State Law Changes

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CCH® State Law Changes are brief summaries of information contained in Human Resources Management State Employment Law and Employment Practices Guide, CCH InternetSM Research Network™ IRN) subscription products. You must be a subscriber to these products to access the IRN links in the monthly compilations.

August 29, 2008 Update

Alabama Top of Page

Discrimination Against Persons with Disabilities

The Legislature found it necessary to clarify preferred language for new and revised laws by requiring the use of terminology that puts the person before the disability. Title 21, Chapter 7, Section 21-7-1, as amended by Act 483 (S.B. 344), L. 2008, effective Aug. 1, 2008. ¶1-20,750.01.

Unemployment Insurance Law

The Alabama Unemployment Compensation Law has been amended as follows:

An individual's weekly benefit amount equals 1/26th of the average quarterly wage for insured work from his or her two highest base period quarters. Effective July 6, 2008, the weekly maximum benefit amount is $255.

For calendar quarters beginning April 1, 1992, and ending September 30, 2010, rates for contributing employers are generally adjusted downward by 0.06% through the use of an adjustment chart that appears in the law. This adjustment is a counterbalance to the additional tax that results from the special 0.06% assessment on wages that is imposed on contributing employers for the period of April 1, 1992, through September 30, 2010, by the Employment Security Enhancement Act.

Employers that pay a rate of 5.4%, a rate above 5.4% that would be reduced to a rate of less than 5.4% by application of the adjustment, that use reimbursement financing, or that have insufficient employment history to qualify for experience rating are specifically exempt from the special assessment. These same employers do not receive the 0.06% downward adjustment in their basic contribution rates (AL ¶1-1700).

Alaska Top of Page

Unemployment Insurance Law

The Alaska Employment Security Act has been amended as follows:

Effective January 1, 2009, the minimum weekly benefit amount in Alaska will be $56, and the maximum weekly benefit amount will be $370. Effective January 1, 2009, the amount of wages necessary during an individual's base period for covered employment will be $2,500. The individual will be eligible for benefits if those wages were paid in at least two of the calendar quarters of his or her base period. The rate of contributions for each eligible employer is a percentage of the average benefit cost rate multiplied by the employer’s experience factor. The current percentage is 80%; however, the percentage will be 76% beginning January 1, 2009, and 73% beginning January 1, 2010. The rate of contributions payable by each employee is equal to 20% of the average benefit cost rate, rounded to the nearest 0.01%, but not less than 0.5% or more than 1.0%. Beginning January 1, 2009, the percentage will be 24%, and beginning January 1, 2010, the percentage will be 27% (AK ¶2-1700).

Arizona Top of Page
No Updates as of August 29, 2008
Arkansas Top of Page

Criminal Background Checks Rules

Provisions pertaining to background checks of school district personnel were amended. ADE-287, Sections 1.00 through 8.00, as adopted effective May 17, 2008. ¶4-23,650.01 through ¶4-23,650.08.

The board of directors of a local school district or an education service cooperative shall require, as a condition for initial employment or non-continuous employment as a substitute teacher, that an individual apply to the Identification Bureau of the Arkansas State Police for statewide and national criminal records checks. ADE-286, Sections 1.00 through 4.00, as adopted effective May 17, 2008. ¶4-23,650.21 through ¶4-23,650.24.

Unemployment Insurance Law

Effective until June 30, 2009, the maximum weekly benefit amount in Arkansas is $431, and the minimum weekly benefit amount is $77 (AR ¶4-1700).

California Top of Page

Criminal Background Checks Law

Any individual is prohibited from entering upon the premises of a customer on behalf of a telephone corporation, state video franchiseholder, or video provider unless he or she has had a background check. Also, background checks are required to be conducted for persons hired under a personal services contract, or hired by independent contractors or vendors of a telephone corporation, state video franchiseholder, or video provider when those hires have direct contact with, or access to, the company's network or central office. Public Utilities Code, Division 4, Chapter 3, Section 7910, as amended by Ch. 195 (A.B. 2232), L. 2007, effective Jan. 1, 2009. ¶5-23,601.61.

Fair Employment Practices Law

In a much anticipated decision, the California Supreme Court ruled that a non-compete agreement was invalid because it restrained an accountant's ability to practice his profession. Noting that under state law “ … an employer cannot by contract restrain a former employee from engaging in his or her profession, trade, or business unless the agreement falls within one of the exceptions to the rule,” the Court rejected the argument that limiting an employee's ability to practice his or her vocation is permissible if it is reasonably based. The Court also rejected a “narrow-restraint” exception created and adopted by the Ninth Circuit that upheld non-compete agreements that prohibit individuals from pursuing only a small or limited part of their business, trade or profession (Edwards v Arthur Andersen LLP, CalSCt, August 7, 2008, at CA ¶5-2500).

In another case, a unanimous California Supreme Court ruled that the constitutional rights of religious freedom and free speech do not exempt a medical clinic's physicians from complying with a state-law prohibition against discrimination based on sexual orientation, addressing the hot-button social issue in the healthcare context in the case of a clinic physician who refused to artificially inseminate a lesbian patient based on religious objections. California's Unruh Civil Rights Act is "a valid and neutral law of generally applicability," thus the physicians are required to conform their conduct to its antidiscrimination requirements "even if compliance poses an incidental conflict" with their religious beliefs, the state high court held (North Coast Women's Care Medical Group v San Diego County Superior Ct, CalSCt, August 18, 2008, at CA ¶5-2500).

Military and Emergency Services Leave Law

Effective January 1, 2009, upon application to the city prosecutor of the city in which an employer maintains a place of business by any person claiming to be entitled to reemployment after returning from active duty, the city prosecutor, if reasonably satisfied that the person is entitled to these benefits, may appear and act as attorney for the person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and the prosecution thereof to specifically require the employer to comply with this section (Ch. 243 (A. 2449), L. 2007, enacted August 1, 2008, at CA ¶5-7200).

Minimum Wage Law

The living wage rates for Santa Barbara and Richmond have been updated (CA ¶5-1000).

Recordkeeping/Posters Law

The Santa Barbara living wage poster has been added (CA ¶5-9900).

Wage Payment Law

Any provision of a contract that purports to allow a deduction from a person's wages for the cost of emigrating and transporting that person to the United Sates is void as against public policy (Ch. 258 (A. 1278), L. 2007, enacted August 4, 2008, at CA ¶5-1200).

Additionally, California's wage payment law has been amended to prohibit employers from requiring employees, as a condition of being paid, to execute a statement as to the amount of hours worked in a pay period that the employer knows to be false. This provision becomes effective January 1, 2009, and is an amendment to current law that also prohibits employers from requiring employees to release a claim or right to wages due prior to having been paid. A release required or executed in violation of these provisions will be considered null and void (Ch. 224 (A. 2075, L. 2007, enacted August 1, 2008, at CA ¶5-1200).

In one of the first judicial decisions to define the parameters of a California law covering temporary employers, a federal district court held a temp worker failed to prove that a staffing company did not pay her on a timely basis, granting summary judgment to the staffing company. The plaintiff argued that the end of every temporary assignment constitutes a discharge which, under the California Labor Code, means she should have immediately been paid earned wages that were unpaid at the time of discharge. However, the court found the temporary employee was not in fact discharged. A discharge occurs when an employer “formally releases the employee and ends the employment relationship.” Here, the employer took no action to end the relationship. The nature of temp work is such that there will be intermittent periods where there are no work assignments, but the employment relationship is ongoing nonetheless. In addition, the employer did not violate the state labor code by failing to provide required information, including her EIN number and the employer's own information on her wage statements; the employer's self-identification on the wage statements was sufficient to satisfy the law's requirement (Elliot v Spherion Pacific Work, LLC, CDCal, August 13, 2008, at CA ¶5-1200).

Colorado Top of Page

Unemployment Insurance Law

Effective July 1, 2008, the maximum weekly benefit amount in Colorado is $431, the alternative maximum weekly benefit amount is $475, and the minimum weekly benefit amount is $25 (CO ¶6-1700).

Connecticut Top of Page
No Updates as of August 29, 2008
Delaware Top of Page

Health Insurance Benefit Coverage Law

All group and blanket health insurance policies, contracts or certificates that are delivered or issued for delivery in Delaware by any health insurer, health service corporation or managed care organization which provide for medical or hospital expenses and also provide coverage for other prostheses, shall provide coverage for expenses for a scalp hair prosthesis worn for hair loss suffered as a result of alopecia areata, resulting from an autoimmune disease. Such coverage shall be subject to the same limitations and guidelines as other prostheses, provided that such coverage for alopecia areata shall not exceed $500 per year (H. 290, L. 2007, enacted July 8, 2008, at DE ¶8-4000).

D.C. Top of Page
No Updates as of August 29, 2008
Florida Top of Page
No Updates as of August 29, 2008
Georgia Top of Page
No Updates as of August 29, 2008
Hawaii Top of Page
No Updates as of August 29, 2008
Idaho Top of Page

Unemployment Insurance Law

The current maximum weekly benefit amount is $364 (ID ¶13-1700).

Illinois Top of Page

Department of Human Rights Rules of Practice and Procedure

The definitions and the Department’s dismissal and Request for Review procedures were amended to reflect recent amendments to the Illinois Human Rights Act. Also, the Department's regulations were modified to limit the time period when the Chief Legal Counsel's Orders are published on the internet and to limit the time periods for maintaining orders at the Department and in archives. Title 56, Chapter II, Part 2520, Sections 2520.10, 2520.560, 2520.573, 2520.587 and 2520.795, as amended effective Aug. 1, 2008. ¶14-20,127.10, ¶14-20,127.560, ¶14-20,127.573, ¶14-20,127.587 and ¶14-20,127.795.

Discrimination Against Military personnel Law

Private and public employers shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee who requests leave to perform a civil air patrol mission. Sections 5, 25 and 30, as enacted by P.A. 85-763 (H.B. 5760), L. 2007, effective June 1, 2009. ¶14-21,150.11 and ¶14-21,150.15.

Fair Employment Practices Law

The state's Fire Protection District Act has been amended to provide that any elected or appointed trustee of a fire protection district shall be entitled to be absent from employment during open meetings of the board of trustees of the district. Employers need not compensate the trustee for time that the trustee is absent. Any discrimination against such trustee is prohibited (P.A. 866 (S. 2748), L. 2007, enacted August 19, 2008, at IL ¶14-2500).

Genetic Testing Law

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

Military and Emergency Services Leave Law

Illinois’ Civil Air Patrol Leave Act will require that an employer, including the state and units of local government, grant unpaid leave to its employees who are civil air patrol members performing a civil air patrol mission. The maximum amount of leave is based on the size of the employer's workforce. Employees' pre-leave benefits are protected, and restoration of benefits after the leave is required. Home rule is preempted (P.A. 95-763 (H. 5760), L. 2007, enacted July 28, 2008, at IL ¶14-7200).

Minimum Wage Law

The living wage rate for Chicago, effective July 1, 2008, is $10.60 per hour (IL ¶14-1000).

Recordkeeping/Posters Law

The Chicago living wage poster has been added (IL ¶14-9900).

Violence in the Workplace Law

Illinois' Criminal Code of 1961 has been amended with respect to cyberbullying and cyberstalking. The amendment provides that a person commits cyberstalking by knowingly and without lawful justification, creates and maintains a website or webpage accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person (S. 2426, L. 2007, enacted August 18, 2008, at IL ¶14-3300).

Indiana Top of Page

Unemployment Insurance Law

Effective July 1, 2008, the maximum weekly benefit amount in Indiana is $390, and the minimum weekly benefit amount remains at $50 (IN ¶15-1700).

Iowa Top of Page
No Updates as of August 29, 2008
Kansas Top of Page
No Updates as of August 29, 2008
Kentucky Top of Page

Unemployment Insurance Law

The current maximum weekly benefit amount in Kentucky is $415, and the current minimum weekly benefit amount is $39 (KY ¶18-1700).

Louisiana Top of Page

Maximum Hours Law

Governor Bobby Jindal has issued an executive order relating to hours of service of drivers of gas and/or electric utility service vehicles, effective August 22, 2008 (Executive Order BJ 08-35, at LA ¶19-1300).

Maine Top of Page
No Updates as of August 29, 2008
Maryland Top of Page
No Updates as of August 29, 2008
Massachusetts Top of Page

Health Insurance Benefit Coverage Law

The state has enacted a law increasing the required insurance coverage of nonprescription low protein and enteral formulas (Ch. 214 (H. 925), L. 2007, enacted July 30, 2008, at MA ¶22-4000).

Recordkeeping/Posters Law

The state's wage hour posters have been updated (English and Spanish versions) (MA ¶22-9900).

Workers' Compensation Law

Contractors working on public higher education capital improvements must properly classify their employees for purposes of workers' compensation (Ch. 258 (S. 2785), L. 2007, enacted August 6, 2008, at MA ¶22-4300).

Michigan Top of Page

Minimum Wage Law

The living wage rates for Lansing, Washtenaw County and Ingham County have been updated (MI ¶23-1000).

Minnesota Top of Page

No Updates as of August 29, 2008

Mississippi Top of Page

No Updates as of August 29, 2008

Missouri Top of Page
No Updates as of August 29, 2008
Montana Top of Page

Whistleblower Protection Law

Even in Montana, which does not recognize the principle of at-will employment, an employer has just cause to discharge an employee who calls his supervisor a "pr$ck" and tells him to "kiss my *ss," the Montana Supreme Court ruled. (A factual dispute over whether the employee had also used "the 'F word'" was irrelevant, the court found.) There was no evidence to support the employee's contention that his use of foul language was a pretextual reason for his termination. And the use of such language was cause enough. While the employee noted that obscenities were common at the workplace and the environment was "not that of 'a ladies' tea party,'" the state high court found that directing profanity at one's supervisor is "much more egregious" than the use of such language in the course of an ordinary workday (Becker v Rosebud Operating Services, Inc, MontSCt, August 12, 2008, at MT ¶27-3600).

In another case, a nationally chartered bank could not hide behind the National Bank Act's “at-pleasure” provision, which permits national banks to dismiss bank officers at their pleasure, to evade a wrongful discharge claim filed by a former internal audit officer who was discharged after internally reporting a “potential irregularity” in a bank loan that may have involved misconduct by a bank executive. Adopting South Dakota's conflict preemption analysis, the Montana Supreme Court reversed a lower court's finding of preemption and concluded the federal banking law did not preempt the state's wrongful discharge statute because the state law did not stand as an obstacle to the federal law's objectives. Concluding the National Bank Act did not apply here, the high court did not reach the issue of whether the internal auditor was an “officer” within the meaning of the statute (Fenno v Mountain West Bank, MontSCt, August 4, 2008, at MT ¶27-3600).

Nebraska Top of Page

Workers' Compensation Law

An employer must pay worker's compensation to an injured employee despite his status as an illegal alien, Nebraska's workers' compensation court ruled, finding that "public policy favors the inclusion of illegal aliens as covered 'employees.'" The court adopted the reasoning of other courts that, if illegal aliens were not entitled to such benefits, employers would have a greater incentive to hire illegal aliens, thereby defeating the goals of the federal Immigration Reform and Control Act. The court declined to apply the Supreme Court's reasoning in Hoffman Plastics Compounds, Inc v NLRB, which held an award of backpay to an undocumented worker would conflict with federal immigration law; it noted the Supreme Court itself has held that workers' compensation is an area in which the states have authority to regulate and that state legislatures have the right to award workers' compensation to illegal aliens. The court also rejected the employer's argument that the plaintiff was not an "employee" because an illegal alien's contract of hire is unenforceable, finding that "illegal aliens have the legal capacity to enter into contracts." Finally, the court noted the Nebraska legislature "did not otherwise exclude illegal aliens from coverage," although it had explicitly excluded other classifications of individuals under the workers' compensation law (Andrade v Sun Valley Landscapes, July 23, 2008, at NE ¶28-4300).

Nevada Top of Page
No Updates as of August 29, 2008
New Hampshire Top of Page

Health Insurance Benefits Coverage Law

Effective September 14, 2008, the state will require that group insurers and HMOs provide insurance coverage for the diseases and ailments caused by obesity and morbid obesity and treatment for such, including bariatric surgery, pre-operative psychological screening and counseling, behavior modification, weight loss, exercise regimens, nutritional counseling, and post-operative follow-up, overview, and counseling of dietary, exercise, and lifestyle changes (Ch. 389 (S. 312), L. 2007, enacted July 16, 2008, at NH ¶30-4000).

New Jersey Top of Page

Equal Employment Opportunity and Affirmative Action-State Employment Rule

State agencies are required to provide equal employment opportunity for all persons regardless 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. Also, sexual harassment is prohibited in state employment. Title 4A, Chapter 7, Subchapters 1 through 3, Sections 4A:7-1.1 through 4A:7-3.3, as readopted effective Aug. 4, 2008. ¶31-23,401.01 through ¶31-23,401.23

Fair Employment Practices Law

The threshold of proof for demonstrating a hostile work environment based on religion under the New Jersey Law Against Discrimination is no more stringent than the threshold for showing sex- or race-based hostile work environment discrimination, the New Jersey Supreme Court ruled, upholding a jury award in favor of a Jewish police officer who faced several incidents of discrimination based on religion and ancestry, and rejecting a state appellate court's finding that the conduct was “sporadic” and not sufficiently severe or pervasive to establish a hostile work environment. “In our view, it is necessary that our courts recognize that the religion-based harassing conduct that took place … in this ‘workplace culture’ is as offensive as other forms of discriminatory, harassing conduct outlawed in this state,” the high court wrote (Cutler v Dorn, NJSCt, July 31, 2008, at NJ ¶31-2500).

New Mexico Top of Page
No Updates as of August 29, 2008
New York Top of Page

Breast and Prostate Cancer Screening Leave-Public Employees Law

Every public officer, employee of the state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in Section 1 of Chapter 566 of the Laws of 1967, employee of any municipality, employee of any school district or any employee of a participating employer in the New York State and Local Employees' Retirement System or any employee of a participating employer in the New York State Teachers' Retirement System shall be entitled to absent himself or herself and shall be deemed to have a paid, excused leave of absence from his or her job duties or service, for a sufficient period of time, not to exceed four hours on an annual basis, to undertake a screening for breast or prostate cancer. Prior law only specified public officers, employees of the state, employees of counties, employees of municipalities, and employees of school districts as being eligible for such leave. Also under prior law, the leave was not required to be paid Civil Service Law, Article 10, Sections, 159-b and 159-c, as amended by S.B 8077, L. 2007, effective August 20, 2008. ¶33-22,450.01 and ¶33-22,450.02.

Fair Employment Practices Law

The Broadcast Employees Freedom to Work Act prohibits broadcasting industry employers from requiring that an employee or prospective employee refrain from obtaining employment in a specified geographic area, for a specified period of time, or with any particular employer or industry after the conclusion of employment with the employer (A. 2124, L. 2007, enacted August 5, 2008, at NY ¶33-2500).

Family, Medical and Parental Leaves Law

Effective August 20, 2008, every public officer, employee of the state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in Section 1 of Chapter 566 of the Laws of 1967, employee of any municipality, employee of any school district or any employee of a participating employer in the New York State and Local Employees' Retirement System or any employee of a participating employer in the New York State Teachers' Retirement System shall be entitled to absent himself or herself and shall be deemed to have a paid, excused leave of absence from his or her job duties or service, for a sufficient period of time, not to exceed four hours on an annual basis, to undertake a screening for breast or prostate cancer.

Prior law only specified public officers, employees of the state, employees of counties, employees of municipalities, and employees of school districts as being eligible for such leave. Also under prior law, the leave was not required to be paid (S. 8077, L. 2007, enacted July 21, 2008, at NY ¶33-7000).

Overtime Pay Law

The state has enacted a law restricting consecutive hours of work by nurses. Effective July 1, 2009, no employer shall require a nurse to work more than that nurse's regularly scheduled work hours except in certain specified emergency situations. Nurses will not, however, be prohibited from voluntarily working overtime (S. 8637, L. 2007, enacted August 13, 2008, at NY ¶33-1100).

Plant Closing Law

New York's Labor Law has been amended by adding the New York State Worker Adjustment and Retraining Notification Act, effective February 1, 2009 (Ch. 475 (S. 8212), L. 2007, enacted August 5, 2008, at NY ¶33-3500).

Preemployment Inquiries Law

Technical amendments have been made to the state's Public Health Law with respect to the requirement to check the sex offender registry before hiring employees and volunteers for children's overnight camps, summer day camps and traveling summer day camps (S. 690, L. 2007, enacted and effective August 5, 2008, at NY ¶33-9000).

North Carolina Top of Page

Fair Employment Practices Law

Effective December 1, 2008, the placing of a burning cross on any public place will be prohibited. Exhibiting a noose will also be unlawful. Penalties for these violations will also be raised (Session Law 2008-197 (S. 685), L. 2007, enacted August 8, 2008, at NC ¶34-2500).

Effective August 11, 2008, agricultural workers are protected against discrimination and retaliation in the workplace with respect to pesticide exposure (Session Law 2008-212 (S. 847), L. 2007, enacted August 11, 2008, at NC ¶34-2500).

Smoking in the Workplace Law

Effective January 1, 2009, state-controlled passenger-carrying vehicles must be smoke-free. Additionally, local governments will be authorized to require local government-controlled vehicles to be smoke-free (Session Law 2008-149 (S. 1681), L. 2007, enacted August 2, 2008, at NC ¶34-2700).

North Dakota Top of Page
No Updates as of August 29, 2008
Ohio Top of Page

No Updates as of August 29, 2008

Oklahoma Top of Page

No Updates as of August 29, 2008

Oregon Top of Page

Bureau of Labor Rules of Administrative Procedure

An employer will be found to have unlawfully retaliated against an employee if the employer has subjected the employee to any adverse treatment, in or out of the workplace, that is reasonably likely to deter protected activity, regardless of whether it materially affects the terms, conditions,
or privileges of employment. Chapter 839, Division 5, Section 839-005-0033, as adopted effective Aug. 6, 2008. ¶38-20,127.33.

Pennsylvania Top of Page

Criminal Background Checks Law

Administrators must maintain on file with the application for employment a copy of the federal criminal history record in a manner prescribed by the department of education. At a minimum, the department of education must prescribe a method for applicants to submit a set of fingerprints to be transmitted to the Federal Bureau of Investigation for federal criminal history record information pursuant to the applicable federal law. The federal criminal history record information report shall be no more than one (1) year old. Title 24, Chapter 1, Article 1, Section 1-111, as amended by Act 2008-61 (H.B. 1067), L. 2007, effective July 1, 2008. ¶39-23,600.21.

Employment of Aliens Law

No person or business that receives a tax exemption, deduction, abatement or credit under the Keystone Opportunity Act shall knowingly permit the labor services of an illegal alien under a contract to which the person or business is a party in the applicable keystone opportunity zone. Act 2008-79, (S.B. 1412), L. 2007, Section 311, as enacted effective Sept. 9, 2008. ¶39-23,950.21

Puerto Rico Top of Page
No Updates as of August 29, 2008
Rhode Island Top of Page

Health Insurance Benefit Coverage Law

Every group health insurance contract, or every group hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state on or after January 1, 2009, shall provide coverage for nonprescription enteral formulas for home use for which a physician has issued a written order and which are medically necessary for the treatment of malabsorption caused by Crohn's disease, ulcerative colitis, gastroesophageal reflux, chronic intestinal pseudo-obstruction, and inherited diseases of amino acids and organic acids. Coverage shall not exceed an amount of $2,500 per covered member per year. These provisions also apply to HMOs (Ch. 253 (H. 7441), L. 2007, enacted July 5, 2008, at RI ¶41-4000).

South Carolina Top of Page

Child Support Enforcement Law

An employer shall promptly pay the amount withheld from an employee's income for child support to the State Disbursement Unit within seven working days of the date income is withheld. Under prior law, payment was sent to the centralized wage withholding system (Act 332 (H. 3478), L. 2007, enacted and effective June 11, 2008, at SC ¶42-5500).

Fair Employment Practices Law

South Carolina has enacted a law providing that an employer may not fire, demote, or otherwise discriminate against an employee complying with an isolation or quarantine order; however, an employer may require an employee to use annual or sick leave to comply with such an order (Act 341 (H. 3852), L. 2007, enacted June 11, 2008, at SC ¶42-2500).

Preemployment Inquiries Law

The state has enacted a law requiring a Central Registry check to determine any child abuse by prospective childcare employees. The law also authorizes provisional employment until the time such checks are completed (Act 262 (S. 311), L. 2007, enacted June 4, 2008, at SC ¶42-9000).

No person may volunteer as a firefighter, be employed as a firefighter or perform firefighting duties if he or she has been convicted of, pled guilty to, or pled nolo contendere to arson (Act 309 (H. 5009), L. 2007, enacted June 11, 2008, at SC ¶42-9000).

South Dakota Top of Page

New Hire Reporting Law

South Dakota has updated its new hire reporting forms (SD ¶43-1600).

Tennessee Top of Page
No Updates as of August 29, 2008
Texas Top of Page
No Updates as of August 29, 2008
Utah Top of Page
No Updates as of August 29, 2008
Vermont Top of Page

Whistleblower Protection Law

The state has enacted a law ensuring that state employees shall be protected when presenting
information that reveals violations of law, or constitutes waste, fraud, abuse of authority or threats to the health of employees, the public, or persons under the care of the state without fear of reprisal, intimidation or retaliation (Act 128 (S. 201), L. 2007, enacted May 13, 2008, at VT ¶47-3600).

Virginia Top of Page
No Updates as of August 29, 2008
Washington Top of Page

Family Military Leave Rule

Topic Added. During a period of military conflict, an employee who is a spouse of a member of the Armed Forces of the United States, National Guard, or Reserves who has been notified of an impending call or order to active duty or has been deployed is entitled to a total of fifteen days of unpaid leave per deployment. Title 357, Chapter 357-31, Section 357-31-373, as adopted effective Oct. 1, 2008. ¶50-22,502.01.

Leave for Crime Victims Rule

Topic added. A rule was adopted to implement the verification requirements needed in order for employees who are crime victims to take unpaid or paid leave. Title 357, Chapter 357-31, Section 357-31-730, as adopted effective Oct. 1, 2008. ¶50-21,100.01.

Unemployment Insurance Law

For 2009, the taxable wage base in Washington will increase to $35,700. This amount is $1,700 higher than the taxable wage base of $34,000 that is applicable in 2008 (WA ¶49-1700).

West Virginia Top of Page
No Updates as of August 29, 2008
Wisconsin Top of Page
No Updates as of August 29, 2008
Wyoming Top of Page

Unemployment Insurance Law

Effective July 1, 2008, the maximum weekly benefit amount in Wyoming is $415, and the minimum weekly benefit amount is $30 (WY ¶52-1700).


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