State Law Changes

April 30, 2007 Update

Criminal Background Checks Rules

The board of nursing may waive the requirements for submitting fingerprints for an applicant who has submitted at least three separate sets of fingerprints under this section that the Department of Public Safety or the Federal Bureau of Investigation have been unable to read. Title 12, Part 1, Chapter 44, Article 8, Sec. 12 AAC44.812, as amended effective march 4, 2007. ¶2-23,651.41.

Unemployment Insurance Law

Contribution rates in Alaska for 2007 range from 1.0% to 5.4% for eligible employers, based on payroll decline experience. For 2007, the average benefit cost rate used to determine the rates is 0.022982, the trust fund reserve rate is 0.029642, and there is a 0.001% trust fund solvency adjustment. The employee tax rate for 2007 is 0.50% (AK ¶2-1700).

Access to Personnel Files-Public Employment Law

Records, including analyses, investigations, studies, reports, or recommendations, containing information relating to any Department of Health and Human Services risk or security assessment, known or suspected security vulnerability, or safeguard related to compliance with the Health Insurance Portability and Accountability Act or protection of other confidential Department information are not available to the public. Title 25, Chapter 19, Subchapter 1, Section 25-19-105, as amended by Act 726 (S.B. 958), L. 2007, effective 91 days after the adjournment of the legislature. ¶4-23,700.01.

Criminal Background Checks Law

The Department of Arkansas State Police is permitted to release certain criminal history information to persons performing background checks on behalf of an employer and persons who have the written consent of the subject. Title 12, Chapter 12, Section 12-12-1503, as amended by Act 59 (H.B. 1103), L. 2007 and Act 571 (H.B. 2756), L. 2007, effective 91 days after the adjournment of the legislature. ¶4-23,600.71.

The state has amended its criminal background check law with respect to noncertified public school personnel. Title 6, Subtitle 2, Chapter 17, Section 6-17-414, as amended by Act 823 (H.B. 2380), L. 2007, effective 91 days after the adjournment of the legislature. ¶4-23,600.04. 

The state has amended its criminal background check law with respect to specified state agency employees. Title 21, Chapter 15, Sections 21-15-101 through 21-15-104, 21-15-106, 21-15-107, 21-15-111, and 21-15-112, as amended by Act 991 (H.B. 2295), L. 2007, effective 91 days after the adjournment of the legislature. ¶4-23,601.01 through ¶4-23,601.04, ¶4-23,601.06, ¶4-23,601.07, ¶4-23,601.11 and ¶4-23,601.12.

Drug Testing Law

The state has adopted the Commercial Driver Alcohol and Drug Testing Act to establish certain reporting requirements for employees holding a commercial driver's license. The law applies to an employer who is required to comply with the drug and alcohol testing provisions of the federal motor carrier safety regulations in effect on January 1, 2007, and to employees who hold a commercial driver's license and who are either employed in or have applied for a safety-sensitive transportation job with an Arkansas employer. Affected employers are to test an employee for alcohol and drugs, and the employer or medical review officer is to report within three days to the Office of Driver Services where there is a positive test result or where an employee refuses to provide a specimen for a screening. The reported information is to be maintained in a Commercial Driver Alcohol and Drug Testing database for at least three years. Employers must request information from the database for each employee subject to testing under the law. Employers who fail to check the database are subject to a $1,000 penalty, and any employer who knowingly hires an employee with a record of positive test results faces a penalty of $5,000, unless the employee was found eligible to return to duty following completion of a treatment or education program. Except for certain penalties levied, this law applies to alcohol and drug testing beginning on January 1, 2008 (Act 637 (H. 2391), L. 2007, at AR ¶4-8600).

Family, Medical and Parental Leaves Law

The state has enacted a law to allow state employees an opportunity to participate in their children’s educational activities by granting eight hours of children’s educational activity leave per calendar year. This law will take effect July 1, 2007 (Act 1028 (H. 1796), L. 2007, at AR ¶4-7000) .

Minimum Wage Law

The state has amended its minimum wage and overtime law to parallel certain provisions of federal minimum wage and overtime law, effective March 28, 2007 (Act 545 (H. 1699), L. 2007, at AR ¶4-1000).

Additionally, the minimum wage law allowance for gratuities has been revised, effective April 29, 2007 (Act 707 (S. 361), L. 2007, at AR ¶4-1000).

Overtime Pay Law

The state has amended its minimum wage and overtime law to parallel certain provisions of federal minimum wage and overtime law, effective March 28, 2007 (Act 545 (H. 1699), L. 2007, at AR ¶4-1100).

Preemployment Inquiries Law

The state has amended its criminal background check law with respect to specified state agency employees (Act 991 (H. 2295), L. 2007, at AR ¶4-9000) and noncertified public school personnel (Act 823 (H. 2380), L. 2007, at AR ¶4-9000).

Religious Discrimination Law

Licensed health care facilities that provide emergency care to sexual assault survivors must inform such survivors of the availability of emergency contraception. A health care professional who is employed by such a facility is not required to inform a sexual assault survivor of the availability of emergency contraception if the health care professional refuses to provide the information on the basis of religious or moral beliefs (Act 1576 (S. 847), L. 2007, at AR ¶4-2900).

School Activities Leave-Public Employees Law

The state has enacted a law to allow state employees an opportunity to participate in their children’s educational activities by granting eight hours of children’s educational activity leave per calendar year. Title 21, Chapter 4, Subchapter 2, Section 21-4-216, as enacted by Act 1028 (H.B. 1796), L. 2007, effective July 1, 2007. ¶4-22,550.01.

Fair Employment Practices Law

The California Fair Employment & Housing Commission adopted its March 27, 2007, modified harassment training regulations as its final proposed regulations at its April 23, 2007, meeting. These regulations interpret Government Code Sec. 12950.1 (A.B. 1825), which requires sexual harassment training for supervisors of employers with 50 or more employees. A copy of the final proposed regulations is available on the Commission’s website.

The Commission will now submit a regulatory package to the Office of Administrative Law (OAL) for its review of these regulations. OAL has 30 days to review and approve the regulations or disapprove them and require further changes. Once approved, OAL sends the regulations to the Secretary of State and the regulations become effective 30 days thereafter (http://www.fehc.ca.gov/pub/harassment_training.asp).

Meal and Rest Periods Law

The California Supreme Court has ruled that the “one additional hour of pay” remedy provided for in Sec. 226.7 of the Labor Code for failure to provide required meal or rest periods constitutes a “wage or premium pay” and, as such, is subject to a three-year statute of limitations (Murphy v. Kenneth Cole Productions (Cal Sct No. S140308, 134 CalApp4th 728, April 16, 2007), at CA ¶5-1400).

Unemployment Insurance Law

The rate for self-employed individuals and employers electing coverage is 1.97% for 2007 (CA ¶5-1700).

Discrimination Based on Religious Beliefs—Topic added.

A health care professional who is employed by a health care facility that provides emergency care to sexual assault survivors shall not be required to inform the survivor of the availability of emergency contraception if the professional refuses to provide the information on the basis of religious or moral beliefs. Title 25, Article 3, Part 1, Section 25-3-110, as enacted by Ch.24 (S.B. 60), L. 2007, effective March 15, 2007. ¶6-20,250.01.

Minimum Wage Law

The Colorado Division of Labor has adopted Minimum Wage Order Number 23. This permanent wage order supersedes previous emergency rulemaking and Minimum Wage Order Number 22.
The state minimum wage order regulates wages, hours, working conditions and procedures for certain employees and employers for work performed within the boundaries of the state of Colorado in the following industries: retail and service; commercial support service; food and beverage; and health and medical (CO ¶6-1000).

Additionally, the Director of the Colorado Division of Labor, in determining the state's minimum wage rate and wage rates for learners and apprentices, shall be bound by relevant state law, the state constitution, and, if a higher minimum wage rate is established by federal law or rules, the director shall be bound by such federal law or rules (Ch. 16 (H. 1001), L. 2007, at CO ¶6-1000).

Whistleblower Protection Law

A health care provider shall not take disciplinary action against a health care worker in retaliation for making a good faith report or disclosure regarding patient safety information or quality of patient care (H. 1133, L. 2007, at CO ¶6-3600).

Unemployment Insurance Law

There is a fund balance tax of 0.7% for 2007. Accordingly, the minimum contribution rate for Connecticut employers is 1.2%, and the maximum contribution rate is 6.1%. The new employer rate for 2007 is 3.1% (CT ¶7-1700).

Criminal Background Checks Law

The guidelines for public and private employers, including licensing agencies, that require a background screening or security check for employment were amended. Title XXXI, Chapter 435, Part 1, Section 435.04, as amended by Ch. 120 (S.B. 1748), L. 2006, effective Jan. 1, 2007. ¶10-23,601.04.

Military and Emergency Services Leave Law

Reemployment rights and protections for employees who are members of the Idaho air or army national guard when called to active duty by the governor or by the President of the United States for a period of 30 consecutive days or more, or to duty other than training pursuant to federal law, have been amended to extend protections to Idaho employees who are members of the national guard of another state called to active duty by the governor of that state (Ch. 276 (H. 55), L. 2007, at ID ¶13-7200).

Minimum Wage Law

The state has amended its minimum wage law to provide that the amount of the state minimum wage shall conform to, and track with, the federal minimum wage. Tip credit provisions have also been amended (H. 184, L. 2007, at ID ¶13-1000).

Smoking in the Workplace Law

The state has removed bowling alleys from the list of exceptions to the prohibition on smoking in a public place (H. 121, L. 2007, at ID ¶13-2700).

Military and Emergency Services Leave Law

The state has enacted a law providing that a member of the Indiana wing of the civil air patrol may not be disciplined by an employer for leaving or being absent from work for certain emergency service operations if the member: (1) has notified the employer that the employee is a civil air patrol member; and (2) in the case of a nongovernmental employee, is not designated by the employer as an essential employee. The law takes effect July 1, 2007 (S. 166, L. 2007, at IN ¶15-7200).

Drug Testing Law

The state has amended its drug free workplace law with respect to employees subject to unannounced drug or alcohol testing (S. 284, L. 2007, at IA ¶16-8600).

Criminal Background Checks Law

Every candidate for a position in a Kansas commission on veterans affairs office is required to undergo a criminal history records check. Chapter 73, Article 12, Section 73-1210a, as amended by H.B. 2067, L. 2007, effective July 1, 2007. ¶17-23,600.45.

Health Insurance Benefit Coverage Law

The sunset provision on the state's mental health parity provisions has been changed to December 31, 2007 (S. 102, L. 2007, at KS ¶17-4000).

Workers’ Compensation Law

Kentucky has modified its workers’ compensation rate program to allow a premium credit of up to five percent for employers with a drugfree workplace program (H. 296, L. 2007, at KY ¶18-4300).

Family Military Leave Law—Topic added.

Public and private employers that employ 50 or more employees must provide eligible employees up to 15 days of family military leave per deployment, if requested by the employee. Spouses, domestic partners, and parents of members of the United States Armed Forces, including the National Guard and Reserves, deployed for military service for more than 180 days are eligible. The leave may be taken only during the 15 days immediately prior to deployment or the 15 days immediately following the period of deployment, or both, and may consist of unpaid leave. Title 26, Chapter 7, Subchapter 5, Section 814, as added by Ch. 523 (S.B. 664), L. 2005, effective April 3, 2006. ¶20-22,452.01.

Human Rights Commission Employment Regulations

The amended rule repeals the existing definition of  "physical or mental disability" in the Human Rights Commission employment regulations and implements a new definition consistent with the Law Court's recent decision in Whitney v. Wal-Mart Stores, Inc., in which the Court ruled that the prior regulatory definition is invalid because it requires a showing of a substantial limitation on a major life activity. In determining whether a person has a "physical or mental disability," the new rule does not require a showing of a substantial limitation on a major life activity. Rather, the rule separately defines particular statutory terms and provides a general exception for common or transitory and minor conditions, as well as a list of other excepted conditions. 94-348, Chapter 003, Sections 3.02, 3.04, and 3.08, as amended effective March 21, 2007. ¶20-20,075.02, ¶20-20,075.04 and ¶20-20,075.08.

Minimum Wage Law/Overtime Pay Law

The state has amended its minimum wage and overtime law with respect to certain domestic workers (P.L. 22 (H. 195), L. 2007, effective 90 days after the legislature adjourns, at ME ¶20-1000 and ME ¶20-1100).

Unemployment Insurance Law

Contribution rates in Maine for 2007 range from 0.54% to 5.4%. New employers pay 1.80% (which is the predetermined yield amount) for 2007. In addition, the ratio of total wages to taxable wages is 2.57% (ME ¶20-1700).

Recordkeeping/Posters Law

The state's parental leave law poster has been updated (MN ¶24-9900).

Criminal Background Checks Law

As a condition of employment, all employees and applicants for employment with the department of banking are required to be fingerprinted to determine their suitability for employment as examiners or assistants. Title 81, Chapter 1, Section 81-1-65, as amended by S.B. 2343, L. 2007, effective March 22, 2007. ¶25-23,601.01.

The Mississippi Justice Information Center controls the collection, storage, retrieval and dissemination of criminal history information. Title 45, Chapter 27, Sections 45-27-7, 45-27-8, and 45-27-11 through 45-27-13, as amended by S.B. 2512, L. 2007, effective July 1, 2007. ¶25-23,601.11 through ¶25-23,601.15.

Recordkeeping/Posters Law

Governor Matt Blunt has signed an executive order requiring audits of state contractors to ensure that their employees are legally eligible to work in the United States. Additionally, going forward, state agencies will have to obtain written certification from contractors that their workers are eligible to work in the United States (Executive Order 07-13, March 6, 2007, at MO ¶26-9900).

Whistleblower Protection Law

The Legislative Audit Act has been amended to add employment protection for workers disclosing information, effective October 1, 2007 (H. 86, L. 2007, at MT ¶27-3600).

Workers’ Compensation Law

Effective July 1, 2007, Montana will exempt from the requirement to maintain workers’ compensation insurance the employment of a person performing the services of a common or contract motor carrier when hired by a broker to provide intrastate or interstate transportation (H. 786, L. 2007, at MT ¶27-4300).

Family Military Leave Act—Topic added.

Public and private employees of employers having between 15 and 50 employees are permitted to take up to 15 days of unpaid leave and employees of employers having 50 or more employees to take up to 30 days of unpaid leave when federal or state deployment orders are in effect. Employees must be employed with the same employer for at least 12 months and must have at least 250 hours of service during the 12-month period immediately preceding the leave request. The law is to be codified in the Revised Statutes of Nebraska Annotated and reads as enacted by L.B. 497, L. 2007, Sections 1 through 7, effective April 4, 2007. ¶28-22,451.01 through ¶28-22,451.07.

Military and Emergency Services Leave Law

Nebraska has enacted the Family Military Leave Act, effective April 5, 2007, to give certain leave and reemployment rights and protections to the spouse or parent of a person called to active military service for 179 days or more. The Family Military Leave Act applies to private employers as well as to the state and its political subdivisions (L.B. 497, L. 2007, at NE   ¶28-7200).

Minimum Wage Law

The Office of the Labor Commissioner has issued a bulletin announcing increases in the state minimum wage rates, pursuant to Section 16(A) of Article 15 of the Constitution of the State of Nevada, which provides for annual adjustments to the minimum wage rates based on increases in the cost of living. Effective July 1, 2007, the minimum wage rate for employees of employers who provide qualified health insurance benefits will be $5.30 per hour. Employers who do not provide qualified health insurance benefits will be required to pay employees a minimum wage of $6.33 per hour (State of Nevada, Office of the Labor Commissioner, 2007 Annual Bulletin, April 1, 2007, at NV ¶29-1000).

The Labor Commissioner has also adopted temporary minimum wage regulations that will remain in effect until November 1, 2007. These replace the emergency regulations that expired April 11, 2007 (NV ¶29-1000).

Criminal Background Checks Law

An applicant who has been offered employment, a contractor or a contractor's employee with unsupervised access to students at a public school shall provide two fingerprint cards or the equivalent electronic fingerprints to the local school board, regional education cooperative or charter school to obtain the applicant's federal bureau of investigation record. Chapter 22, Article 10A, Section 22-10A-5, as amended by Ch. 263 (S.B. 210), L. 2007, effective June 15, 2007. ¶32-23,600.01.

Employees and prospective employees of the Children, Youth and Families Department are required to undergo a criminal background check as a condition of employment. Chapter 9, Article 2A, Section 9-2A-8.1, as amended by Ch. 65 (S.B. 471), L. 2007, effective June 15, 2007. ¶32-23,600.41.

Disability Employment Act-State Employment

Technical changes have been made to statutory language reflecting current use of terms about persons with disabilities. Chapter 28, Article 10, Sections 28-10-9 through 28-10-12, as amended by Ch. 46 (S.B. 289), L. 2007, effective June 15, 2007. ¶32-20,751.01 and ¶32-20,751.04.

Disability Law

The Lynn and Erin Compassionate Use Act allows for the medical use of marijuana in a regulated system in New Mexico, effective July 1, 2007. Participation in a medical use of marijuana program under the law, however, will not relieve an individual from criminal prosecution or civil penalty for possession or use of marijuana in the workplace (Ch. 210 (S. 523), L. 2007, at NM ¶32-2600).

Health Insurance Benefit Coverage Law

The state will require group insurers and HMOs to cover periodic colorectal cancer screening tests (Ch. 17 (H. 510), L. 2007, at NM ¶32-4000).

Human Rights Act

The Department of Labor, Human Rights Division was renamed the Workforce Solutions Department, Human Rights Bureau of the Labor Relations Division. Chapter 28, Article 1, Section 28-1-2, as amended by H.B. 1280, L. 2007, effective July 1, 2007. ¶32-20,025.02.

White Cane Law-Public Employment

Technical changes have been made to statutory language reflecting current use of terms about persons with disabilities. Chapter 28, Article 7, Sections 28-7-2 and 28-7-7, as amended by Ch. 46 (S.B. 289), L. 2007, effective June 15, 2007. ¶32-20,750.02 and ¶32-20,750.03.

Availability of Records Rule

The rule was amended to make minor changes, including updating various addresses, providing information regarding changes relative to Freedom of Information requests, and information about the division’s website. Title 9, Subtitle J, Part 466, Sections 466.6 and 466.7, as amended effective April 4, 2007. ¶33-23,750.01 and ¶33-23,750.02.

Declaratory Rulings Rule

The rule was amended to make minor changes, including updating various addresses, providing information regarding changes relative to Freedom of Information requests, and information about the division’s website. Title 9, Subtitle J, Part 466, Section 466.10, as amended effective April 4, 2007. ¶33-20,127.01.

Minority Hiring Rule

The rule was amended to update various addresses. Title 9, Subtitle J, Part 466, Section 466.5, as amended effective April 4, 2007. ¶33-23,350.01.

Voluntary Arbitration Rules

The rules were repealed in their entirety. Title 9, Subtitle J, Part 467, Sections 467.1 through 467.5, as repealed effective April 4, 2007. ¶33-20,128.01 through ¶33-20,128.05.

Criminal Background Checks Law

Employees of certain public agencies and entities are required to submit a set of fingerprints and undergo a criminal history check. Title 12, Chapter 12-60, Section 12-60-24, as amended by H.B. 1455, L. 2007, and H.B. 1313, L. 2007, effective Aug. 1, 2007. ¶35-23,600.51.

Workers’ Compensation Law

Any employer may select a preferred provider. Formerly, the right to select was limited to employers with a risk management program. Any insured with a risk management program is eligible for premium discounts if the insured achieves the benchmarks in its risk management program (S. 2123, L. 2007, at ND ¶35-4300).

Unemployment Insurance Law

The wage threshold for employment to be subject to the state's unemployment insurance laws has been changed from $225 to $1,000 (H. 2207, L. 2007, at OR ¶38-1700).

Preemployment Inquiries Law

The state has enacted a law requiring the State Board of Regents to adopt a policy providing for criminal background checks of certain prospective and existing employees of higher education institutions (H. 196, L. 2007, at UT ¶46-9000).

Child Labor Law

Virginia's child labor law prohibits the employment of minors where goods of alcoholic content are manufactured, bottled, or sold for consumption on the premises, except in places where the sale of alcoholic beverages is merely incidental to the main business actually conducted. This provision has been amended to provide an additional exception for certain licensed farm wineries, provided that the child does not serve or dispense alcoholic beverages in any manner (Ch. 645 (H. 2334), L. 2006, enacted March 20, 2007, at VA  ¶48-1500).

Additionally, the law imposing civil penalties for violation of Virginia's child labor laws has been amended to provide for civil penalties of up to $10,000 for each violation that results in the employment of a child who is seriously injured or who dies in the course of employment (Ch. 667 (H. 2783), L. 2006, enacted March 20, 2007, at VA  ¶48-1500).

Child Support Enforcement Law

All employers with at least 100 employees and all payroll processing firms with at least 50 clients will be required to remit payments by electronic funds transfer (Ch. 557 (S. 945), L. 2006, enacted March 19, 2007, at VA ¶48-5500).

Criminal Background Checks Law

As a condition of employment, volunteering or providing services on a regular basis, every children's residential facility shall require any individual who accepts a position of employment prior to July 1, 2007, to submit to fingerprinting and to provide personal descriptive information, to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. Title 63.2, Subtitle VI, Chapter 17, Article 3, Section 63.2-1726, as amended by S.B. 1208, L. 2006, effective July 1, 2007. ¶49-23,600.51.

Upon receipt of a written request from an employer or prospective employer, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish at the employer's cost a copy of conviction data covering the person named in the request, provided that the person on whom the data is being obtained has given written consent. Title 19.2, Chapter 23, Section 19.2-389, as amended by Ch. 12 (S.B. 1195), L. 2006; Ch. 361 9S.B. 800), L. 2006; H.B. 2517, L. 2006, and S.B. 1207, L. 2006, effective July 1, 2007. ¶49-23,601.01.

Upon receiving a copy of a writ vacating a conviction, the court shall enter an order requiring expungement of the police and court records relating to and individual’s charge and conviction. Title 19.2, Chapter 23.1, Section 19.2-392.2, as amended by H.B. 2076, L. 2006, effective July 1, 2007. ¶49-23,601.12.

Discrimination Against Crime Victims Law—Topic added.

An employer can not refuse to hire or employ, can not bar or discharge from employment, and can not otherwise discriminate in terms of employment against an individual who is a crime victim based on the person's exercising of his or her right to leave work to attend a criminal proceeding. Title 40.1, Chapter 3, Article 1, Section 40.1-28.7:2, as enacted by Ch. 423 (H.B. 3132), L. 2007, effective July 1, 2007. ¶49-21,050.01.

Health Insurance Benefit Coverage Law

The state has enacted a law extending coverage under a group accident and sickness insurance policy that is provided for a dependent child under age 25 who is a full time student to include a period, not to exceed one year, when the student is on a medically necessary leave of absence from school (Ch. 428 (H. 1622), L. 2006, effective July 1, 2007, at VA ¶48-4000).

Minimum Wage Law

The Virginia Minimum Wage Act has been amended with respect to the definition of “employee.” The law will no longer exclude persons who have reached their 65th birthday (Ch. 816 (S. 758), L. 2006, enacted March 23, 2007, and Ch. 832 (H. 2738), L. 2006, enacted March 25, 2007, at VA  ¶48-1000).

Preemployment Inquiries Law

The state has enacted a law requiring school boards to obtain certification that a contractor or employee of a contractor has not been convicted of a felony or any sex offense involving a child prior to awarding a contract for services requiring direct unsupervised contact with students (Ch. 431 (H. 1707), L. 2006, enacted March 19, 2007, at VA ¶48-9000).

Additionally, the law relating to background checks for workers in children's residential facilities has been amended (Ch. 573 (S. 1208), L. 2006, enacted March 19, 2007, at VA ¶48-9000), and statutory provisions dealing with the dissemination of criminal history record information have been amended (Ch. 361 (S. 800), L. 2006, enacted March 15, 2007, at VA ¶48-9000).

Veterans’ Preference in State Employment Law

The Department of Human Resource Management shall develop and distribute guidelines as an addendum to the Hiring Policy for Executive Branch agencies to provide guidance to agencies to comply with the veterans' preference requirement. Title 2.2, Subtitle I, Part E, Chapter 29, Section 2.2-2903, as amended by Ch. 336 (H.B. 2840), L. 2007, and Ch. 605 (S.B. 1033), L. 2007, effective July 1, 2007. ¶49-21,750.01.

Fair Employment Practices Law

The state has enacted a law relating to developing sexual harassment policies, procedures and mandatory training for all state employees (S. 5118, L. 2007, at WA ¶49-2500).

Additionally, effective July 22, 2007, the state's law against discrimination will extend employment protections to include honorably discharged veteran or military status (S. 5123, L. 2007, at WA ¶49-2500).

Health Insurance Benefit Coverage Law

The state has enacted a law requiring health plans to cover colorectal cancer screenings (H. 1337, L. 2007, at WA ¶49-4000).

Additionally, the state has enacted a domestic partnership law that protects individuals in domestic partnerships by granting certain rights and benefits (S. 5336, L. 2007, at WA ¶49-4000).

Law Against Discrimination

The law was amended to add ``honorably discharged veteran or military status'' as a protected class. Title 49, Chapter 49.60, Sections 49.60.010 through 49.60.40, 49.60.120, 49.60.130, and 49.60.180 through 49.60.200, as amended by S.B. 5123, L. 2007, effective July 22, 2007. ¶50-20,025.10 through ¶50-20,025.40, ¶50-20,025.120, ¶50-20,025.130 and ¶50-20,025.180 through ¶50-20,025.200.

Military and Emergency Services Leave Law

A state agency must allow an employee who is a volunteer firefighter to respond, without pay, to a fire, natural disaster, or medical emergency when called to duty. The agency may choose to grant leave with pay. These provisions will take effect 90 days after the legislature adjourns (S. 5511, L. 2007, at WA ¶49-7200 ).

Polygraph Testing Law

The state's prohibition against the use of polygraph testing in employment does not apply to persons returning after a break of more than 24 consecutive months in service as a fully commissioned law enforcement officer (S. 5635, L. 2007, at WA ¶49-8800).

Preemployment Inquiries Law

The state has added criminal record check requirements for employees and applicants for employment at federal Bureau of Indian Affairs-funded schools (S. 5382, L. 2007, at WA ¶49-9000).

Employment of Aliens Law

Any employer of illegal aliens would be guilty of a misdemeanor and could be fined up to $1,000 for each first-offense violation and up to $5,000 for each second-offense violation. Employers who commit a third offense could be fined up to $10,000, or imprisoned for a month or more than one year, or both. In addition to the fines or imprisonment for a third offense, the employer's license could be suspended for a specific period of time or revoked permanently. Chapter 21, Article 1B, Sections 21-1B-2, 21-1B-3, 21-1B-5 through 21-1B-7, as amended and enacted by S.B. 70, L. 2007, effective June 16, 2007. ¶51-24,050.02, ¶51-24,050.03 and ¶51-24,050.05 through ¶51-24,050.07.

Health Insurance Benefits Coverage Law

The state has amended its health insurance law with respect to mental health coverage parity (H. 2578, L. 2007, at WV ¶50-4000).

Overtime Pay Law

The Nurse Overtime and Patient Safety Act has been amended with respect to posting requirements and complaints (H. 2436, L. 2007, at WV ¶50-1100).

Preemployment Inquiries Law

Effective March 10, 2007, the Tax Commissioner may conduct criminal background checks for prospective employees (H. 2991, L. 2007, at WV ¶50-9000).

Recordkeeping/Posters Law

The state has amended its law relating to verification of workers' legal employment status. Penalty provisions have been revised, effective June 16, 2007 (S. 70, L. 2007, at WV ¶50-9900).

Wage Payment Law

Statutory provisions relating to payment of mine workers idled as a result of the posting of a withdrawal order by a mine inspector have been amended as part of a new law aimed at improving coal mine health and safety (S. 68, L. 2007, at WV ¶50-1200).

Workers’ Compensation Law

Through June 30, 2012, governmental employers must purchase workers’ compensation insurance through the employers’ mutual company established to replace the state fund. Effective July 1, 2008, private employers can purchase insurance through the employers’ mutual company or any other private carrier licensed to provide workers’ compensation insurance in the state.

Employers must post a written notice identifying their workers’ compensation carrier to employees. Self insured employers must file gross wages quarterly with the Insurance Commissioner.

The insurance commissioner may impose an administrative penalty of not more than $10,000 on an employer which failed to provide mandatory coverage (S. 595, L. 2007, at WV ¶50-4300).