State Law Changes

September 30, 2008 Update

No Updates as of September 30, 2008

Minimum Wage Law

The minimum hourly wage in Arizona will increase from $6.90 to $7.25, effective January 1, 2009, according to the Industrial Commission of Arizona (Industrial Commission of Arizona Press Release, September 24, 2008, at AZ ¶3-1000).

In accordance with Arizona's Minimum Wage Initiative, the Industrial Commission is required to adjust the state's minimum wage annually.

Based upon the Department of Labor's Consumer Price Index (CPI) for All Urban Consumers for August 2007, the unadjusted 12 months CPI rate ending in August 2008 for “all items” category increased by 5.4%. Using this figure as the adjusting factor, the minimum wage ($6.90) will increase by 37.26 cents to $7.2726. Given the initiative requirement that all increases must be rounded to the nearest five cents, the new minimum wage (effective January 1, 2009) will be $7.25 per hour.

This change will mean that Arizona's minimum wage in 2009 will continue to exceed the federal minimum wage through the first half of 2009. The federal minimum wage increased to $6.55 per hour in July of 2008, and is scheduled to increase in July of 2009 to $7.25 per hour, at which time the Arizona and federal minimum wage rates will be the same.

Preemployment Inquiries Law

The Ninth Circuit Court of Appeals upheld the legality of Arizona’s employer sanctions law, which suspends and revokes the business licenses of employers that intentionally or knowingly employ workers who are unauthorized to work in the United States (CPLC v Napolitano, 9thCir, Nos 07-17272, 07-17274, 08-15357, 08-15359, 08-15360. Decided September 17, 2008. AZ ¶3-9000).

Recordkeeping/Posters Law

The state's Work Exposure to MRSA, Spinal Meningitis, or TB poster has been added (AZ ¶3-9900).

Preemployment Inquiries Law

The state has enacted a law requiring the Department of Education to respond to a background query concerning a prospective employee within a certain amount of time. The law also directs a school district to report to the department after a dismissal or resignation as a result of an allegation of unlawful behavior with a child that is supported by a preponderance of the evidence (H. 1344, L. 2008, at CO ¶6-9000).

Child Labor Law

Technical corrections have been made to the state's child labor law with respect to civil penalties and stop-work orders (P.A. 08-75 (S. 366), L. 2008, at CT ¶7-1500).

Criminal Background Checks Rules

Substitute teachers shall be considered continuously employed when they have worked 45 days in the prior school year in any combination of Delaware school districts or charter schools. Persons who have participated in a Student Teaching Assignment and who have fulfilled the requirements of 14 DE Admin. Code 746 shall be considered continuously employed if they participated for 45 days in the prior school year in the school district or charter school they are seeking public school related employment. Title 14, Section 14-700-745, as amended effective Sept. 11, 2008. ¶8-23,650.01.

Criminal Background Checks Law

District agencies considered covered child or youth services providers are required to undergo a criminal background check and traffic record checks as a condition of employment. Title 6, Chapter 4, Section 414, as amended effective Aug. 15, 2008. ¶9-23,650.03.

Violence in the Workplace Law

The Second Firearms Control Emergency Amendment Act of 2008, effective September 16, 2008, clarifies that rifles and shotguns may not be carried unless provided by law (Act 502 (B. 925), L. 2007, enacted September 16, 2008, at DC ¶9-3300).

Health Insurance Benefit Coverage Law

The state has amended its provisions relating to mandatory health coverage for bone marrow transplants, effective January 1, 2009 (Ch. 2008-119 (H. 535), L. 2008, at FL ¶10-4000).

Also, the state has amended its dependent coverage provisions (Ch. 2008-32 (S. 2534), L. 2008, at FL ¶10-4000).

Recordkeeping/Posters Law

The state now specifically prohibits persons from using the internet or electronic mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority of such business. No employer or person shall be held criminally liable when protected computers, computer equipment, or software products have been used by unauthorized users to violate the prohibitions (Act 529 (S. 24), L. 2007, enacted May 12, 2008, at GA ¶11-9900).

Criminal Background Checks Law

Provisions relating to the licensure child care facilities, child caring institutions and foster homes and the employment of their personnel have been amended. Division 1, Title 20, Chapter 346, Section 346.154, as amended by Act 136 (S.B. 3051), L. 2007, effective July 1, 2008. ¶12-23,600.21.

Employees, prospective employees, and volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services shall be required to agree to criminal history record checks. Title 20, Chapter 352D, Section 352D.4.3, as amended by Act 136 (S.B. 3051), L. 2007, effective July 1, 2008. ¶12-23,600.41.

The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment. Division 5, Title 38, Chapter 846, Section 846-2.7, as amended by Act 136 (S.B. 3051), L. 2007, effective July 1, 2008. ¶13-23,601.03.

Preemployment Inquiries Law

The state has amended its law relating to criminal history background checks for social services program workers (Act 136 (S. 3051), L. 2007, enacted June 3, 2008, at HI ¶12-9000).

Genetic Information Privacy Act

The State of Illinois, any unit of local government, and any board, commission, department, institution, or school district, any party to a public contract, is prohibited from requiring genetic information as a condition of employment, pre-employment, union membership, licensure, or in furtherance of a wellness program. The law also provides exemptions for employers conducting analysis for law enforcement or to ascertain the biological effects of workplace toxic substances. Chapter 410, Sections 513/10, 513/25, 513/40 and 513/50, as amended and enacted by P.A. 95-0927 (S.B. 2399), L. 2007, effective Jan. 1, 2009. 14-22,150.03, 14-22,150.04, 14-22,150.07, and 14-22,150.09.

Genetic Testing Law

As previously reported, Illinois has amended its Genetic Information Privacy Act so that it will apply to state and local governments. Also, employers will be prohibited from requiring genetic information as a condition of employment, preemployment, or in furtherance of a wellness program. There are exemptions for employers conducting analysis for law enforcement or to ascertain the biological effects of workplace toxic substances (S. 2399, L. 2007, enacted August 26, 2008, effective June 1, 2009, at IL ¶14-8700).

Health Insurance Benefit Coverage Law

Illinois Governor Rod R. Blagojevich took action on September 12, 2008, to certify the improvements made to House Bill 5285. With this action, the bill became law, and parents will be able to extend their dependents' coverage until their 26th birthday, or, in the case of veterans, until their 30th birthday. This action follows the General Assembly's bi-partisan vote to accept the Governor's amendatory veto to improve the bill. This legislation will take effect June 1, 2009 (Illinois Office of the Governor Press Release, September 12, 2008).

According to the governor, over 300,000 Illinoisans between the ages of 19 and 25 are uninsured, and many of these uninsureds lack the means and opportunity to get affordable health insurance coverage. Being able to stay on their parents' or guardians' health plans will allow thousands of young adults to keep or get access to more affordable coverage, get regular checkups and receive preventable care. With the Governor's action, Illinois will have the second strongest law in the nation with regard to expanded dependent coverage. Illinois does not currently have an age requirement for dependent coverage. Instead, insurers define dependent on a policy to policy basis, which most often means that parents do not even have the choice to extend this coverage to their dependent children. Families will have a three-month period once their policy is renewed after this legislation becomes effective (June 1, 2009) to add their dependent onto their policy. For every year thereafter, parents will be able to enroll their dependents during their policies' regular open enrollment period.

Illinois veterans who are still considered dependents will be able to stay on their parents' insurance until their 30th birthday. Currently, all active duty national guardsmen or reservists have health insurance that ends six months after their leave of the military, unless they have a service-connected disability. After those six months are up, they need to find their own health coverage, which can be difficult for a person returning from military service, who may not yet have reliable employment (P.A. 958 (H. 5285), L. 2007, enacted September 12, 2008, at IL ¶14-4000).

In other health insurance news, the Illinois Insurance Code has been amended (1) to add anorexia nervosa and bulimia nervosa to the list of psychiatric illnesses constituting “serious mental illness” (H. 1432, L. 2007, enacted September 22, 2008, at IL ¶14-4000); and (2) to require coverage of treatment for mental, emotional or nervous disorders by a licensed marriage and family therapist when the insurance otherwise covers mental, emotional or nervous disorders and conditions. Prior law did not include marriage and family therapists in its list of authorized providers (H. 953, L. 2007, enacted September 22, 2008, at IL ¶14-4000).

Minimum Wage Law

The state has amended its minimum wage law to exempt a day camp counselor from the adult minimum wage if specified requirements are met (H. 4583, L. 2007, at IL ¶14-1000).

Preemployment Inquiries Law

The state has enacted a law amending background check provisions for certain state fair workers (Ch. 107 (S. 565), L. 2007, enacted April 21, 2008, effective after its publication in the Kansas Register, at KS ¶17-9000).

Religious Discrimination Law

Provisions relating to religious discrimination and specified local government employees have been added (Ch. 135 (S. 16), L. 2008, at KY ¶18-2900).

Criminal Background Checks Law

The bureau shall adopt rules and regulations which provide a means for any individual, his authorized representative, or his attorney if he is physically incapable of appearing at the bureau, to view, make notes, and administratively challenge the accuracy and contents of his personal criminal history information record and to seek corrections. Title 15, Chapter 6, Section 588, as amended by Act 642 (H.B. 705), L. 2008, effective Aug. 15, 2008. ¶19-23,601.56.

Employment Discrimination Law

There shall be no interruption of prescription resulting from a plaintiff's giving or failing to give the notice of court action to the person who has allegedly committed a discriminatory act. Title 23, Chapter 3-A, Part I, Section 303, as amended by Act 793 (S.B. 679), L. 2008, effective Aug. 15, 2008. 19-20,025.03.

Harassment and Discrimination-State Employment E.O. 2004-54

Executive Order KBB 2004-42, as signed on Dec. 6, 2004, prohibiting harassment and discrimination in state employment on the basis of race, color, religion, sex, sexual orientation, national origin, political affiliation, and disability expired on Aug. 22, 2008. 19-20,027.

Sexual Orientation Discrimination Law

A Montgomery County, Maryland ordinance prohibiting, among other things, employment discrimination on the basis of gender identity took effect September 9, 2008, after the Maryland Court of Appeals (the state’s highest court) rejected the efforts of the Maryland Citizens for Responsible Government, which attempted to block the ordinance from taking effect. While the ordinance passed unanimously last November and went into effect February 20, 2008, the Board of Elections ruled that the Citizens for Responsible Government had collected enough signatures to place it on the November ballot. Voters would be required to affirm or repeal the ordinance. Led by Equality Maryland, a lawsuit was filed challenging the number of signatures collected by the Maryland Citizens for Responsible Government. Reversing the Montgomery County Circuit Court, in a brief ruling, the Maryland Court of Appeals entered a judgment in favor of the Appellants, ordering that the initiative simply be removed from the November ballot. The court of appeals considered whether Equality Maryland met the statute of limitations in challenging whether the Maryland Citizens for Responsible Government collected enough signatures to put the question on the ballot. The court confirmed that it would issue its reasons for the decision in a full opinion to be filed later (http://mdcourts.gov/opinions/coa/2008/61a08pc.pdf) (Doe v Montgomery Bd of Elections, MdCtApp, No 61, at MD ¶21-3100).

Health Insurance Benefits Coverage Law

The state has enacted a mental health parity law. The law will take effect July 1, 2009 (Ch. 256 (H. 4423), L. 2007, enacted August 5, 2008, at MA ¶22-4000).

Rules of Procedure

The rule pertaining to probable cause was amended to clarify that once genuine issues of material fact that involve credibility have been raised, the investigation is concluded. In addition, a respondent may move for reconsideration of the probable cause finding within 30 days of the probable cause finding. 804 CMR 1.00, Section 1.15, as amended effective Aug. 22, 2008. ¶22-20,125.15.

Preemployment Inquiries Law

The state has amended its criminal background checks law with respect to workers in adult foster care facilities (P.A. 135 (H. 5894), L. 2007, enacted May 21, 2008, at MI ¶23-9000).

No Updates as of September 30, 2008

No Updates as of September 30, 2008

Unemployment Insurance Law

The current maximum weekly benefit amount in Nevada is $393, and the current minimum weekly benefit amount remains at $16 (NV ¶29-1700).

Recordkeeping/Posters Law

Several of the state's wage and hour law posters have been updated, and the Spanish version of the wage payment law has been added (NJ ¶31-9900).

Criminal Background Checks Law

There shall be a rebuttable presumption in favor of excluding from evidence the prior incarceration or conviction of any person, in a case alleging that an employer has been negligent in hiring or retaining an applicant or employee, or supervising a hiring manager, if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the relevant factors set forth in the state's Correction Law, and made a reasonable, good faith determination that such factors militate in favor of hire or retention of that applicant or employee. Executive Law, Article 15, Section 296, as amended by Ch. 534 (S.B. 4956), L. 2007, effective Sept. 4, 2008. ¶33-23,600.76.

Health Insurance Benefit Coverage Law

New York has amended its Insurance Law in relation to specifying the employees who may be insured under a blanket accident and/or health insurance policy or contract of insurance (A. 7120, L. 2007, enacted and effective September 4, 2008, at NY ¶33-4000).

Human Rights Law

There shall be a rebuttable presumption in favor of excluding from evidence the prior incarceration or conviction of any person, in a case alleging that an employer has been negligent in hiring or retaining an applicant or employee, or supervising a hiring manager, if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the relevant factors set forth in the state's Correction Law, and made a reasonable, good faith determination that such factors militate in favor of hire or retention of that applicant or employee. Executive Law, Article 15, Section 296, as amended by Ch. 534 (S.B. 4956), L.2007, effective Sept. 4, 2008. ¶33-20,025.06.

Preemployment Inquiries Law

There shall be a rebuttable presumption in favor of excluding from evidence the prior incarceration or conviction of any person, in a case alleging that an employer has been negligent in hiring or retaining an applicant or employee, or supervising a hiring manager, if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the relevant factors set forth in the state's Correction Law, and made a reasonable, good faith determination that such factors militate in favor of hire or retention of that applicant or employee (S. 4956, L. 2007, enacted and effective September 4, 2008, at NY ¶33-9000).

No Updates as of September 30, 2008

No Updates as of September 30, 2008

Preemployment Inquiries Law

Private prison contractors must now ensure that all employees and prospective employees submit to a national criminal history records check (S. 2066, L. 2007, enacted May 9, 2008, at OK ¶37-9000).

Affirmative Action in State Employment E.O. 08-18

It is the policy of the state of Oregon that by and through the agencies, boards and commissions of the Executive Branch, values the principles of equal employment opportunities, affirmative action and diversity and should proactively lead the State on issues of equality and diversity and on the promotion of Affirmative Action. Executive Order 08-18 amends Executive Order 05-01 and reads as signed by Governor Ted Kulongoski on August 19, 2008 to expire December 31, 2014. ¶38-23,400.

Fair Employment Practices Law

Governor Ted Kulongoski has signed an executive order amending Executive Order 05-01 regarding affirmative action and state agencies (Executive Order 08-18, signed August 19, 2008, expires December 31, 2014, at OR ¶38-2500).

Minimum Wage Law 

Oregon Labor Commissioner Brad Avakian has announced that Oregon's minimum wage rate will increase by 45 cents, from $7.95 to $8.40 per hour, effective January 1, 2009. As a result of Ballot Measure 25, passed by voters in 2002 (ORS 653.025(2), as amended), Oregon's minimum wage is adjusted annually based on changes in inflation as measured by the Consumer Price Index (CPI). The Commissioner of the Bureau of Labor and Industries (BOLI) is charged with adjusting the minimum wage for inflation every September, rounded to the nearest five cents. Based on an increase in the CPI of 5.37% from August 2007 to August 2008, the calculation used for determining the minimum wage rate for 2009 is: $7.95 x .0537=$.4269, rounded to $0.45 (Oregon Bureau of Labor and Industries Press Releases, September 16, 2008, and at OR ¶38-1000). 

No Updates as of September 30, 2008

Military and Emergency Services Leave Law

The state has enacted a law requiring all cities and towns to maintain health care benefits for all members of the National Guard and the Reserve who are called to active duty and their dependents (Ch. 158 (H. 7547), L. 2007, and Ch. 174 (S. 2652), L. 2007, enacted July 2008, at RI ¶41-7200).

Criminal Background Checks Law

The state has enacted a law requiring a Central Registry check to determine any child abuse by prospective childcare employees. The law also authorizes provisional employment until the time such checks are completed. Title 20, Chapter 7, Article 13, Section 20-7-2725, as amended by Act 262 (S.B. 311), L. 2007, effective June 30, 2008. ¶42-23,600.22.

No person may volunteer as a firefighter, be employed as a firefighter or perform firefighting duties if he or she has been convicted of, pled guilty to, or pled nolo contendere to arson. Title 40, Chapter 80, Section 40-8-20, as amended by Act 309 (H.B. 5009), L. 2007, effective June 11, 2008. ¶42-23,600.52.

Drug Testing Law

The South Carolina Commercial Driver's License Drug Testing Act imposes reporting and recordkeeping requirements upon specified employers (Act 232 (S. 880), L. 2007, enacted May 21, 2008, at SC ¶42-8600).

Unemployment Insurance Law

The current maximum weekly benefit amount in South Carolina is $326, and the current minimum weekly benefit amount is $20 (SC ¶42-1700).

Violence in the Workplace Law

The state has amended its Criminal Code with respect to stalking. The term “course of conduct” has been amended to include contacting a victim by any means, including text messaging, acting through third parties and sending or delivering items to the victim. Also, a victim's fear for his or her own safety or the safety of third parties is now specified in the criminal offense of stalking (Ch. 356 (H. 493), L. 2008, at UT ¶46-3300).

Criminal Background Checks Law

The Vermont criminal information center may provide Vermont criminal history records to bona fide persons conducting research related to the administration of criminal justice, subject to conditions approved by the commissioner of public safety to assure the confidentiality of the information and the privacy of individuals to whom the information relates. Bulk criminal history data may only be provided in a format that excludes the subject's name and any unique numbers that may reference the identity of the subject, except that the state identification number may be provided. Researchers must sign a user agreement which specifies data security requirements and restrictions on use of identifying information. Title 20, Sections 2056b, 2056c, and 2063, as amended by Act 165 (S.B. 246), L. 2008, effective July 1, 2008. ¶47-23,601.02, ¶47-23,601.03 and ¶47-23,601.07.

Health Insurance Benefit Coverage Law

Health insurance plans must cover services rendered by licensed athletic trainers under specified circumstances, effective October 1, 2008 (Act 141 (H. 867), L. 2007, enacted May 14, 2008, at VT ¶47-4000).

Minimum Wage Law

The minimum wage in Vermont will increase from $7.68 to $8.06 per hour on January 1, 2009, Governor Jim Douglas recently announced (State of Vermont Office of the Governor
Press Release, September 25, 2008, at VT ¶47-1000).

In 2005, at the Governor's request, the General Assembly approved an annual cost of living increase in the minimum wage law. Vermont's minimum wage increases at the same rate as the August Consumer Price Index (CPI) each year or five percent, whichever is smaller. The CPI increase for the period September 1, 2007, through August 31, 2008, was 5.4%. The increase to the minimum wage was therefore set at five percent.

The basic wage for tipped employees will also increase from $3.72 to $3.91 per hour. Service or tipped employees are individuals working in places who customarily and regularly receive more than $120 a month in tips for direct and personal service. Tipped employees', like other workers', total earnings during a pay period must equal or exceed $8.06 per hour. If a combination of tips and the basic wage do not meet that requirement, the employer makes up the difference.