State Law Changes

August 29, 2006 Update

New Hire Reporting Law

The state's new hire reporting form has been updated (AL ¶1-1600).

Fair Employment Practices Law

The state's human rights law has been amended with respect to complaints filed with, investigations, hearings, and orders of the State Commission for Human Rights (Ch. 63 (S. 132), L. 2005, at AK ¶2-2500).

New Hire Reporting Law

The state's new hire reporting form has been updated (AK ¶2-1600). 

Health Insurance Benefit Coverage Law

Effective January 1, 2007, group insurers in Alaska will be required to provide coverage for the 
costs of colorectal cancer screening examinations and lab tests. An employer that provides a 
health care insurance plan shall notify each covered individual of the coverage for colorectal 
cancer screenings unless coverage for colorectal cancer screening previously exists. The notice 
shall be included in the health benefit handbook or be provided by written or electronic 
communication between an employer or health plan administrator and a covered individual. However, 
if the covered individual purchases the health care insurance plan from the insurer issuing the 
policy, the insurer is responsible for notifying the covered individual of the coverage for 
colorectal cancer screening (Ch. 97 (H. 393), L. 2005).

Minimum Wage Law

The living wage rate for the City of Los Angeles is $9.39 per hour with benefits, or $10.64 per 
hour if benefits are not provided, effective July 1, 2006 (CA ¶5-1000 ).

Recordkeeping/Posters Law

The state's discrimination and harassment poster has been updated (CA ¶5-9900).

Minimum Wage Law

The current living wage rate for Oxnard is $12.88 per hour.

The current living wage rate for Santa Barbara is $14.00 per hour if no benefits are provided. 
The rate may be less if benefits are provided.

Anti-Bias Rules: Department of Labor-State Employment

Information regarding the contents of disputes was amended. 4 CCR 801-1, Chapter 8, Section 8-79, as amended effective Aug. 1, 2006. ¶6-20,076.02.

Health Insurance Benefit Coverage Law

The state has amended its mental health services coverage provisions with respect to court orders 
(Ch. 52 (S. 5), L. 2006).

Recordkeeping/Posters Law

The state has enacted a law concerning documentation by an employer that demonstrates compliance 
with federal employment verification requirements. The law takes effect January 1, 2007 (H. 1017, 
L. 2006).

Military and Emergency Services Leave Law

The state has enacted a law changing the maximum leave of absence from state employment from three years to five years, bringing Delaware law into compliance with the federal Service Members Civil Relief Act (S. 398, L. 2005, at DE ¶8-7200).

Minimum Wage Law

Delaware's minimum wage rate will increase to $6.65 per hour effective January 1, 2007, as part 
of a two-step wage increase. The state minimum wage will increase again to $7.15 an hour 
effective January 1, 2008. Currently, Delaware's minimum wage rate is set at $6.15 per hour (S. 
62, L. 2005, at DE ¶8-1000).

Minimum Wage Law

The Living Wage Act of 2006 will require payment of a living wage by recipients of certain 
District contracts and government assistance (Act 335 (Law 118), L. 2005, and Emergency Act 411 
(B. 806), L. 2005, at DC ¶9-1000).

Minimum Wage Law

Effective October 1, 2006, the living wage rate for Palm Beach County will be $10.39 per hour.

Health Insurance Benefit Coverage Law

The state has amended its “telehealth” coverage law (S. 2227, L. 2005, at HI ¶12-4000).

Smoking in the Workplace Law

Effective November 16, 2006, Hawaii's current smoking law will be replaced with a new law 
prohibiting smoking in places open to the public and places of employment (Act 295 (S. 3262), L. 
2005).

Criminal Background Checks Law

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._, as enacted by Act 131 (H.B. 2367), L. 2005, effective May 24, 2006. ¶12-23600.41.

The Hawaii criminal justice data center is responsible for the collection, storage, dissemination, and analysis of all pertinent criminal justice data. Division 5, Title 38, Chapter 846, Section 846-2.7, as amended by Act 131 (H.B. 2367), L. 2005, effective May 24, 2006. ¶12-23601.03.

The National Crime Prevention and Privacy Compact was enacted to organize an electronic information sharing system among the Federal Government and the states to exchange criminal history records for noncriminal justice purposes authorized by Federal or state law, such as background checks for governmental licensing and employment. Act 83 (S.B. 695), L. 2005, Articles I through XI, as enacted effective May 8, 2006. ¶12-23601.21 through ¶12-23601.31.

Fair Employment Practices Law

The state's Coal Mining Act has been extensively revised. Additions to the law include a prohibition against discrimination or discharge of an underground employee based on information gathered by a wireless tracking device during nonemergency monitoring (S. 929, L. 2005, at IL ¶14-2500).

Health Insurance Benefit Coverage Law

Group insurers must now provide coverage for 60 visits of outpatient treatment of mental illness in each calendar year. Under prior law, the requirement was 35 such visits (H. 4202, L. 2005, at IL ¶14-4000).

Minimum Wage Law

Illinois has enacted a law that gives the Illinois Department of Labor stronger authority to enforce the minimum wage law (S. 2339, L. 2005, at IL ¶14-1000).

Overtime Pay Law

Illinois has enacted a law that gives the Illinois Department of Labor stronger authority to enforce the overtime pay law (S. 2339, L. 2005, at IL ¶14-1100).

Plant Closing Law

The state's Public Utilities Act has been amended to provide that in the event of transfer of ownership, including the acquisition by eminent domain, of a water system, the agreements must require the acquiring entity to hire a sufficient number of nonsupervisory employees to maintain wage rates and equivalent conditions of employment in effect at the time of transfer of ownership (S. 3046, L. 2005, at IL ¶14-3500).

Recordkeeping/Posters Law

Effective July 24, 2006, a mine operator must require luminescent direction signs leading to each cache and rescue chamber to be posted in a mine, and a luminescent sign with the words “SELF-CONTAINED SELF-RESCUER” or “SELF-CONTAINED SELF-RESCUERS” must be conspicuously posted at each cache and rescue chamber (S. 929, L. 2005, at IL ¶14-9900).

Smoking in the Workplace Law

The Illinois Clean Indoor Air Act has been amended with respect to home rule and other local regulations (S. 2400, L. 2005, at IL ¶14-2700).

Wage Payment Law

Effective July 14, 2006, limited liability companies are included within the definition of 
“employer” for purposes of the Illinois Wage Payment and Collection Act (S. 2339, L. 2005, at IL ¶14-1200).

Unemployment Insurance Law

The Illinois Unemployment Compensation Act has been amended with respect to SUTA dumping.

Department of Human Rights Rules of Practice and Procedure

Every State executive department, State agency, board, commission, and instrumentality must comply with the Department's Rules and Regulations concerning equal employment opportunities and affirmative action. This amendment clarifies the information and documentation required to prepare a hiring or promotion monitor, and identifies the procedures that state executive agencies must follow when submitting the monitor to Central Management Services. Title 56, Chapter II, Part 2520, Section 2520.770, as amended effective Juy 31, 2006. ¶14-20,127.770.

Blood Donation Leave Rules

Topic added. These rules implement the Employee Blood Donation Leave Act, which allows employees of units of local government, boards of election commissioners, or private employers in the State to take up to one hour of paid leave to donate blood, after obtaining approval from the employer. Title 77, Chapter 1, Part 985, Sections 985.100 through 985.600, as adopted effective June 28, 2006. ¶14-23,301.01 through ¶14-23,301.06.

Jury Duty and Court Attendance Leave Law

If (1) a prospective juror works for an employer with 10 or fewer full-time employees (or their 
equivalent), (2) another employee of the employer is performing jury service, and (3) the 
prospective juror or the employee performing jury service notifies the court that they both work 
for the same employer, the court shall reschedule the prospective juror's jury service for a date 
that does not overlap with the jury service of the other employee already performing jury service 
(H. 1156, L. 2006).

Whistleblower Protection Law

Employment protections have been extended to employees who make a disclosure of information to the office of citizens' aide (S. 2410, L. 2005, at IA ¶16-3600).

Rules of Practices

Amendments remove certain limitations requiring documents to be mailed by certified mail and provide the option of using cost–efficient alternatives by the Commission. 161 IAC, Sections 161-2, and 161-3, as amended effective Aug. 23, 2006. ¶16-20,125.02 and ¶16-20,125.0305.

Criminal Background Checks Law

Provisions relating to the criminal and abuse registry checks required of a person employed by a licensed health care facility were amended. Title VI, Subtitle 2, Chapter 135C, Section 135C.33, as amended by H.B. 2588, L. 2005, effective July 1, 2006. ¶16-23,600.01.

Child Labor Law

The Child Performance Trust Act has been amended with respect to the types of qualifying 
financial institutions under the law (Act 594 (S. 412), L. 2006, at LA ¶19-1500).

Child Support Enforcement Law

The medical child support provisions have been amended, effective October 1, 2006 (Act 481 (H. 601), L. 2006, at LA ¶19-5500).

Preemployment Inquiries Law

The state has enacted a law authorizing the state attorney general or local district attorney to issue a cease and desist order after discovering an employer has hired undocumented aliens. 
Employers who do not comply with such orders may face legal proceedings, fines of up to $10,000, 
and suspension or revocation of their business license (Act 636 (S. 753), L. 2006, at LA ¶19-9000).

Additionally, the state has amended its criminal history and security checks law relating to certain nonlicensed persons working in health care and licensed ambulance personnel (Act 816 (H. 1404), L. 2006, at LA ¶19-9000).

Recordkeeping/Posters Law

The state has enacted a law relating to records of applicants for public positions
(Act 746 (H. 58), L. 2006, at LA ¶19-9900).

Smoking in the Workplace Law

The Louisiana Smokefree Air Act will take effect January 1, 2007 (Act 815 (S. 742), L. 2006, at 
LA ¶19-9000).

Access to Personnel Files-Public Employment Law

Topic added. All medical records, claim forms, insurance applications, requests for the payment of benefits, and all other health records of public employees, public officials, and their dependents in the personnel records of any public body shall be confidential. No public body or agent acting on behalf of such a public body shall utilize only oral contacts and interviews of applicants considered when filling vacancies in public positions
of authority or public positions with policymaking duties. Title 44, Chapter 1, Part I, Sections 44:11 and 44:12.1, as enacted by Act 746 (H.B. 58), L. 1005, effective Aug. 15, 2006. ¶19-23,700.01 and ¶19-23,700.02.

Employment of Aliens Law

he state has enacted a law authorizing the state attorney general or local district attorney to issue a cease and desist order after discovering an employer has hired undocumented aliens. Employers who do not comply with such orders may face legal proceedings, fines of up to $10,000, and suspension or revocation of their business license. Title 23, Chapter 9, Part VI, Section 966, as enacted by Act 636 (S.B. 753), L. 2006, effective June 23, 2006. ¶19-24,050.06.

Criminal Background Checks Law

A private institution is immune from civil penalties and liability for any actions arising from allegations of inadequate investigation prior to that institution's hiring or engagement of a licensed health care worker during an extreme public health emergency. Title 22, Subtitle 2, Part III, Chapter 250, Section 816, as amended by P.L. 630 (S.B. 783), L. 2005, effective Aug. 23, 2006. ¶20-23,600.13.

Health Insurance Benefit Coverage Law

The U.S. District Court for the District of Maryland has ruled that the Maryland Fair Share Health Care Fund Act is preempted by ERISA (Retail Industry Leaders Association v. James D. Fielder, Jr., Maryland Secretary of Labor, Licensing and Regulation, DC MD, Civil No. JFM-06-316, July 19, 2006, at ¶21-4000).

Minimum Wage Law

The living wage rate for Montgomery County is $11.60 per hour, effective through June 30, 2007 (MD ¶21-1000).

Unemployment Insurance Law

The Maryland Unemployment Insurance Law has been amended with respect to exemptions from employment (MD ¶21-1700).

Criminal Background Checks Law

Certain nonpublic schools are prohibited from hiring or retaining certain employees who the school knows have been convicted of certain crimes. Title 2, Subtitle 2, Section 2-206.1, as enacted by Ch. 235
(S.B. 111), L. 2006, effective July 1, 2006. MD ¶21-23,600.01.

Health Insurance Benefit Coverage Law

The state has amended its law relating to coverage for medically necessary hypodermic syringes or needles (Ch. 172 (H. 4176), L. 2005, at MA ¶22-4000).

Minimum Wage Law

The living wage rate for Boston is $11.95 per hour, effective July 1, 2006 (MA ¶22-1000).

Recordkeeping/Posters Law

The state has added provisions relating to recordkeeping and commercial carriers (Ch. 120 (H. 
2113), L. 2005).

Military and Emergency Services Leave Law

The state has enacted a law providing leave for state employees who are certified as disaster services volunteers by the American Red Cross (P.A. 267 (H. 5061), L. 2005, at MI ¶23-7200).

Recordkeeping/Posters Law

The state's unemployment poster has been updated (MI ¶23-9900).

Violence in the Workplace Law

The state has enacted a deadly force law that applies to business premises (P.A. 311 (S. 1046), L. 2005, at MI ¶23-3300).

Family, Medical and Parental Leaves Law

The state has enacted a law providing leave without pay to family members of soldiers wounded or 
killed while in active service, and for family members of deployed soldiers to attend send-off or 
homecoming ceremonies (Ch. 273 (H. 3664), L. 2005).

Military and Emergency Services Leave Law

The state has enacted a law expanding eligibility for the salary differential program for state 
employees ordered into active military service (Ch. 273 (H. 3664), L. 2005).

Family Military Leave Law

Topic added. Public and private employers must grant up to ten working days of a leave of absence without pay to an employee whose immediate family member, as a member of the United States armed forces, has been injured or killed while engaged in active service. Also, employers shall grant a leave of absence without pay to an employee whose immediate family member, as a member of the United States armed forces, has been ordered into active service in support of a war or other national emergency. Chapter 181, Sections 181.947, as enacted by Ch. 273 (H.B. 3664), L. 2005, effective June 2, 2006 and 181.948, as enacted by Ch. 273 (H.B. 3664), L. 2005, effective Aug. 2, 2006. ¶24-22,452.01 and ¶24-22,452.02.

Drug Testing Law

The drug testing provisions of the state's unemployment insurance law have been extensively 
revised, effective October 1, 2006 (H. 1456, L. 2006, at MO ¶26-8600).

Criminal Background Checks Law

For any teacher who is employed by a school district on a substitute or part-time basis within one year of such teacher's retirement from a Missouri school, the state of Missouri shall not require such teacher to be subject to any additional background checks prior to having contact with pupils. Title 11, Chapter 168, Section 168.133, as amended by H.B. 1449, L. 2006, effective Aug. 28, 2006. ¶26-23,600.02.

Unemployment Insurance Law

Contribution rates have been updated, and SUTA dumping provisions have been added.

Military and Emergency Services Leave Law

The state has amended its law with respect to pay and benefits for reserve and national guard members who are state employees called to full-time active duty (Ch. 272 (H. 1724), L. 2005, at NH ¶30-7200).

Preemployment Inquiries Law

The state's criminal background checks law has been amended with respect to applicants seeking to 
work with incapacitated adults (Ch. 289 (H. 1672), L. 2005).

Unemployment Insurance Law

SUTA dumping provisions have been added.

Discrimination on the Basis of Religious or Political Matters Law

Topic Added. The New Jersey Worker Freedom from Employer Intimidation Act, prohibits private and public employers from requiring its employees to attend an employer-sponsored meeting the purpose of which is to communicate the employer’s opinion about religious or political matters. Title 34, Chapter 19, Sections 34:19-9 through 34:19-14, as enacted by Ch. 53 (S.B 1123), L. 2006, effective July 26, 2006.  ¶31-20,250.01 through ¶31-20,250.06.

Fair Employment Practices Law

The New Jersey Worker Freedom from Employer Intimidation Act took effect July 26, 2006. The law, 
which covers private and public employers, prohibits an employer from requiring its employees to 
attend an employer-sponsored meeting the purpose of which is to communicate the employer’s 
opinion about religious or political matters (Ch. 53 (S. 1123), L. 2006).

Family and Medical Leave Rules-State Employment

State employees are entitled to a total of 12 weeks of unpaid FMLA leave in a 12-month period, at the time of a birth or placement of a child or at the time of a serious health condition for the employee, or family members, as defined in the federal Family and Medical Leave Act. Title 1, Chapter 7, Part 7, Section 1.7.7.12, as amended effective June 30, 2006. ¶32-22,500.02.

Fair Employment Practices Law

A new law is now in effect in the State of New York that prohibits employers from video recording employees in a restroom, locker room, or any other room designated by an employer for employees 
to change their clothes, unless authorized by a court order. This law does not apply to law enforcement personnel engaged in the conduct of their authorized duties (S. 8289, L. 2005, at NY ¶33-2500).

Minimum Wage Law

Nassau County has enacted a living wage ordinance, effective January 1, 2007 (NY ¶33-1000).

Child Support Enforcement Law

The state has amended its Civil Practice Law and Rules in relation to child support proceedings 
in family court. Employer penalties are affected by this amendment (S. 6753, L. 2005).

Breast Cancer Screening Leave-Public Employment

New York has amended its Civil Service Law by extending to employees of any county excused leave to undertake a screening for breast cancer, up to four hours annually, without charge to any other leave. However, the law does not apply to any employee of a city having a population of one million or more. Civil Service Law, Article 10, Section 159-b, as amended by A.B. 3467, L. 2005, effective Sept. 15, 2006.  ¶33-22,450.01.

Family Military Leave Law

Topic added. Public and private employers must grant the spouse of a member of the armed forces of the United States, National Guard or reserves who has been deployed during a period of military conflict, to a combat theater or combat zone of operations up to 10 days unpaid leave by their employer. Such leave shall only be used when such person's spouse is on leave from the armed forces, guard or reserves while deployed during a period of military conflict to a combat theater or combat zone of operations. Labor Law, Article 7, Section 202-i, as enacted by S.B. 7175, L. 2005, effective Aug. 16, 2006. ¶33-22,452.01.

Meal and Rest Periods Law

The state has amended its law relating to instructional planning time and duty-free lunch periods for teachers, effective for school improvement plans beginning with the 2007-2008 school year 
(Session Law 2006-153 (H. 1151), L. 2005, at NC ¶34-1400).

Minimum Wage Law

Effective January 1, 2007, the state's minimum wage will be $6.15 per hour (Session Law 2006-114 (H. 2174), L. 2005, at NC ¶34-1000).

Also, the current living wage rate for the City of Durham is $10.10 per hour (NC ¶34-1000).

Smoking in the Workplace Law

Effective July 19, 2006, community colleges are exempt from the state's law governing smoking restrictions (Session Law 2006-133 (H. 448), L. 2005, at NC ¶34-2700).

Additionally, effective July 10, 2006, all areas of any building occupied by the General Assembly shall be designated as nonsmoking areas (Session Law 2006-76 (H. 1133), L. 2005, at NC ¶34-2700).

Minimum Wage Law

The current living wage rate for Orange County is $9.67 per hour, and the current living wage 
rate for Durham County is $10.34 per hour.

Criminal Background Check Rules

The Criminal History fee will no longer be included in the application fee for family child care registration. Chapter 414, Division 61, Section 414-061-0070, as amended by CCD 4-2006, effective July 14, 2006. ¶38-23,651.38.

Minimum Wage Law

The state's minimum wage will increase to $6.25 an hour on January 1, 2007, and again to $7.15 an hour on July 1, 2007 (Act 2006-112 (S. 1090), L. 2005, at PA ¶39-1000).

Recordkeeping/Posters Law

The state has enacted a law relating to the confidentiality of Social Security numbers, effective December 26, 2006 (Act 2006-60 (S. 601), L. 2005, at PA ¶39-9900).

COBRA Law

For purposes of fulfilling any employer obligations under the federal COBRA law, a domestic 
partner shall be deemed a dependent of an employee (Ch. 189 (H. 7804), L. 2005, at RI ¶41-4200).

Family, Medical and Parental Leaves Law

The Rhode Island Parental and Family Medical Leave Act has been amended to include domestic partners within the definition of “family member” with respect to state employees (Ch. 189 (H. 7804), L. 2005, at RI ¶41-7000).

Health Insurance Benefit Coverage Law

Group health insurance contracts, plans and policies delivered, issued for delivery or renewed in this state on or after January 1, 2006, which provide medical coverage that includes coverage for physician services in a physician's office, and every policy which provides major medical or similar comprehensive type coverage shall provide coverage for benefits for orthotic and prosthetic devices that equal those benefits provided for under federal laws for health insurance for the aged and disabled (Ch. 380 (S. 2176), L. 2005, at RI ¶41-4000). Group health insurance contracts, plans and policies delivered, issued for delivery or renewed in Rhode Island on or after July 1, 2007, which provide medical coverage that includes coverage for physician services in a physician's office, must provide freedom of choice for patients in selecting orthotists and prosthetists (Ch. 200 (H. 7018), L. 2005, and Ch. 205 (S. 2106), L. 2005, at RI ¶41-4000). Insurers will also be required to cover the expenses for a scalp hair prosthesis worn for hair loss suffered as a result of the treatment of any form of cancer or leukemia (Ch. 538 (S. 2178), L. 2005, at RI ¶41-4000).

Additionally, group health insurance contracts, plans and policies delivered, issued for delivery or renewed in Rhode Island on or after January 1, 2007, which provide medical coverage that includes coverage for physician services in a physician's office, must include coverage for smoking cessation treatment. If such medical coverage does not include prescription drug coverage, such contract, plan or policy shall not be required to include coverage for prescription nicotine replacement therapy (Ch. 262 (S. 2706) and Ch. 293 (H. 7467), L. 2005, at RI ¶41-4000).

Hearing aid coverage has also been expanded (Ch. 595 (H. 8254) and Ch. 614 (S. 2383), L. 2005, at RI ¶41-4000), and MRIs will be reimbursed only if conducted and processed at accredited facilities (Ch. 596 (H. 8175), L. 2005, at RI ¶41-4000).

Meal and Rest Periods Law

The state has restored its statutory meal period provisions, effective July 14, 2006 (Ch. 606 (H. 6759), L. 2005, at RI ¶41-1400).

Parental Leave Law

Domestic partners will be considered ``family members'' of state employees for purposes of family and medical leave. They will also be deemed a state employee's dependent for purposes of COBRA and, for purposes of state income tax, the amounts deemed taxable income to the taxpayer due to payment or provision of insurance benefits to dependents, including domestic partners, shall be subtracted from the federal adjusted gross income. Title 28, Chapter 48, Section 28-48-1, as amended by Ch. 189 (H.B. 7804), L. 2005, effective June 28, 2006 and Ch. 316 (S.B. 2713), L. 2005, effective July 4, 2006. ¶41-22,450.01.

Criminal Background Checks Law

Employees of child care facilities and youth serving agencies are required to undergo a criminal background check as a condition of employment. Title 40, Chapter 40-13.2, Sections 40-13.2-4.4, through 40-13.2-5.1, as amended by Ch. 216 (H.B. 7285), L. 2005, effective July 3, 2006. ¶41-23,600.62 through ¶41-23,600.64.

Health Insurance Benefit Coverage Law

Group insurers must provide coverage for the treatment of autism spectrum disorders in children less than 12 years of age that is at least as comprehensive as that provided for other neurological disorders (Ch. 894 (S. 2719), L. 2005, at TN ¶44-4000).

Smoking in the Workplace Law

Smoking shall be prohibited in all buildings that are owned or operated by the state, except for those sleeping rooms in state park inns and cabins that are designated as smoking rooms or cabins (Ch. 876 (S. 3368), L. 2005, at TN ¶44-2700).

Preemployment Inquiries Law

The state has added background check provisions for fire protection personnel (Ch. 599 (H. 597), 
L. 2005).

Rules for Family Leave-State Employees

Rules covering state employees' use of sick leave, continuous leave of absence for maternity or adoption care, or for the illness, injury or temporary disability of a spouse or dependents were amended. R477-7, Sections R477-7-4, R477-7-5, R477-7-9, R477-7-13 and R477-7-15, as amended effective April.1, 2006.  ¶46-22,500.01 through ¶46-22,500.05.

New Hire Reporting Law

The state's new hire reporting form has been updated (VT ¶47-1600).

Preemployment Inquiries Law

The state has expanded employer access to applicants' criminal history records
(Act 169 (S. 262), L. 2005, at ¶47-9000).

Child Support Enforcement Law

The state has amended its law with respect to the priority of multiple child support orders (Ch. 365 (S. 168), L. 2006, at VA ¶48-5500).

New Hire Reporting Law

The state's new hire reporting form has been updated (WV ¶50-1600).