State Law Changes

December 30, 2007 Update

Rules and Regulations of State Commission for Human Rights

If the commission's staff intends to issue a determination that a complaint is not supported by substantial evidence, the staff shall inform the complainant of its proposed determination and review the evidence supporting the determination with the complainant. The commission's staff shall provide the complainant with an opportunity for rebuttal before a determination that a complaint lacks substantial evidence is made. Also, the hearing commissioners may reopen a case closed under 6 AAC 30.480 on their own motion or on a motion of a party. A motion for reopening must be filed with the commission within 15 days after service of the final order. The power to reopen a case expires 30 days after the service of the order. If no action is taken on a motion for reopening within the time allowed, the motion is considered denied. Title 6, Part 2, Chapter 30, Sections 6 AAC 30.325, 6 AAC 30.320, 6 AAC 30.325, 6 AAC 30.340, 6 AAC 30.360, 6 AAC 30.410, 6 AAC 30.410 through 6 AAC 30.490, 6 AAC 30.510, 6 AAC 30.905, 6 AAC 30.940 and 6 AAC 30.990, as amended effective Dec. 14, 2007. ¶2-20,126.25, ¶2-20,127.20, ¶2-20,127.25, ¶2-20,127.40, ¶2-20,127.60, ¶2-20,128.10 through ¶2-20,128.90, ¶2-20,129.10, ¶2-20,133.05, ¶2-20,133.40 and ¶2-20,133.90.

Unemployment Insurance Law

For 2008, 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 2008. In addition, new employers pay 3.6% in 2008, including the stabilization tax (AR ¶4-1700).

Unemployment Insurance Law

The UI rate schedule in effect for 2008 will continue to be Schedule F+. This is Schedule F plus a 15% emergency surcharge, rounded to the nearest tenth. Schedule F+ provides for UI contribution rates ranging from 1.5% to 6.2%. The taxable wage base for 2008 for UI purposes remains at $7,000. The new employer rate will be 3.4%, and the Employment Training Tax rate remains at 0.1% for 2008. Note that the voluntary UI payment program is not in effect in 2008. The SDI taxable wage base for 2008 is $86,698 (CA ¶5-1700).

Health Insurance Benefit Coverage Law

Effective January 1, 2008, group sickness and accident insurance policies shall provide coverage for the full cost of cervical cancer vaccination for all females for whom a vaccination is recommended by the advisory committee on immunization practices of the U.S. Department of Health and Human Services (H. 1301, L. 2007, at CO ¶6-4000).

Unemployment Insurance Law

For 2008, the "450 million plus" rate schedule of the tax table applies, the fund balance having been between those figures as of July 1, 2007. Rates range from 0.0% to 2.0% for positive-balance employers, and from 2.8% to 5.4% for negative-balance employers, with unrated employers paying 1.7%. The surcharge for benefits not effectively charged remains at 0.22%. Note that the solvency tax surcharge remains in effect for 2008 as well. The tax varies by employer, but is charged against all ratable employer accounts with less than 20 percent of excess, excluding government agencies, political subdivisions and nonprofit organizations that are reimbursable employers. Employers with an increased percent of excess pay at a lower rate, while those with a decreased percent of excess pay at a higher one. The tax will increase each year for as long as it is required, but may not go past the limit set by law in 1990 (CO ¶6-1700).

Fair Employment Practices Law

The state has amended procedural provisions of its antidiscrimination law (P.A. 07-142 (S. 1106), L. 2007, at CT ¶7-2500).

Military and Emergency Services Leave Law

The District of Columbia Government Comprehensive Merit Personnel Act of 1978 has been amended to extend pay differentials for reservists called to active duty as a result of Operation Enduring Freedom and Operation Iraqi Freedom (Act 220 (B. 429), L. 2007), at DC ¶9-7200).

Preemployment Inquiries Law

Background screening requirements for certain noninstructional school district employees and contractors have been revised (Ch. 2007-207 (S. 988), L. 2007, at FL ¶10-9000).

No Updates as of December 30, 2007

Discrimination Against Domestic Crime Victims E.O. 2007-18

Topic added. All state agencies, offices, departments and divisions are to ensure that personnel policies and procedures prohibit discrimination against victims of domestic violence, protect the confidentiality of and are responsive to the needs of victims of domestic violence. Also, these employers are to inform employees of available resources for assistance by including information provided by the Idaho Coordinated Response to Domestic & Sexual Violence on domestic violence awareness and services as part of new-employee orientation and integrate information on domestic violence into existing materials, literature, policies, protocols and procedures, as appropriate. Executive Order 2007-18, as signed Nov. 20, 2007, effective immediately. ¶13-21,050.

Fair Employment Practices Law

Idaho Governor C.L. "Butch" Otter has signed an executive order providing that all state agencies, offices, departments and divisions must ensure that personnel policies and procedures prohibit discrimination against victims of domestic violence, protect the confidentiality of and are responsive to the needs of victims of domestic violence (Executive Order 2007-18, November 20, 2007, at ID ¶13-2500).

Violence in the Workplace Law

Idaho Governor C.L. "Butch" Otter has signed an executive order providing that all state agencies, offices, departments and divisions must ensure that personnel policies and procedures prohibit discrimination against victims of domestic violence, protect the confidentiality of and are responsive to the needs of victims of domestic violence. Employees must also be informed of available resources for assistance through the inclusion of information on domestic violence awareness and services as part of new-employee orientation, and information on domestic violence must be integrated into existing materials, literature, policies, protocols and procedures, as appropriate. The order also requires training for human resources personnel information on domestic violence and its impact on the workplace (Executive Order 2007-18, November 20, 2007, at ID ¶13-3300).

Drug Testing Law

The Substance Abuse Prevention on Public Works Project Act takes effect January 1, 2008 (P.A. 635 (H. 1855), L. 2007, at IL ¶14-8600).

COBRA Law

Iowa has made conforming changes to its continuation provisions to reflect renumbering of certain sections of the Iowa Code. These conforming changes are effective as of January 1, 2008 (Ch. 152 (S. 518), L. 2007, at IA ¶16-4200).

Fair Employment Practices Law

Iowa Governor Chester J. Culver has signed an executive order to advance diversity in state government employment (Executive Order No. 4, at IA ¶16-2500).

Health Insurance Benefit Coverage Law

The state has enacted a law extending health insurance coverage to domestic partners and providing for the transition of coverage for children approaching the age limitation under their parents' health insurance policies (Ch. 639 (H. 1057), L. 2007, at MD ¶21-4000).

Discrimination Against Crime Victims E.O. 491

Topic added. Public employees shall be entitled to be absent from work for up to 15 days per year for purposes of victim counseling, obtaining medical treatment, attending legal proceedings, or carrying out other necessary activities, where such activities result from domestic violence or stalking and the employee is not the abuser, or where such activities result from sexual assault inflicted upon the employee or upon the employee's children where the employee is not the abuser. Such absences shall be paid, and shall be in addition to any other vacation time, personal time, or other paid leave time to which the employee is entitled.

Also, public employers are directed to respect the privacy of victims and to preserve confidentiality at all times, to the extent possible, in dealing with situations involving sexual assault, domestic violence or stalking and to implement the Domestic Violence and Sexual Assault in the Workplace Prevention Training curriculum and delivery program developed by the Human Resources Division in coordination with the Executive Office of Public Safety and Security. Executive Order 491, signed Oct. 31, 2007, effective immediately. ¶22-21,050.

Family, Medical and Parental Leaves Law

Massachusetts Governor Deval Patrick has signed an executive order establishing a policy of zero tolerance for sexual assault and domestic violence in state employment. Public employees shall be entitled to be absent from work for up to 15 days per year for purposes of victim counseling, obtaining medical treatment or carrying out other necessary activities, where such activities result from domestic violence or stalking and the employee is not the abuser, or where such activities result from sexual assault inflicted upon the employee or upon the employee's children where the employee is not the abuser. Such absences shall be paid, and shall be in addition to any other vacation time, personal time, or other paid leave time to which the employee is entitled (Executive Order No. 491, at MA ¶22-7000).

Jury Duty and Court Attendance Leave Law

Massachusetts Governor Deval Patrick has signed an executive order establishing a policy of zero tolerance for sexual assault and domestic violence in state employment. Public employees shall be entitled to be absent from work for up to 15 days per year for purposes of attending legal proceedings or carrying out other necessary activities, where such activities result from domestic violence or stalking and the employee is not the abuser, or where such activities result from sexual assault inflicted upon the employee or upon the employee's children where the employee is not the abuser. Such absences shall be paid, and shall be in addition to any other vacation time, personal time, or other paid leave time to which the employee is entitled (Executive Order No. 491, at MA ¶22-7100).

Provision of Training Services Rules

Topic added. Any person or employer who seeks to receive training services from the Commission must complete an Application for Training Services form and submit it to the Commission. Training services shall be provided to employers: (1) for voluntary training services: the training must be mandatory for all employees, including managerial staff; or (2) for training services provided pursuant to a Commission or court order, or a settlement agreement: the training must be mandatory for all persons specified in the order or agreement; or (3) as directed by the Chair or his or her designee. 804 CMR 11.00, Sections 11.01 through 11.04, as amended effective Nov. 16, 2007. ¶22-20,127.01 through ¶22-20,127.04.

Violence in the Workplace Law

Massachusetts Governor Deval Patrick has signed an executive order establishing a policy of zero tolerance for sexual assault and domestic violence in state employment (Executive Order No. 491, at MA ¶22-3300).

Equal Employment Opportunity in State Employment Executive Directive 2007-24

A department, board, commission, or other agency subject to supervision by the Governor is prohibited to fail or refuse to hire, recruit, or promote; demote; discharge; or otherwise discriminate against a person with respect to employment in the classified service, compensation, or a term, condition, or privilege of employment in the classified service, because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or position. Executive Directive 2007-24, signed Nov. 21, 2007, effective immediately. ¶23-23,301.

Sexual Orientation Discrimination Law

Sexual orientation and gender identity or expression are now protected classes in state employment under an executive directive signed by the governor (Executive Directive No. 2007-24, at MI ¶23-3100).

Wage Payment Law

A Minnesota employee who was discharged for misconduct was not entitled to be paid for accrued and unused vacation time, since the employer’s vacation policy provided that employees who are terminated for misconduct are ineligible for such payments, and such a policy is not prohibited by law, the Minnesota Supreme Court ruled (Lee v Fresenius Medical Care, Inc, MinnSCt, November 15, 2007, at MN ¶24-1200).

Military and Emergency Services Leave Law

The Volunteer Firefighter Job Protection Act extends employment protections to both public and private employees who must be absent from their employment in order to take part in emergency services (S. 47, L. 2007, at MO ¶26-7200).

Unemployment Insurance Law

For 2008, the taxable wage base in Montana will increase to $23,800. This is $1,100 higher than the taxable wage base of $22,700 that was applicable for 2007 (MT ¶27-1700).

Child Support Enforcement Law

The state has amended its Uniform Interstate Family Support Act (Ch. 56 (S. 77), L. 2007, at NV ¶29-5500).

Smoking in the Workplace Law

The state has amended its Indoor Smoking Act with respect to permitted and prohibited smoking areas. Definitions have also been clarified (Ch. 203 (S. 42), L. 2007, at NH ¶30-2700).

Plant Closing Law

On December 20, 2007, Governor Jon Corzine signed the Millville Dallas Airmotive Plant Job Loss Notification Act, a comprehensive plant closing law that is similar to the federal WARN Act (A. 1044, L. 2006, at NJ ¶31-3500).

Fair Employment Practices Law

The enforcement provisions of the state's fair employment practices law have been amended (S. 2076, L. 2007, at ND ¶35-2500).

Recordkeeping/Posters Law

The Oregon Consumer Identity Theft Protection Act imposes new recordkeeping requirements on employers doing business in the state (Ch. 759 (S. 583), L. 2007, at OR ¶38-9900).

Equal Opportunity in State Employment Law

The appointing authority, in consultation with the equal employment opportunity administrator and the human resources outreach and diversity administrator within the department of administration, shall annually conduct a utilization analysis of appointments to state boards, commissions, public authorities and quasi-public corporations based upon the annual review conducted the state equal employment opportunity office. The report shall be a public record and shall be made available electronically on the secretary of state's website. Title 28, Chapter 5.1, Sections 28-5.1-3.1 and 28-5.1-17, as amended by Ch. 502 (S.B. 1014), L. 2007 and Ch. 514 (H.B. 5904), L. 2007, effective Oct. 30, 2007. ¶41-23,400.031 and ¶41-23,400.17.

Health Insurance Benefit Coverage Law

Effective January 1, 2008, a health benefit plan issuer may not issue or offer for sale in Texas a health benefit plan that requires an enrollee to travel to a foreign country to receive a particular health care service under the plan (S. 1391, L. 2007, at TX ¶45-4000).

Whistleblower Protection Law

The loss of security coordinator responsibilities was not an adverse job action within the meaning of the Texas Whistleblower Act, a unanimous Texas Supreme Court has ruled. For a personnel action to be adverse within the meaning of the Whistleblower Act, it must be material and likely to deter a reasonable, similarly situated employee from reporting a violation of the law. In this instance, the lieutenant did not argue that the loss of responsibility affected his prestige, opportunity for advancement, or the difficulty of his working conditions. Further, the challenged action did not reduce the lieutenant's pay for his core job duties or preclude him from obtaining outside employment (Montgomery County v Park, TexSCt, November 30, 2007, 155 LC ¶60,526, at TX ¶45-3600).

Military and Emergency Services Leave Law

Governor Dave Freudenthal has signed an executive order dealing with military leave and pay for state employees, effective until October 31, 2009. This new order supercedes and replaces Executive Order 2005-2 (Executive Order 2007-4, at WY ¶52-7200).