who chairs the Governor’s Health Care Reform Task Force.

Meal and Rest Periods Law

California Governor Arnold Schwarzenegger signed legislation on September 30 that adds exemptions to meal period requirements. Currently, California law requires, with certain exceptions, that an employer can not require employees to work for more than five hours in a work day without providing a meal period, and authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after six hours of work if the order is consistent with employees' health and welfare. Assembly Bill 569 amends this law to exempt employees in a construction occupation, commercial drivers, employees in the security services industry employed as security officers, and employees of electrical and gas corporations or local publicly owned electric utilities if those employees are covered by a valid collective bargaining agreement containing specified terms, including meal period provisions (State of California Office of the Governor Press Release, GAAS-663-10, September 30, 2010; http://gov.ca.gov/press-release/16099/) (CA ¶5-1400).

Organ and Bone Marrow Donation Leave

California has amended its Labor Code with the signing of S. 1304, the Michelle Maykin Memorial Donation Protection Act, on September 30, 2010. The law will require private employers to permit employees to take paid leaves of absence for organ and bone marrow donation. Also, private employers will be required to restore an employee returning from leave for organ or bone marrow donation to the same position held by the employee when the leave began or an equivalent position. The law will prohibit a private employer from interfering with an employee taking organ or bone marrow donation leave and from retaliating against an employee for taking that leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. The law will also create a private right of action for an aggrieved employee to seek enforcement of these provisions. Labor Code, Division 2, Part 5.5, Sections 1508 through 1513, as enacted by Ch. 626 (S. 1304), L. 2010, effective Jan. 1, 2011. Paras 5-22,951.01 through 5-22,951.06.

Preemployment Inquiries Law

The state has enacted a law requiring the State Chief Information Officer to require fingerprint images and associated information from an employee, prospective employee, contractor, subcontractor, volunteer, or vendor whose duties include, or would include, access to confidential or sensitive information (Ch. 282 (S. 1055), L. 2010, at CA ¶5-9000).

Recordkeeping/Posters Law

The state’s workers’ compensation poster (English and Spanish) has been updated, effective October 8, 2010 (CA ¶5-9900).

Veterans’ Preference in Public Employment Law

Under the State Civil Service Act, veterans of the Armed Forces who take an entrance examination for state employment are allowed extra points by virtue of their status as veterans. Beginining January 1, 2011, members of the armed forces who successfully passes a state civil service examination and is placed on an employment list becomes qualified for the veterans’ preference 12 months after the establishment of the employment list. Currently, a member of the Armed Forces who successfully passes a state civil service examination and becomes qualified for the veterans' preference within 6 months after the establishment of the employment list. Title 2, Division 5, Part 2, Chapter 4, Article 4, Section 18974.5, as amended by Ch. 237 (A. 1729), L. 1020, effective Jan. 1, 2011. Para 5-21,750.045.

Accrued Safe and Sick Leave Rules

The Director of the Department of Employment Services, pursuant to the authority set forth in sections 11 and 14 of the Accrued Sick and Safe Leave Act of 2008 (Act), effective May 13, 2008 (D.C. Code § 32-131.10 and 131.13 (2008 Supp.) and Mayor’s Order 2008-153, dated November 6, 2008, hereby gives notice of the adoption of a new Chapter 32 entitled “Accrued Sick and Safe Leave” to Title 7 (“Employment Benefits”) of the District of Columbia Municipal Regulations (DCMR). These rules implement the provisions of the Accrued Sick and Safe Leave Act. Title 7, Chapter 32, Sections 3200 through 3299, as adopted effective June 18, 2010. Paras 9-22,501.01 through 9-22.501.99.

Preemployment Inquiries Law

The state has extensively revised its background screening requirements (Ch. 2010-114 (H. 7069), L. 2010, at FL ¶10-9000).

Organ, Bone Marrow and Blood Donation Leave-Public Employment Rule

Public employees are permitted to take up to two hours of paid time off to donate blood, up to four times each calendar year. Those employees who donate an organ are entitled to 30 days paid leave, while employees donating bone marrow are entitled to 7 paid days. For paid organ and bone marrow donation, an employer may require a written statement from a medical practitioner who will be performing the transplant procedure or a hospital administrator indicating that the employee is making an organ donation. Title 478, Chapter 478-1, Sections 478-1.16(13) and 478-1.16(14), as amended effective July 16, 2010. Paras 11-23,000.01 and 11-23,000.02.

Preemployment Inquiries Law

Effective January 1, 2011, all educators employed by a local unit of administration will be required to hold a valid clearance certificate issued by the Professional Standards Commission that verifies completion of fingerprint and background check requirements (Act 408 (H. 1079), L. 2009, enacted May 20, 2010, at GA ¶11-9000).

Religious Discrimination Law

Idaho now prohibits discrimination against health care professionals who decline to provide certain health care services that violate their conscience (Ch. 127 (S. 1353), L. 2010, at ID ¶13-2900).

Religious Discrimination Law

It shall be unlawful for any employer to discriminate against any health care professional based upon his or her declining to provide a health care service that violates his or her conscience, unless the employer can demonstrate that such accommodation poses an undue hardship. Title 18, Chapter 6, Section 18-611, as enacted by Ch. 127 (S. 1353), L. 2010, effective July 1, 2010. Para 13-20,250.21.

Unemployment Insurance Law

On January 1, 2012, the taxable wage base will increase to $9,000. Afterwards, it will increase by an additional $300 on January 1 of each subsequent year to 2022, not to exceed $12,000 (KY ¶18-1700).

COBRA Law

Upon the termination of or layoff from employment of an eligible employee, the employer shall inform the employee within 14 days (formerly, 10 days) after termination or layoff of the right to elect to continue health insurance coverage (Ch. 384 (S. 2839), L. 2010, at MN ¶24-4200).

Overtime Pay Law

An employer did not violate the Minnesota Fair Labor Standards Act by failing to pay its managerial employees overtime because they were properly classified as exempt employees, ruled the Minnesota Supreme Court (Erdman v Life Time Fitness, Inc, September 9, 2010, Anderson, P). As they were guaranteed a predetermined weekly wage for each workweek, the managers received a “salary” within the plain meaning of Rule 5200.0211, the supreme court held (MN ¶24-1100).

Supporting the Selection and Employment of Veterans in State Employment (E.O. 10-13)—Topic added

Governor Tim Pawlenty Executive Order 10-13 on Sept. 9th, 2010, directing State departments and associated agencies, boards, and commissions to continuously review and revise policies and procedures, and conduct increased outreach in order to engage and employ veterans as part of their hiring or selection process. The order directs state departments and associated agencies, boards, and commissions to continuously review and revise policies and procedures, and conduct increased outreach in order to engage and employ veterans as part of their hiring or selection process. State departments and agencies are required to provide information so that veterans and family members are aware of and take advantage of the benefits to which they are entitled.

The Minnesota Management & Budget (MMB) is the lead agency for the review and resolution of legal issues or conflicting rules and policies with respect to state veterans’ hiring practices. As a supporting agency, the MMB shall, but it is not limited to: (1) disseminate information to human resources personnel regarding veterans’ hiring, retention, and resolution processes; (2) coordinate training presentations conducted by the Minnesota Department of Veterans Affairs; and (3) collect reports from state agencies regarding their efforts to increase veterans’ employment in state agencies. Executive Order 10-13, signed Sept. 9th, 2010, effective Oct. 5, 2010. Para 24-21,751.

Criminal Background Checks Law

In addition to the requirements mandated by the Board of Nursing, all registered nurse and licensed practical nurse applicants must undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which will be forwarded to the Mississippi Department of Public Safety and the Federal Bureau of investigation Identification Division. Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act. Title 73, Chapter 15, Sections 73-15-19 and 73-15-21, as amended by Ch. 464 (H. 694), L. 2010, effective July 1, 2010. Paras 25-23,600.61 and 25-23,600.62.

Preemployment Inquiries Law

The Department of Rehabilitation Services is now authorized to fingerprint and perform criminal background checks on persons performing services for or on behalf of the department, and to use the results of the fingerprinting and background checks for the purposes of employment decisions (Ch. 473 (H. 1485), L. 2010, at MS ¶25-9000).

Minimum Wage Law

The minimum wage rate in Missouri will remain at its 2010 rate of $7.25 per hour for 2011. Employers engaged in retail or service businesses whose annual gross income is less than $500,000 are not required to pay the state minimum wage rate. Employers not subject to either the state or federal minimum wage law can pay employees wages of their choosing (Missouri Department of Labor and Industrial Relations, Division of Labor Standards, Minimum Wage Rate Notice, September 22, 2010, at MO ¶26-1000).

Minimum Wage Law

Montana's minimum wage will increase from $7.25 per hour to $7.35 per hour on January 1, 2011. “Montana Law requires an adjustment to the minimum wage to be calculated no later than September 30, of each year,” said Labor Commissioner Keith Kelly (Montana Department of Labor and Industry, Commissioner's Office, Press Release, October 1, 2010; http://www.dli.mt.gov/media/releases/10012010minWage.pdf).

Initiative 151, enacted by Montana voters in 2006, proposed raising the state's minimum wage to be the greater of either the current state or federal minimum wage. It also added an annual cost-of-living adjustment to the state minimum wage.

The increase in the minimum wage is based upon any increase in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items (CPI) from August of the preceding year to August of the year in which the calculation is made. This amount is to be rounded to the nearest five cents.

The current minimum wage rate is $7.25. Based on an increase in the CPI of 1.119% from August 2009, to August 2010, the calculation used for determining the minimum wage rate for 2009 is as follows: $7.25 X .0111% = $.08, rounded to $0.10 (MT ¶27-1000).

Unemployment Insurance Law

The taxable wage base in Montana for 2011 will be $26,300, an increase of $300 from the 2010 taxable wage base of $26,000 (MT ¶27-1700).

Read IRN                    Read IntelliConnect

Child Support Enforcement Law

New Hampshire child support rules have been amended to provide that, in cases of unpaid child support, any lump-sum payment made to an employee is subject to an income assignment up to the amount of the arrearage. “Lump-sum payment” is defined to mean any income paid or payable to the obligor as severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or any other similar payments, excluding income paid or payable to the employee as usual earnings on regular paydays and further excluding reimbursement for employment-related expenses incurred by the employee (Ch. 370 (S. 458), L. 2009, enacted July 23, 2010, at NH ¶30-5500).

Criminal Background Checks Law

Nonpublic schools and public academies are required to submit a criminal history records check through the division of state police and will permit nonpublic schools to obtain a criminal history records check for selected applicants for employment and selected volunteers. Student teachers and student interns shall submit a criminal history records check upon enrollment in a teacher preparation program, but shall not be required to submit additional criminal history records checks if the student teacher or student intern maintains continuous enrollment in the teacher preparation program. Title XV, Chapter 189, Sections 189:13a and 189:39b, as amended by Ch. 318 (H. 1286), L. 2009, effective Sept. 18, 2010. paras 30-23,600.01 and 30-23,600.03.

Unemployment Insurance Law

New Hampshire has amended its Unemployment Compensation Law to expand the definition of “gross misconduct” as it relates to disqualification for benefits (NH ¶30-1700).

Disability Discrimination Law

New Jersey’s Law Against Discrimination (LAD) may allow employees to state freestanding claims for failure to accommodate a disability, a unanimous New Jersey Supreme Court stated, even where a discrimination plaintiff has failed to allege that he or she suffered an adverse employment action (Victor v State of New Jersey, September 13, 2010, Hoens, H). However, the supreme court declined to decide this “important question” in the case before it, finding the record “inappropriate” in this instance, where the plaintiff failed to make out a prima facie case that he was disabled or that he had sought a reasonable accommodation (NJ ¶31-2600).

Health Insurance Benefit Coverage Law

References to “mental retardation” have been changed to “intellectual disability” (Ch. 50 (S. 1982), L. 2010, at NJ ¶30-1700).

Law Against Discrimination may provide a stand-alone cause of action for failure to accommodate, unanimous Supreme Court states, but does not decide

New Jersey’s Law Against Discrimination (LAD) may allow employees to state freestanding claims for failure to accommodate a disability, a unanimous New Jersey Supreme Court stated, even where a discrimination plaintiff has failed to allege that he or she suffered an adverse employment action (Victor v State of New Jersey, September 13, 2010, Hoens, H). However, the supreme court declined to decide this “important question” in the case before it, finding the record “inappropriate” in this instance, where the plaintiff failed to make out a prima facie case that he was disabled or that he had sought a reasonable accommodation.

The plaintiff, a state trooper, asserted, among other claims that the state police improperly failed to accommodate his back injury. While he claimed he was injured, he had not called in and asked for medical leave, he had not consulted a physician, and he had not attempted to contact department medical personnel about a change in his duty status. Instead, he asked to perform administrative tasks in the station rather than go on road patrol, stating that the protective vest the officers were required to wear on patrol would exacerbate his injury. After his request was denied, he stayed out on road patrol for four of the six hours remaining on his shift, then returned to the station and took sick leave for the final two hours of his shift and for his next three shifts. It was this incident that formed the basis of his failure to accommodate claim.

In a split verdict, a jury found the state police had unlawfully failed to accommodate the trooper, although the jury instructions did not include any reference to an adverse employment consequence as a required element of the plaintiff’s case. In denying that relief, the trial court reasoned “if you prove failure to accommodate, that failure is in and of itself an adverse employment action.” The state police appealed, contending the jury charge was flawed because it omitted the adverse job action element. The appellate division ruled on behalf of the state police, concluding proof of an adverse employment action is a required element of a failure to accommodate claim under the LAD, and remanding for a new trial.

Concurring with the appellate division that the verdict against the state police must be reversed and the case remanded, the supreme court stressed that it did not do so based on the appellate court’s conclusion that there can be no failure to accommodate claim if an employee has not suffered an adverse employment action. Citing the state legislature’s intent in enacting the LAD and the “broad remedial purpose” of the statute, the supreme court declined to adopt the appellate court’s legal holding, but refrained from ruling on the issue as a matter of law. “Regardless of whether or not there is room in the LAD’s strong protective embrace of persons with disabilities to recognize that there may be circumstances in which a failure to accommodate in and of itself gives rise to a cause of action,” wrote the court, it found the plaintiff here simply could not make out a prima facie case.

“Indeed, it is difficult for us to envision factual circumstances in which the failure to accommodate will not yield an adverse consequence,” wrote the court. “But there may be individuals with disabilities who request reasonable accommodations, whose requests are not addressed or are denied, and who continue nonetheless to toil on.”

Health Insurance Benefit Coverage Law

The state’s Insurance Law has been amended with respect to dialysis services (S. 1803, L. 2009, enacted August 30, 2010, effective January 1, 2011, at NY ¶33-4000).

Plant Closing Law

The New York State Department of Labor has filed a Notice of Adoption of regulations implementing the state Worker Adjustment and Retraining Notification (WARN) Act (12 NYCRR Part 921) effective and enforceable on October 3, 2010 (New York State Department of Labor Notice, October 3, 2010). The final regulations are unchanged from proposed regulations filed with the Department's Notice of Emergency Adoption of Revised/Proposed Regulations on July 9, 2010, and published in the July 28, 2010, issue of the New York State Register. Emergency regs expired September 6, 2010, which left a gap in effectiveness and enforceability from September 6 to September 15. The Department also filed and adopted emergency regulations to cover the gap period (NY ¶33-3500).

Unemployment Insurance Law

The current maximum weekly benefit amount in North Carolina is $506. The current minimum weekly benefit amount is $43 (NC ¶34-1700).

Minimum Wage Law

The minimum wage in Ohio will increase on January 1, 2011, to $7.40 per hour for non-tipped employees, and to $3.70 per hour for tipped employees, plus tips, according to the Ohio Department of Commerce (Ohio Department of Commerce Press Release, September 30, 2010; http://www.com.ohio.gov/laws/docs/laws_MinimumWage2011.pdf).

Ohio's current minimum wage is $7.30 per hour for non-tipped employees and $3.65 per hour for tipped employees, plus tips.

On January 1, 2011, the increased minimum wage will apply to employers who gross more than $271,000 per year. Currently, Ohio's minimum wage applies to employers who gross over $267,000 per year.

The Constitutional Amendment passed by Ohio 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. The CPI rose 1.4 percent from September 1, 2009, to August 31, 2010. The Amendment also states that the wage rate shall be rounded to the nearest five cents.

For employees at smaller companies (grossing $267,000 or less per year, or $271,000 or less per year after January 1, 2011) and for 14- and 15-year-olds, the state minimum wage is $7.25 per hour. For these employees, the state wage is tied to the federal minimum wage of $7.25 per hour, which requires an act of Congress and the President's signature to change.

Criminal Background Checks Law

The list of persons who may not be hired or contracted by long term care facilities due to their criminal history was expanded. Title 63, Chapter 1, Article 10, Section 1950.1, as amended by S. 1289, L. 2009, effective Nov. 1, 2010. Para 37-23,600.31.

Military and Emergency Services Leave Law

Oklahoma law provides that employees in the executive branch of state government who are certified disaster service volunteers of the American Red Cross may take a paid leave of up to 15 days in a 12-month period to participate in specialized disaster relief services within Oklahoma. Effective November 1, 2010, disaster service volunteer leave will be extended to members of the United States Air Force Auxiliary Civil Air Patrol (S. 2260, L. 2009, effective November 1, 2010, at OK ¶37-7200).

Minimum Wage Law

Oregon Labor Commissioner Brad Avakian announced on September 20 that the state's minimum wage will rise to $8.50 per hour next year. The 10-cent increase mirrors a 1.15% increase in the Consumer Price Index since August 2009. Oregon's minimum wage rate has been $8.40 per hour since January 1, 2009 (Oregon Bureau of Labor and Industries Press Release, September 20, 2010, at OR ¶38-1000).

Preemployment Inquiries Law

The Third Circuit has affirmed most of a lower court’s ruling that bars enforcement of two Hazleton, Pennsylvania, ordinances that attempt to regulate the employment of, and provision of rental housing to, certain aliens. Although its analysis departed from that of the lower court, the Third Circuit reached the same conclusion: that Hazleton’s Illegal Immigration Relief Act Ordinance and Rental Registration Ordinance are preempted by federal law. The appeals court affirmed in part and reversed in part the district court’s order permanently enjoining Hazleton’s enforcement of the measures (Lozano v City of Hazleton, September 9, 2010, McKee, T).

Criminal Background Checks Law

Any county may, by ordinance, require any person over eighteen years of age seeking employment with the county to submit to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. The ordinance shall specify which occupations or positions require a criminal background check. Sec. 1, not yet codified, as enacted by H. 1082, L. 2010, effective July 1, 2010. Para 43-23,600.81.

Military and Emergency Services Leave Law

Tennessee Goveror Phil Bredesen has signed Executive Order No. 70 to extend for another year the special leave with partial pay granted to executive branch employees who are Tennessee National Guard and Reserve members serving in operations undertaken in response to the terrorist attacks of September 11, 2001, and other operations including Enduring Freedom, Joint Endeavor, Noble Eagle and Iraqi Freedom (State of Tennessee Office of the Governor Press Release, August 26, 2010).

Additionally, the order extends for another year special leave with partial pay to executive branch employees who are Tennessee National Guard and Reserve members called to active duty by the President of the United States to assist in relief efforts related to the earthquake that struck Haiti on January 12, 2010.

For executive branch employees called to active duty, the state of Tennessee pays the difference between their regular state salary and their respective Guard or Reserve pay. In addition, employees continue to accrue sick leave, annual leave, longevity pay and service towards retirement (TN ¶44-7200).

Criminal Background Checks 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. Title 53A, Sections 53A-3-410 and 53A-6-401, as amended by H. 81, L. 2010, effective May 11, 2010. Paras 46-23,600.01 and 46-23,600.05.

Criminal Background Checks Law

Upon completion of a criminal record check, the Vermont criminal information center shall send to the superintendent a notice that no record exists or, if a record exists, a copy of any criminal record. For headmasters, the Vermont criminal information center shall send to the headmaster a notice that no record exists or, if a record exists: (1) a copy of Vermont criminal convictions and (2) a notice of any criminal record which is located in either another state repository or FBI records, but not a record of the specific convictions. However, if there is a record relating to any crimes of a sexual nature involving children, the Vermont criminal information center shall send this record to the commissioner who shall notify the headmaster in writing, with a copy to the person about whom the request was made, that the record includes one or more convictions for a crime of a sexual nature involving children. Title 16, Part I, Chapter 5, Sections 252 and 255, as amended by Act 108 (S. 161), L. 2009, effective July 1, 2010. Paras 47-23,600.02 and 47-23,600.05.

Criminal Background Checks Law

The state has ratified the National Crime Prevention and Privacy Compact. Title 20, Section 2065, as enacted by Act 108 (S. 161), L. 2009, effective July 1, 2010. Para 47-23,601.08.

Unemployment Insurance Law

For 2011, the taxable wage base in Wyoming will be $22,300. This is a decrease of $500 from the 2010 taxable wage base amount of $22,800 (WY ¶52-1700).