State Law Changes

December 30, 2006 Update

Criminal Background Checks Rules

Teachers are required to undergo a criminal background check as a condition of employment and pay fees for such check as determined by the Department of Public Safety. Title 4, Chapter 12, Section 12.300, as amended effective Sept. 20, 2006. ¶2-23,650.01.

Recordkeeping/Posters Law

The state has published a minimum wage poster in accordance with the Raise the Minimum Wage for Working Arizonans Act, effective January 1, 2007 (AZ ¶3-9900).

Unemployment Insurance Law

For 2007, basic contribution rates in Arkansas will be increased by a 0.7% stabilization tax, and will range from 0.8% to 6.7%. There is no extended benefits tax or advance interest tax for 2007. New employers pay 3.6% in 2007, including the stabilization tax (AR ¶4-1700).

Minimum Wage Law

The current living wage rate for Berkeley is $11.39 per hour if medical benefits equivalent to $1.89 per hour are provided. If medical benefits are not provided, the rate is $13.28 per hour (CA ¶5-1000).

Minimum Wage Law

The current living wage for Denver is $9.62 per hour (CO ¶6-1000).

Preemployment Inquiries Law

The Florida Administrative Code has been amended with respect to employment of school bus drivers (FL ¶10-9000.

Minimum Wage Law

On December 18, 2006, Governor Rod R. Blagojevich signed legislation to increase the minimum wage in Illinois. The state minimum hourly wage will increase to $7.50 per hour on July 1, 2007, and further increases are scheduled through 2010 (S. 1268, L. 2005, at IL ¶14-1000).

Wage Payment Law

An employee who alleged that her employer violated state law by not including vacation time earned in her final post-discharge paycheck could not pursue her claim for refusal to pay final wages, a federal trial court ruled. Pursuant to Missouri law, the court stated, vacation pay does not constitute wages for the purpose of invoking the penalty set out in Mo. Rev. St. Sec. 290.110
(Cotton v. AT&T Operations, Inc., EDMo, 153 LC ¶60,293, at MO ¶26-1200).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (MT ¶27-9900).

Minimum Wage Law

On December 12, 2006, Nevada Governor Kenny C. Guinn signed emergency regulations to clarify the constitutional minimum wage changes approved by voters in November. The regulations will be in effect through April 11, 2007 (State of Nevada, Department of Business & Industry, Director's Office, Press Release, December 13, 2006, at NV ¶29-1000).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (NV ¶29-9900).

Fair Employment Practices Law

On December 21, 2006, New Jersey Governor Jon S. Corzine signed Assembly Bill 3787, establishing civil unions in the state. The law will take effect on February 19, 2007. Under the new law, the state’s current marriage statute will include same-sex couples. Same-sex couples will have the same rights and benefits as heterosexual couples who choose to marry. Civil union status will be a protected class for purposes of employment discrimination under the state's Law Against Discrimination (Ch. 2006-103 (A. 3787), L. 2006, at NJ ¶31-2500).

The Law Against Discrimination has also been amended to add gender identity or expression as a protected class, effective June 17, 2007 (S. 362, L. 2006, at NJ ¶31-2500).

Family, Medical and Parental Leaves Law

Effective February 19, 2007, family leave benefits will apply to civil union couples in like manner as they apply to spouses (Ch. 2006-103 (A. 3787), L. 2006, at NJ ¶31-7000).

Minimum Wage Law

Effective January 13, 2007, the minimum wage in Bernalillo County will be $6.75 per hour (NM ¶32-1000).

Preemployment Inquiries Law

The state has enacted a law authorizing nonpublic and private elementary and secondary schools to require their prospective employees to submit fingerprints through the commissioner of education for the purpose of criminal background checks (A. 11399, L. 2005, enacted August 16, 2006, effective July 1, 2007, at NY ¶33-9000).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (NY ¶33-9900).

Holiday and Vacation Law

The state has amended its rules relating to conversion of state employees' accumulated unused balances of vacation into cash payments upon layoff (OH ¶36-7400).

Minimum Wage Law

The current living wage rate for Ashland is $12.14 per hour (OR ¶38-1000).

Recordkeeping/Posters Law

The Ashland living wage poster has been added, and the Corvallis living wage poster has been updated (OR ¶38-9900).

Unemployment Insurance Law

The taxable wage base in Oregon for 2007 will be $29,000. This is an increase of $1,000 from the 2006 taxable wage base amount of $28,000 (OR ¶38-1700).

Fair Employment Practices Law

The state has enacted a law prohibiting the use of illegal immigrant labor on executive agency projects (Act 2006-43 (H. 2319), L. 2005, enacted May 11, 2006, effective July 10, 2006, at PA ¶39-2500).

Health Insurance Benefit Coverage Law

The state has enacted a law prohibiting health insurers from placing an insured's social security number on a health insurance identification card (Act 2006-160 (H. 2134), L. 2005, enacted and effective November 29, 2006, at PA ¶39-4000).

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).

Violence in the Workplace Law

Puerto Rico has enacted a law requiring both public and private employers to establish and implement a protocol for managing domestic violence situations in the workplace (Act #217 (H. 2131), L. 2006, September 29, 2006, at PR ¶40-3300).

Holiday and Vacation Pay Law

Tennessee's Attorney General has written an opinion on the topic of employees' entitlement to unused vacation pay upon termination of employment pursuant to state statute (Attorney General Opinion No. 06-169, November 13, 2006, at TN ¶44-7400).

Minimum Wage Law

The current living wage for Memphis is $10.00 per hour with benefits and $12.00 per hour without benefits (TN ¶44-1000).

Recordkeeping/Posters Law

The state has updated its minimum wage law poster (VT ¶47-9900).

Virginia Criminal Background Checks Rules

All employees of assisted living facilities and adult day care centers are required to obtain a criminal record report from the Department of State Police. Title 22, Agency 40, Chapter 90, Sections 40-90-10 through 40-90-70, as amended effective Sept. 1, 2006. ¶49-23,650.01 through ¶49-23,650.07.

Applicants and volunteers of child welfare agencies are required to undergo a criminal background check as a condition of employment. Title 22, Agency 90, chapter 191, Sections 40-191-10 through 40-191-150,
as amended effective Sept. 1, 2006. ¶49-23,650.21 through ¶49-23,650.35.

Rules of Practice

Documents may be filed by facsimile transmission and by electronic mail. However, documents filed by electronic mail must have authorization of the equal rights officer or the administrative law judge assigned to the case. Chapter DWD 218, Sections DWD 218.01 through DWD 218.25, as amended and adopted effective Dec. 1, 2006. ¶52-20,125.01 through ¶52-20,125.25.

Family and Medical Leave Rules of Practice

Documents may be filed by facsimile transmission and by electronic mail. However, documents filed by electronic mail must have authorization of the equal rights officer or the administrative law judge assigned to the case. Chapter DWD 225, Sections DWD 225.01 through DWD 225.27, as amended and adopted effective Dec. 1, 2006. ¶52-22,500.001 through ¶52-22,500.27.

Unemployment Insurance Law

The taxable wage base in Wyoming for 2007 will be $18,100. This is an increase of $1,000 from the 2006 taxable wage base amount of $17,100 (WY ¶52-1700).