State Law Changes

August 31, 2007 Update

Health Insurance Benefit Coverage Law

On and after October 1, 2007, group health benefit plans shall offer policies and contracts including coverage for the annual screening for the early detection of prostate cancer in men over age 40 (Act 389 (S. 255), L. 2007, at AL ¶1-4000).

Minimum Wage Law

Emergency minimum wage rules of the Arizona Industrial Commission, first effective January 25, 2007, have been renewed effective July 16, 2007 (AZ ¶3-1000).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (AR ¶4-9900).

Criminal Background checks Law

In addition to providing criminal history information for employment purposes, local criminal justice agencies will be required to provide local criminal history information to city attorneys pursuing civil gang injunctions, or drug abatement actions. Penal Code, Part 4, Title 1, Chapter 1, Article 3, Section 11105, as amended by 104 (A.B. 104), L. 2007, effective Jan. 1, 2008. ¶5-23,604.01.

Rules and Regulations of the State Fair Employment and Housing Commission

The sexual harassment training and education regulations promulgated by California's Fair Employment and Housing Commission have been approved by the state's Office of Administrative Law with only minor, nonsubstantive modifications, at which time employers must ensure their training programs are in compliance with the regulations' provisions. Title 2, Division 4, Chapter 2, Subchapter 2, Section 7288.0, as adopted effective Aug. 17, 2007. ¶5-20,077.10.

Recordkeeping/Posters Law

The state has updated its antidiscrimination poster (CO ¶6-9900).

Discrimination on Public Works Contracts Law

Provisions pertaining to appeals of compliance hearings for public works contracts were amended to conform to the changes made to the Human Rights and Opportunities Act. Title 46a, Chapter 814c, Sections 46a-68h and 46a-68i, as repealed and amended by P.A. 07-142 (S.B. 1106), L. 2007, effective July 1, 2007.  ¶7-23,300.07 and ¶7-23,300.08.

Family and Medical Leave-State Employment Law

Municipalities of the state shall grant any employee, who is a party to a civil union, and who has been employed for at least twelve months and for at least one thousand two hundred fifty hours of service with such employer during the previous twelve-month period the same family and medical leave benefits under the federal Family and Medical Leave Act. In addition, any employee of a municipality who has worked at least twelve months and one thousand two hundred fifty hours for such employer during the previous twelve-month period may request leave in order to serve as an organ or bone marrow donor. The law is not yet codified and reads as enacted by P.A. 07-245 (S.B. 1447), L. 2007, Sec. 1, effective Oct.1, 2007. ¶7-22,451.02.

Human Rights and Opportunities Act

A separate and distinct process was established for the Commission on Human Rights and Opportunities to hear and remedy complaints against contractors and subcontractors for noncompliance with antidiscrimination statutes, mandatory state contract provisions and equal employment requirements Title 46a, Chapter 814c, Sections 46a-51, 46a-56, 46a-82, 46a-83, 46a-84, and 46a-86, as amended by P.A. 07-142 (S.B. 1106), L. 2007, effective July 1, 2007. ¶7-20,025.01, ¶7-20,025.06, ¶7-20,025.32, ¶7-20,025.33, ¶7-20,025.34, and ¶7-20,025.36.

Military and Emergency Services Leave Law

Connecticut has enacted a law extending certain military service benefits to state employees serving in Operation Jump Start along the Mexican border and certain other operations. The law also clarifies that any state employee shall be eligible for military service benefits and other state benefits regardless of whether the employee’s contract classifies the employee’s leave as recess rather than vacation (P.A. 07-112 (S. 1186), L. 2007, at CT ¶7-7200).

Sexual Orientation Discrimination Law

Employers, employment agencies and labor organizations are prohibited from discriminating against individual on the basis of civil union status. Also, the provisions pertaining to the construction of the Connecticut’s sexual orientation law were amended to conform to the changes made to the Human Rights and Opportunities Law. Title 46a, Chapter 814c, Part II, Sections 46a-81c and 46a-81r, as amended by P.A. 07-142 (S.B. 1106), L. 2007, effective July 1, 2007 and P.A. 07-245 (S.B. 1447), L. 2007, effective July 10, 2007. ¶7-20,450.03 and ¶7-20,450.18.

Preemployment Inquiries Law

The state has amended its law relating to credit and criminal investigations of guardians and employees of professional guardians (Ch. 2007-127 (H. 7111), L. 2007, at FL ¶10-9000).

Additionally, the state has provided for a High School to Business Career Enhancement Program. Under this program, employees and contracted personnel of a participating employer who have direct unsupervised access to student interns must undergo a level 2 background screening (Ch. 2007-122 (H. 1161), L. 2007, at FL ¶10-9000).

Family Leave Law

An employee, and not an employer, has the option to substitute accrued paid leave, including vacation, personal, or family leave, for any part of the four-week period allowed for family leave by state law. Title 21, Chapter 398, Part I, Section 398-4, as amended by Act 265 (S.B. 1833), L. 2007, effective July 1, 2007. ¶12-22,450.04.

Recordkeeping/Posting Law

The state's minimum wage posters have been updated (English and Spanish versions) (ID ¶13-9900).

Child Labor Law

The Child Labor Law has been amended to prohibit a minor under 16 years of age from being employed, permitted, or allowed to work in occupations that involve handling or storage of human blood, human blood products, human body fluids, or human body tissues (H. 3165, L. 2007, at IL ¶14-1500).

Child Support Enforcement Law

The Income Withholding for Support Act has been amended. Only when an employer has incurred sums due under the income withholding penalty provisions and is unable to pay such amounts may personal liability attach to a responsible officer or employee who has willfully failed to withhold and pay over income as required under the income withholding notice (H. 619, L. 2007, at IL ¶14-5500).

Criminal Background Checks Law

A fingerprint-based check as a condition of employment with a health care employer and a check for active status on the health Care Worker's Registry. The amendments include employment in long-term care facilities. Chapter 225, Sections 46/15, 46/20, 46/25, 46/33, 46/50 and 46/55, as amended and enacted by P.A. 120 (S.B. 866), L. 2007, effective Aug. 13, 2007. ¶14-23,600.23 through ¶14-23,600.28.

Discrimination Based on Religious Beliefs—Topic added.

Any person, association, partnership or corporation is prohibited from discriminating against another in hiring, promotion, advancement, transfer, licensing, granting of hospital privileges, or staff appointments, because of that person's refusal to recommend, perform or assist in the performance of an abortion. Chapter 745, Section 30/1. Also, It shall be unlawful for any public or private employer, entity, agency, institution, official or person to place any reference in its application form concerning, to orally question about, to impose any burdens in terms or conditions of employment on, or to otherwise discriminate against, any applicant, in terms of employment, admission to or participation in any programs for which the applicant is eligible, or to discriminate in relation thereto, in any other manner, on account of the applicant's refusal to receive, obtain, accept, perform, counsel, suggest, recommend, refer, assist or participate in any way in any forms of health care services contrary to his or her conscience. Chapter 745, Sections 70/5, 70/7, 70/12. ¶14-22,451.01 through ¶14-22,451.04.

Drug Testing Law

Any person, firm, corporation, or other entity that owns or operates a carnival must have a substance abuse policy in place for its workers, which shall include random drug testing of carnival workers (H. 820, L. 2007, at IL ¶14-8600).

Employment of Aliens Law—Topic added.

Employers are prohibited from enrolling in any Employment Eligibility Verification System, including the Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by PL 104-208, div. C, title IV, subtitle A), until the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases are able to make a determination on 99% of the tentative nonconfirmation notices issued to employers within 3 days, unless otherwise required by federal law. Chapter 820, Section 55/12, as enacted by H.B. 1744, L. 2007, effective June 1, 2008. ¶14-24,050.01.

Fair Employment Practices Law

The state has amended its Human Rights Act with respect to immigration-related practices. It will be a civil rights violation for an employer participating in the federally authorized Basic Pilot Program (for employment eligibility confirmation) to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment without following the procedures under the Basic Pilot Program (H. 1743, L. 2007, at IL ¶14-2500).

Family, Medical and Parental Leaves Law

A state government employee who is also a veteran shall be permitted four days per year to visit a veterans hospital or clinic for examination of a military service-connected disability. The four days shall not be charged against any sick leave currently available to the employee. Prior law allowed two days per year for such leave (H. 639, L. 2007, at IL ¶14-7000).

Also, the Organ Donor Leave Act has been amended with respect to blood donation. An employee may use up to one hour or more to donate blood every 56 days, and up to two hours or more to donate blood platelets (H. 411, L. 2007, at IL ¶14-7000).

Health Insurance Benefit Coverage Law

A group policy of accident or health insurance or managed care plan amended, delivered, issued, or renewed after January 1, 2008, shall not, solely on the basis of the insured being intoxicated or under the influence of a narcotic, exclude coverage for any emergency or other medical, hospital, or surgical expenses incurred by an insured as a result of and related to an injury acquired while the insured is intoxicated or under the influence of any narcotic, regardless of whether the intoxicant or narcotic is administered on the advice of a health care practitioner (S. 21, L. 2007, at IL ¶14-4000).

Also, group insurers and HMOs will be required to provide coverage for complete and thorough clinical breast examinations as indicated by guidelines of practice, performed by a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a collaborative agreement with a collaborating physician that authorizes breast examinations, or a physician assistant who has been delegated authority to provide breast examinations, to check for lumps and other changes for the purpose of early detection and prevention of breast cancer as follows: (1) at least every three years for women at least 20 years of age but less than 40 years of age; and (2) annually for women 40 years of age or older (H. 147, L. 2007, at IL ¶14-4000).

In addition, the Illinois Insurance Code and the Health Maintenance Organization Act have been amended to provide that insurers shall provide coverage for a comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue, when medically necessary as determined by a physician licensed to practice medicine in all its branches (S. 1365, L. 2007, at IL ¶14-4000).

Human Rights Act

The Employment Article of the Illinois Human Rights Act has been amended to provide that it is a civil rights violation for a public employer to refuse to temporarily transfer a pregnant female peace officer to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, if that transfer can be reasonably accommodated. There are also provisions for pregnant fire fighters. In addition, it is a civil rights violation for an employer participating in the Basic Pilot Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by PL 104-208, div. C title IV, subtitle A) to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment without following the procedures under the Basic Pilot Program. Chapter 775, Act 5, Article 2, Section 5/2-102, as amended by Act 137 (H.B. 1743), L. 2007 and H.B 166, L. 2007, effective June 1, 2008. ¶14-20,026.02.

Also, the review of certain decisions of the Director of Human Rights regarding charges shall be conducted by the Human Rights Commission, rather than the Chief Legal Counsel of the Department of Human Rights. Chapter 775, Act 5, Sections 7/7-101.1, 5/7A-102, 7/7A-103, 8-103, 8-110, and 8-111, as amended by P.A. 243 (H.B 1509), L. 2007, effective Jan. 1, 2008. ¶14-20,028.011, 1¶14-20,029.02, ¶14-20,029.03, ¶14-20,030.03, ¶14-20,030.10, and ¶14-20,030.11.

Military and Emergency Services Leave Law

The Volunteer Emergency Worker Job Protection Act will not apply to any employer that is a municipality with a population of 7,500 or more (formerly, 3,500 or more) (H. 1031, L. 2007, at IL ¶14-7200).

Preemployment Inquiries Law

The Right to Privacy in the Workplace Act has been amended. Employers are prohibited from enrolling in any Employment Eligibility Verification System, including the Basic Pilot program, as authorized by federal law, until the Social Security Administration and Department of Homeland Security databases are able to make a determination on 99% of the tentative nonconfirmation notices issued to employers within three days (H. 1744, L. 2007, at IL ¶14-9000).

Also, the Health Care Worker Background Check Act has been amended to require a fingerprint-based check as a condition of employment with a health care employer (S. 866, L. 2007, at IL ¶14-9000), and there are new provisions for criminal history checks for carnival workers (H. 820, L. 2007, at IL ¶14-9000.

Pregnancy/Maternity Discrimination Law

The Employment Article of the Human Rights Act has been amended to provide that it is a civil rights violation for a public employer to refuse to temporarily transfer a pregnant female peace officer to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, if that transfer can be reasonably accommodated. There are also provisions for pregnant fire fighters (H. 166, L. 2007, at IL ¶14-3000).

Recordkeeping/Posters Law

The state has added a minimum wage poster. English and Spanish versions are available (IL ¶14-9900).

Violence in the Workplace Law

Placing a person under surveillance, for purposes of the state's anti-stalking law, will include placing an electronic tracking device on the person or the person's property (H. 6, L. 2007, enacted August 10, 2007, at IL ¶14-3300).

Wage Payment Law

Employees may now file a complaint with the Department of Labor alleging a violation of the Illinois Wage Payment and Collection Act by submitting a signed, completed wage claim application on a form provided by the Department and by submitting copies of all supporting documentation. The complaint must be filed within one year after the wages, final compensation, or wage supplements were due. The Act has also been amended to increase penalties for unpaid wages by providing that an employer is liable to the Department of Labor for 20 percent of the amount of unpaid wages, in addition to the one percent penalty the employer must pay employees for each day of delay (up to twice the amount owed), when the employer fails to pay the wages due within 15 days of being ordered or demanded to do so by the labor director. Penalties may be recovered in a civil action brought by the labor director in any circuit court (P.A. 95-209 (H. 1359), L. 2007, at IL ¶14-1200).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (IN ¶15-9900).

Violence in the Workplace Law

Nothing in the Personal and Family Protection Act shall be construed to prevent : (1) any public or private employer from restricting or prohibiting by personnel policies persons licensed under this act from carrying a concealed weapon while on the premises of the employer's business or while engaged in the duties of the person's employment by the employer, except that no employer may prohibit possession of a firearm in a private means of conveyance, even if parked on the employer's premises; or (2) any private business or city, county or political subdivision from restricting or prohibiting persons licensed under this act from carrying a concealed weapon within a building or buildings of such entity, provided that the premises are posted as premises where carrying a concealed weapon is prohibited (Ch. 166 (H. 2528), L. 2007, at KS ¶17-3300).

AIDS Confidentiality of Tests Law

Except as provided, specifically authorized, or required by a state or federal law, in the event that HIV diagnostic testing is offered to a person as part of a routine medical screening in health care settings, substance abuse treatment facilities, mental health treatment facilities, and correctional settings, the patient shall be informed orally or in writing that HIV testing shall be performed unless the patient declines or ``opts out'' of the testing. Title 40, Chapter 5, Part XLI, Sections 1300.12, 1300.13 and 1300.16, as amended and repealed by Act 153 (H.B. 512), L. 2007, effective Aug. 15, 2007. ¶19-22,250.02, ¶19-22,250.03 and ¶19-22,250.06.

Family Medical Leave Law

Intermittent or reduced leave schedule family medical leave may be taken for the birth, adoption or serious illness of a child or the employee's domestic partner's child, the serious illness of the employee, spouse or domestic partner and for the donation of a human organ. The taking of leave intermittently or on a reduced leave schedule may not result in a reduction in the total amount of leave to which the employee is entitled beyond the amount of leave actually taken. Title 26, Chapter 7, Subchapter VI-A, Sections 843 and 844, as amended by P.L. 233 (H.B. 889), L. 2007, effective Sept. 20, 2007. ¶20-22,450.01 and ¶20-22,450.02.

Human Rights Act

The definition of "physical or mental disability" includes a physical or mental impairment that: (1) substantially limits one or more of a person's major life activities; (2) significantly impairs physical or mental health; or (3) requires special education, vocational rehabilitation or related services. However, ``physical or mental disability'' does not include pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking, sexual orientation or psychoactive substance use disorders resulting from current illegal use of drugs. Title 5, Part 12, Chapter 337, Sections 4553, 4553-A, 4554 and 4566, as amended by P.L. 385 (S.B. 344), L. 2007, effective June 21, 2007. ¶20-20,025.03 through ¶20-20,025.04 and ¶20-20,026.06.

Unemployment Insurance Law

Rate information has been updated (MT ¶27-1700).

Recordkeeping/Posters Law

The state has updated its minimum wage posters (English and Spanish versions) (NE ¶28-9900).

Employment of Aliens Law—Topic added.

Any person who holds a state business license is prohibited from hiring or employing an unauthorized alien. However, if the person who holds a state business license demonstrates that the person attempted to verify the social security number of the unauthorized alien within 6 months from the date on which the unauthorized alien was allegedly employed, fines may be waived. The Department of Business and Industry will maintain a link on its website which connects to the Social Security Administration where an employer may verify the social security number of an employee. Ch. 316 (A.B. 383), L. 2007, Sections 9 and 10, as enacted June 2, 2007, effective Oct. 1, 2007. ¶29-24,050.01 and ¶29-24,050.02.

Fair Employment Practices Act

The definition of “disability” under the Nevada Fair Employment Practices Act will specifically include the human immunodeficiency virus. Title 53, Section 613.310, as amended by Ch. 438 (A.B. 443), L. 2007, effective Oct. 1, 2007. ¶29-20,025.01.

Preemployment Inquiries Law

The state has enacted a law requiring an employer or former employer of a person who is an applicant for a position as a firefighter with a fire-fighting agency to provide certain information regarding the applicant to the fire-fighting agency under certain circumstances. Immunity from civil liability in certain circumstances is provided for an employer or former employer who discloses such information (Ch. 285 (A. 51), L. 2007, at NV ¶29-9000).

Unemployment Insurance Law

The taxable wage base in Nevada for 2008 will be $25,400. This is an increase of $800 over the 2007 taxable wage base amount of $24,600 (NV ¶29-1700).

COBRA Law

Effective January 1, 2008, New Hampshire will recodify its state continuation law requirements. While most provisions remain unchanged, the notice and election requirements have been amended. Beginning January 1, 2008, carriers must provide to each covered individual at the start of coverage a summary plan description describing their continuation coverage rights. When coverage ceases, the carrier must notify the individual of the right to continue to coverage, and the applicable premium. An individual electing continuation coverage must notify the carrier in writing within 45 days (currently, 30) of the date of the notice. A copy must be provided to the employer or plan administrator.

Effective January 1, 2008, conversion coverage rules will be amended to provide that individuals whose group continuation coverage terminates may opt to obtain conversion coverage from the New Hampshire high risk pool. A group plan member must be given written notice of the option to convert within 30 days (currently, 15) after the date group coverage terminates (Ch. 289 (H. 921), L. 2007, at NH ¶30-4200).

Criminal Background Checks Law

A school administrative unit, school district, or charter school are required to adopt a policy designating certain categories of volunteers as "designated volunteers" who may be required to undergo a background investigation and a criminal history records check. In addition, the law provides limited liability to a school administrative unit, school district, or charter school for acting in good faith in accordance with a policy on volunteers. Title XV, Chapter 189, Section 189-13a, as amended by Ch. 319 (H.B. 37), L. 2007, effective Sept. 14, 2007. ¶30-23,600.01.

The board of Nursing shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board. The board shall maintain the confidentiality of all criminal history records information received. Title XXX, Chapter 326-B, Section 326-B:15, as amended by Ch. 303 (S.B. 46), L. 2007, effective Sept. 11, 2007. ¶30-23,600.41.

Recordkeeping/Posters Law

The state has updated its minimum wage poster, and has added a new poster regarding criteria to establish an employee or independent contractor (NH ¶30-9900).

Equal Employment Opportunity and Affirmative Action in State Employment Rules

Discrimination or harassment in state employment on the basis of race, creed, color, national origin, ancestry, sex, affectional or sexual orientation, age, marital status, domestic partnership status, familial status, religion, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability occurring at a lower threshold than that prohibited by Federal or State law is prohibited. Also, the definition of ``spouse'' was extended to a party to a civil union. Title 4A, Chapter 7, Sections 4A:7-1.1, 4A:7-2.1, 4A:7-2.2, 4A:7-2.3, 4A:7-3.1, and 4A:7-3.2, as amended effective Aug. 20, 2007. ¶31-23,401.01, ¶31-23,401.11, ¶31-23,401.12, ¶31-23,401.13, ¶31-23,401.21 and ¶31-23,401.22.

Breastfeeding Rights in Employment Law—Topic added.

An employer shall provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following childbirth. The employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy. No employer shall discriminate in any way against an employee who chooses to express breast milk in the workplace. Labor Law, Article 7, Section 206-c, as enacted by A.B. 1060, L. 2007, effective August 15, 2007. ¶33-22,650.02.

Blood Donation Leave Law—Topic added.

An employer must grant three hours' leave of absence in any 12-month period to an employee who seeks to donate blood. The leave of absence may not exceed three hours, unless otherwise agreed to by the employer, and must comply with specific notice requirements. For purposes of this law, ``employer'' is defined as a person or entity that employs 20 or more employees at at least one site, and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, public authority or other governmental subdivision of any kind. New York Labor Law, Article 7, Section 202-j, as enacted by Ch. 578 (A.B. 3818), L. 2007, effective December 13, 2007. ¶33-22,950.03.

Criminal Background Checks Rules

Beginning July 1, 2007, any nonpublic or private elementary or secondary school that elects to submit to the department requests for criminal history record review for prospective employees shall notify the assistant commissioner of the Office of Teaching Initiatives, or his designee, on forms to be provided by the department of its intent to elect to fingerprint and seek clearance from the department for prospective employees through the department's TEACH online services system. Upon receipt of such election form, the assistant commissioner shall begin accepting fingerprints for prospective employees of that nonpublic or private elementary or secondary school for the purpose of clearance of employment. Title 8, Chapter II, Subchapter C, Part 87, Sections 87.1, 87.2, 87.4, 87.5, 87.6, 87.8 and 87.10, as amended and adopted effective July 1, 2007. ¶33-23,650.01, ¶33-23,650.02, ¶33-23,650.04, ¶33-23,650.05, ¶33-23,650.06, ¶33-23,650.08 and ¶33-23,650.10.

Disability Law

The state has clarified the scope of protections against discrimination on the basis of disability under its Human Rights Law in the areas of public accommodation to be consistent with the federal Americans with Disabilities Act and the current policies and practices of the Division of Human Rights (A. 4932, L. 2007, at NY ¶33-2600).

Discrimination on the Basis of Arrest Record—Topic added.

No application for any license or employment, and no employment or license held by an individual or acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of ``good moral character'' when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless: (1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or (2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. Corrections Law, Article 23-A, Sections 750 through 755, as amended by S.B. 1602, L. 2007, effective July 18, 2007. ¶33-23,500.01 through ¶33-23,500.06.

Family, Medical and Parental Leaves Law

The definition of “employer” under the state's family military leave law has been amended to include the state. This change is deemed to have been in full force and effect on and after August 16, 2006 (S. 1567, L. 2007, at NY ¶33-7000).

Effective December 13, 2007, an employer must grant three hours’ leave of absence in any 12-month period to an employee who seeks to donate blood. The leave of absence may not exceed three hours, unless otherwise agreed to by the employer, and must comply with specific notice requirements. For purposes of this law, “employer” is defined as a person or entity that employs 20 or more employees at at least one site, and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, public authority or other governmental subdivision of any kind (Ch. 578 (A. 3818), L. 2007, at NY ¶33-7000).

Family Military Leave Law

In New York, an employee who has a spouse who is a member of the armed forces of the United States, the National Guard or reserves on deployment during a military conflict to a combat theater or combat zone of operations may take an unpaid leave of absence of up 10 days when the spouse is on leave from such deployment. This law is amended effective August 16 to clarify that a covered employer includes the state, as well as an individual or a corporation, county, town, city, school district, public authority or other government subdivision if the person or entity employs 20 or more employees at at least one site. New York Labor Law, Article 7, Section 202-i, as amended by Ch. 516 (S.B. 1567), L. 2007, effective Aug. 16, 2007. NY ¶33-22,452.01.

Health Insurance Benefit Coverage Law

The Insurance Law has been amended with respect to coverage for mental illness (S. 6234, L. 2007, at NY ¶33-4000).

Human Rights Act

Provisions pertaining to service animals were clarified. It shall be an unlawful discriminatory practice for any person to discriminate against a blind person, a hearing impaired person or a person with a disability on the basis of his or her use of a guide dog, hearing dog or service dog, regardless of their extent of their disability. ``Guide dog'' means any dog that is trained to aid a person who is blind by a recognized guide dog training center or professional guide dog trainer, and is actually used for such purpose. While ``hearing dog'' was defined as any dog that is trained to aid a person with a hearing impairment by a recognized hearing dog training center or professional hearing dog trainer, and is actually used for such purpose. Finally, ``service dog'' means any dog that is trained to work or perform specific tasks for the benefit of a person with a disability by a recognized service dog training center or professional service dog trainer, and is actually used for such purpose (Executive Law, Article 15, Sections 292 and 296, as amended by Ch. 133 (A.B. 7952), L. 2007, effective Oct. 1, 2007). ¶33-20,025.02 and ¶33-20,025.06.

Human Rights Law

The state has clarified the scope of protections against discrimination on the basis of disability under its Human Rights Law in the areas of public accommodation to be consistent with the federal Americans with Disabilities Act and the current policies and practices of the Division of Human Rights. New York Executive Law, Article 15, Section 296, as amended by A.B. 4932, L. 2007, effective Jan. 1, 2008. ¶33-20,025.06.

Meal and Rest Periods Law

An employer shall now provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following childbirth. The employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy. No employer shall discriminate in any way against an employee who chooses to express breast milk in the workplace (A. 1060, L. 2007, at NY ¶33-1400).

Minimum Wage Law

The current living wage rate for Suffolk County is $10.40 per hour with health benefits and $11.84 per hour without health benefits (NY ¶33-1000).

Access to Personnel Files Law

Effective January 1, 2008, the state will impose timelines for employers to provide copies or allow inspection of personnel records by employees. Employers and employees will be allowed to agree to an extension of time for copying and inspection. There will also be new penalties for violation of the law (Ch. 276 (H. 2254), L. 2007, at OR ¶38-8500, ¶38-23,700.01). 

Criminal Background Checks Law

Applicants for teaching, administrative licenses or for registration as a public charter school teacher or administrator is required to undergo criminal records check and submit a set of fingerprints. Title 30, Chapter 342, Sections 342.143, 342.175, 342.223, as amended by Ch. 575 (S.B. 214), L. 2007, effective July 1, 2007. ¶38-23,600.11 through ¶38-23,600.13.

Criminal Background Checks Rules

The rules pertaining to the criminal history clearance of Adult foster homes and their employees were amended. Chapter 411, Division 50, Sections 411-050-0405, 411-050-0412, 411-050-0420, 411-050-0440 and 411-050-0480, as amended effective Jan. 1, 2007. ¶38-23,651.21 through ¶38-23,651.25.

Disability Law Summary

The state has amended its fair housing law to include within the meaning of “discrimination” failure to design and construct a covered multifamily dwelling as required by the federal Fair Housing Act.

Also, a person may not deny access to, or membership or participation in, any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or discriminate against any person in the terms or conditions of the access, membership or participation, because that person is a person with a disability.

Additionally, in the sale, lease or rental of real property, a person may not disclose to any person that an occupant or owner of the real property has or died from HIV or AIDS (S. 725, L. 2007, at OR ¶38-2600).

Fair Employment Practices Act

Enforcement provisions of the Oregon Fair Employment Practices Act have been amended. Title 51, Chapter 659A, Sections 659A.003, 659A.006, 659A.805, 659A.830, 659A.835, 659A.845, 659A.850, 659A.855, 659A.870 and 659A.885, as amended by S.B. 725, L. 2007, effective Jan. 1, 2008. ¶38-20,025.003, ¶38-20,025.003, ¶38-20,025.805, ¶38-20,025.830, ¶38-20,025.835, ¶38-20,025.845, ¶38-20,025.850, ¶38-20,025.855, ¶38-20,025.870, and ¶38-20,025.885.

Fair Employment Practices Law

Enforcement provisions of the Oregon Fair Employment Practices Act have been amended (S. 725, L. 2007, at OR ¶38-2500).

Health Insurance Benefits Coverage Law

Health benefit plan policies issued or renewed on or after January 1, 2008, will be required to provide coverage for medically necessary medical services for a child enrolled in the plan who is under 18 years of age and who has been diagnosed with a pervasive developmental disorder. This includes rehabilitation services that are medically necessary and are otherwise covered under the plan (H. 2918, L. 2007, at OR ¶38-4000).

Coverage will also be required for prescription contraceptives (Ch. 182 (H. 2700), L. 2007, at OR ¶38-4000); prosthetic and orthotic devices (Ch. 374 (H. 2517), L. 2007, at OR ¶38-4000); and acupuncture services performed by a licensed acupuncturist (Ch. 313 (S. 59), L. 2007, at OR ¶38-4000).

Violence in the Workplace Law

The state has enacted a law, effective January 1, 2008, that will require health care employers to (1) develop and implement an assault prevention and protection program based on security and safety assessments which identify existing or potential hazards for assaults committed against employees, and (2) provide assault prevention and protection training to employees (Ch. 397 (H. 2022), L. 2007, at OR ¶38-3300).

Whistleblower Protection Law

The time in which a person may file a retaliation complaint under occupational safety and health laws has been increased from 30 days to 90 days (Ch. 279 (H. 2259), L. 2007, at OR ¶38-3600).

Recordkeeping/Posters Law

The state's minimum wage poster has been updated (PA ¶39-9900).

Unemployment Insurance Law

Rate information has been updated (PA ¶39-1700).

Criminal Background Checks Law

The state now requires any person seeking employment as a RIde (Rhode Island Public Transit Authority) bus driver to undergo a criminal background check. Title 39, Chapter 39-18, Section 39-18-4.1, as amended by Ch. 241 (S.B 186), L. 2007, effective July 3, 2007. ¶41-23,601.11.

Child Support Enforcement Law

The state has enacted a law making the failure of an employer to turn over income for child support withheld from an obligor a breach of fiduciary duty to the obligor (Ch. 312 (H. 545), L. 2007, at TN ¶44-5500).

Criminal Background Checks Law

It is the duty of a local board of education or child care program to require applicants to supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation prior to permitting the person to have contact with such children or enter school grounds. No applicant shall come in direct contact with school children or to children in a child care program or enter the grounds of a school or child care center when children are present until the criminal history records check has been conducted on such person. Title 49, Chapter 5, Section 49-5-413, as amended by Ch. 587 (S.B. 2048), L. 2007, effective Sept. 1, 2007.

The State Board of Education shall automatically revoke the license of a licensed teacher or administrator without the right to a hearing upon receiving verification of the identity of the teacher or administrator together with a certified copy of a criminal record showing that the teacher or school administrator has been convicted of heinous crime. Title 49, Chapter, a section to be appropriately codified, as enacted by Ch. 432 (S.B. 1730), L. 2007, effective July 1, 2007. ¶44-23,600.04.

Drug Testing Law

The state has added drug testing requirements for specified motor carrier operators (Ch. 329 (S. 1612), L. 2007, at TN ¶44-8600).

Employment of Aliens Law

No person may enter into a contract to supply goods or services to the state or other state entities without first attesting in writing that the person will not knowingly utilize the services of illegal immigrants in the performance of the contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of the contract. Title 12, Chapter 4, Part 1, Section 12-4-124, as enacted by Ch. 878 (H.B. 111), L. 2006, effective January 1, 2007. ¶44-24,050.01.

Military and Emergency Services Leave Law

Public officers and employees who are reservists on military leave are to be paid salary or compensation not to exceed 20 (formerly, 15) working days in any one calendar year, plus such additional days as may result from any call to active state duty (Ch. 360 (H. 2243), L. 2007, at TN ¶44-7200).

Preemployment Inquiries Law

The background check law for fire protection personnel has been amended (Ch. 323 (H. 2000),
L. 2007, at TN ¶44-9000).

Unemployment Insurance Law

Tennessee has amended its employment security law to eliminate language that disqualified a claimant from receiving benefits for any week that he or she received wages in lieu of notice (TN ¶44-1700).

Criminal Background Checks Law

Employer-based day care facility operators, caregivers and other prospective employees who will have direct access to children are required to under criminal background check. Title 2, Subtitle D, Chapter 42, Subchapter F, Sections 42.151, 42.153, and 42,159, as enacted H.B. 1385, L. 2007, effective Sept. 1, 2007. ¶45-23,600.35 through ¶45-23,600.37.

A school district, school, service center, or shared services arrangement, or a commercial transportation company under contract with a school district, that obtains information that a person has been convicted of a felony or misdemeanor involving moral turpitude may not employ the person to drive a school bus on which students are transported unless the employment is approved by the board of trustees of the school district or the board's designee. Title 7, Subtitle B, Chapter 521, Section 521.022, as amended by Ch. 923 (H.B. 3190), L. 2007, effective Sept. 1, 2007. ¶45-23,600.11.

Noncertified employees must submit to a national criminal history record information review under this section before being employed or serving in a capacity in a school district or open-enrollment charter school, or a shared services arrangement, if the employee's or applicant's duties are or will be performed on school property or at another location where students are regularly present. Also, other criminal background checks provision pertaining to school personnel were amended. Title 7, Subtitle B, Chapter 22, Sections 22.082, 22.083, 22.0833 through 22.0837, 22.085, as amended and enacted by Ch. 1372 (S.B.9), L. 2007, effective Sept. 1, 2007. ¶45-23,600.021 through ¶45-23,600.25 and ¶45-23,600.04.

The Texas Education Agency is entitled to obtain criminal history record information about a person who: (1) is employed or is an applicant for employment by a school district or open-enrollment charter school; (2) is employed or is an applicant for employment by a shared services arrangement, if the employee's or applicant's duties are or will be performed on school property or at another location where students are regularly present; or (3) is employed or is an applicant for employment by an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement. Title 4, Subtitle B, Chapter 411, Sections 411.0901 and 411.097, as enacted and amended by Ch. 1372 (S.B.9), L. 2007, effective Sept. 1, 2007. ¶45-23,601.001 and ¶45-23,601.01. 

Employment of Aliens Law—Topic added.

A public agency, state or local taxing jurisdiction, or economic development corporation shall require a business that submits an application to receive a public subsidy to include in the application a statement certifying that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker. Title 10, Subtitle F, Chapter 2264, Sections 2264.001 through 2264.101, as enacted by Ch. 853 (H.B. 1196), L. 2007, effective Sept. 1, 2007. ¶45-24,050.01 through ¶45-24,050.04.

Health Insurance Benefit Coverage Law

Group insurers will be required to provide coverage for covered services provided by naturopathic physicians. Coverage for prostate cancer screenings will also be required (Act 59 (S. 39), L. 2007, at VT ¶47-4000).

Criminal Background Checks Rules

The Department of Social and Health Services must review the following criminal convictions and pending charges based on identifying information provided by an applicant. However, if an applicant has lived in Washington State for less than three years prior to the check, the department must conduct a fingerprint based background check for you to have unsupervised access to children or to individuals with developmental disabilities. Title 388, Chapter 388-06, Sections 388-06-0110, 388-06-0150 and 388-06-0160, as amended effective July 22, 2007. ¶50-23,650.24, ¶50-23,650.28 and ¶50-23,650.29.

Parental Leave Rules-State Employees

The family leave required by the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) must be in addition to any leave for sickness or temporary disability because of pregnancy or childbirth. Title 357, Chapter 357-31, Section 357-31-480, as amended effective July 1, 2007. ¶50-22,501.05.

Recordkeeping/Posters Law

The state has updated its unemployment insurance poster (WV ¶50-9900).