A C D F G H I K L M N O P R S T U V W
CCH® State Law Changes are updated at least semi-monthly. They 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.

February 2004 Compilation
AlabamaTop of Page
No February 2004 Updates
AlaskaTop of Page
Child Labor Law
Alaska's Department of Labor and Workforce Development, Division of Labor Standards and Safety, has amended child labor regulations, to provide application procedures for jobs requiring work permits, and to provide examples of documents acceptable as proof of legal guardianship (AK ¶2-1500).

Unemployment Insurance Law
Rate information has been updated. Also, the taxable wage base in Alaska for 2004 increased to $27,100, up from $26,700 in 2003 (AK ¶2-1700).
ArizonaTop of Page
No February 2004 Updates
ArkansasTop of Page
Unemployment Insurance Law
For 2004, the stabilization tax is 0.8%, and there is no extended benefit tax or advance interest tax. Rates for 2004, including the stabilization tax, range from 0.9% to 6.8%. New employers pay 3.7% in 2004 (AR ¶4-1700).

Criminal Background Checks Law
The State Board of Education may grant an employment eligibility waiver with regard to criminal records check requirements for initial employment of noncertified personnel in school districts under specified circumstances. Waivers will not be granted, however, if there is an offense that was violent, physical or sexual in nature. Title 6, Subtitle 2, Chapter 17, Section 6-17-414, as amended by Act 103 (H.B. 1122), L. 2003, effective Feb. 10, 2004. ¶4-23,600.04

Criminal Background Checks Law
Arkansas has enacted a law requiring criminal background checks for fraudulent acts by fiscal officers of public school districts. Title 6, Subtitle 2, Chapter 17, Section 6-17-421, as enacted by H.B. 1140, L. 2003, effective Feb. 6, 2004. ¶4-23,600.08.
CaliforniaTop of Page
Unemployment Insurance Law
The Unemployment Insurance Code of California has been amended to provide that services performed by election officials or election workers are exempt from employment for unemployment insurance purposes if the amount of remuneration reasonably expected to be received during the calendar year is less than $1,000 (previously, $200). This exemption applies only if a similar exclusion is enacted under the Federal Unemployment Tax Act (CA ¶5-1700).
ColoradoTop of Page
No February 2004 Updates
ConnecticutTop of Page
Human Rights and Opportunities Act
Provisions concerning alternative dispute resolution procedures and complaint representation before the Commission on Human Rights and Opportunities have been amended. Title 46a, Chapter 814c, Part III, Sections 46a-83b and 46a-84, as amended by P.A. 03-143 (S.B. 366), L. 2003, effective Oct. 1, 2003. ¶7-20,025.332 and ¶7-20,025.34.
DelawareTop of Page
No February 2004 Updates
D.C.Top of Page
No February 2004 Updates
FloridaTop of Page
Military and Emergency Services Leave Law
The state has amended its military leave law with respect to pay, discrimination, school district employees, and Florida National Guard members (Ch. 2003-68 (S. 684), L. 2003, at FL ¶10-7200).

Preemployment Inquiries Law
The provisions relating to seaport security standards have been amended (Ch. 2003-96 (S. 1616), L. 2003, at FL ¶10-9000).

Unemployment Insurance Law
For 2004, the minimum rate is 0.35%, and the maximum rate is 5.4%, except that employers participating in the short-time compensation program will be subject to a maximum rate of 6.4%. New employers pay 2.7% in 2004. The noncharge adjustment ratio is .0029, the excess payment ratio is .0023, the fund size ratio is .0035, the gross benefit ratio is .0145, the multiplier is .6000, and the final adjustment ratio is .0035 ( FL ¶10-1700).

Rules of the Commission on Human Relations
The rules concerning general procedures and complaint proceedings have been amended. Title 60, Chapter 60Y, Sections 60Y-1.002, 60Y-4.003 through 60Y-4.014, 60Y-4.016 through 60Y-4.027, 60Y-5.001, 60Y-5.0011, and 60Y-5.003 through 60Y-5.008, as amended effective Feb. 5, 2004. Paras amended effective Feb. 5, 2004. ¶10-20,128.02 , ¶10-20,128.03  through ¶10-20,128.14 , ¶10-20,128.16  through ¶10-20,128.27 , ¶10-20,129.01 ,¶10-20,129.015 , and ¶10-20,129.03  through ¶10-20,129.08 ). 
GeorgiaTop of Page
Preemployment Inquiries Law
The state's background checks law has been amended with respect to access to certain information about first offenders (S. 22, L. 2003, at GA ¶11-9900).

Unemployment Insurance Law
The rules of Georgia's Department of Labor covering unemployment insurance have been amended with respect to magnetic media filing requirements (GA ¶11-1700).
HawaiiTop of Page
Military and Emergency Services Leave Law
The state has amended its military leave law relating to public employment (Ch. 109 (S. 687), L. 2003, at HI ¶12-7200).

Unemployment Insurance Law
For calendar year 2004, Schedule C is in effect. Rates range from 0.0% to 2.4% for positive-balance employers, and from 2.8% to 5.4% for negative-balance employers. New employers pay 2.4% in 2004. In addition, each employer with a contribution rate greater than zero but less than 5.4% is liable for an employment and training assessment of 0.01% on taxable wages.
Additionally, for 2004, the maximum weekly benefit amount will be $418 for both unemployment insurance and temporary disability benefit claimants. The maximum weekly wage base in Hawaii for temporary disability insurance purposes will be $720.70, and the maximum weekly employee deduction will be $3.60 in 2004 (HI ¶12-1700).
IdahoTop of Page
No February 2004 Updates
IllinoisTop of Page
Recordkeeping/Posters Law
The state has updated its workers' compensation posters (English and Spanish versions) (IL ¶14-9900).

Unemployment Insurance Law
For calendar year 2004, the term "wages" must include only the remuneration paid to an individual by an employer during that period with respect to employment that does not exceed $9,800 (previously, $10,000). For calendar years 2005 through 2009, the term "wages" must include only the remuneration paid to an individual by an employer during that period with respect to employment that does not exceed the following amounts: $10,500 for calendar year 2005; $11,000 for calendar year 2006; $11,500 for calendar year 2007; $12,000 for calendar year 2008; and $12,300 for calendar year 2009.
For calendar year 2010 and each calendar year thereafter, the term "wages" must include only the remuneration paid to an individual by an employer during that period with respect to employment that does not exceed the sum of the wage base adjustment applicable to that year, plus the maximum amount includable as "wages" with respect to the immediately preceding calendar year. Notwithstanding any provision to the contrary, the maximum amount includable as "wages" may not be less than $12,300 or greater than $12,960 with respect to any calendar year after calendar year 2009 (IL ¶14-1700).

Victims’ Economic Security and Safety Rules
The Illinois Department of Labor has adopted rules prescribing the Victims' Economic Security and Safety Act complaint process, subpoena and investigative powers and the Department's ability to issue protective and other orders where necessary. The emergency rules also provide for maintaining records by defined employers to ensure compliance with VESSA. The rules are contained in the Illinois Administrative Code at Title 56, Part 280, Sections 280.101 through 280.500, as adopted effective Dec. 29, 2003. ¶14-21,100.01 through ¶14-21,100.17.

Equal Pay Act Rules
The Illinois Department of Labor has adopted the following rules to accept and process complaints, conduct investigations and make determinations of equal pay and retaliation violations of the Equal Pay Act of 2003. Title 56, Part 320, Sections 320.100 through 320.740, as adopted effective Jan. 1, 2003. ¶14-23,150.01 through ¶14-23,150.32.

Criminal Background Checks Rules
The regulations pertaining to criminal background checks for operators of group day care homes and their employees have been amended. Title 89, Chapter III, Subchapter E, Part 408, Sections 408.5 and 408.35, as amended effective Dec. 15, 2003. ¶14-23,650.11 and ¶14-23,650.12.

IndianaTop of Page
Unemployment Insurance Law
Contribution rate information has been updated. Also, no disqualification from benefits may occur for an individual who voluntarily leaves employment or was discharged due to circumstances directly caused by domestic or family violence (IN ¶15-1700).
IowaTop of Page
No February 2004 Updates
KansasTop of Page
Preemployment Inquiries Law
The state has amended its law concerning providers of care services (S. 14, L. 2003, at KS ¶17-9000).
KentuckyTop of Page
Unemployment Insurance Law
The current maximum weekly benefit amount is $365 (KY ¶18-1700).
LouisianaTop of Page
Health Insurance Benefit Coverage Law
Provisions relating to coverage by HMOs of low protein food products used to treat inherited metabolic diseases have been added (S. 666, L. 2003, at LA ¶19-4000 ).
MaineTop of Page
Child Support Enforcement Law
The state's Uniform Interstate Family Support Act has been amended (P.L. 436 (S. 327), L. 2003, at ME ¶20-5500).

Health Insurance Benefit Coverage Law
The state has amended its insurance laws regarding coverage of prosthetic devices (S. 48, L. 2003, at ME ¶20-4000).

Preemployment Inquiries Law
Maine has enacted a consumer privacy rights law providing that goods or services cannot be denied to an individual because the individual refuses to provide a social security number. The law does not apply to a person, corporation or other entity if the social security number is used in conjunction with a background check of the individual conducted by an employer (P.L. 512 (H. 509), L. 2003, at ME ¶20-9000).
MarylandTop of Page
No February 2004 Updates
MassachusettsTop of Page
New Hire Reporting Law
The state now requires employers with 25 or more employees or independent contractors to report new hires electronically (MA ¶22-1600).
MichiganTop of Page
No February 2004 Updates
MinnesotaTop of Page
No February 2004 Updates
MississippiTop of Page
No February 2004 Updates
MissouriTop of Page
Health Insurance Benefit Coverage Law
The state has amended its insurance law with respect to cancer clinical trials (S. 407, L. 2003, at MO ¶26-4000).
MontanaTop of Page
No February 2004 Updates
NebraskaTop of Page
No February 2004 Updates
NevadaTop of Page
Unemployment Insurance Law
The definition of wages has been amended to reflect 2004 figures (NV ¶29-1700).
New HampshireTop of Page
No February 2004 Updates
New JerseyTop of Page
Law Against Discrimination
Dogs trained to assist persons who suffer from epilepsy and other seizure disorders have the same protections under the New Jersey Law Against Discrimination as other helping dogs. Title 10, Chapter 5, Section 10:5-5, as amended by Ch. 293 (A.B. 2432), L. 2002, effective January 14, 2004. ¶31-20,025.05 .

Criminal Background Checks Law
The state has revised its statutes concerning criminal history background checks. Among other things, counties and municipalities may now enact ordinances or resolutions requesting background checks for official governmental purposes, including employment. Sections 33 and 34, as enacted by Ch. 199 (S.B. 2367), L. 2003, effective Dec. 24, 2003. ¶31-23,601.39 and ¶31-23,601.40.
New MexicoTop of Page
No February 2004 Updates
New YorkTop of Page
No February 2004 Updates
North CarolinaTop of Page
Health Insurance Benefit Coverage Law
The North Carolina General Statutes have been updated in response to recent medical advances in screening for the early detection of cervical cancer (S. 388, L. 2003, at NC ¶34-4000).

Smoking in the Workplace Law
The state has specified particular university facilities as nonsmoking areas (H. 1016, L. 2003, at NC ¶34-2700).

Family and Medical Leave, Public Employees Rules
State government employers must provide employees, who have been employed at least 12 months, up to 12 weeks paid or unpaid family medical leave for the birth of a child, placement of an adopted child, to care for the employee's child, spouse or parent with a serious medical condition, or the employee's own serious medical condition. Title 25, Chapter 1, Subchapter 1E, Section .1400, Sections .1402 and .1412, as amended effective Dec. 1, 2003. ¶34-22,500.02 and ¶34-22,500.12.
North DakotaTop of Page
No February 2004 Updates
OhioTop of Page
Unemployment Insurance Law
Contribution rates for experience-rated employers for 2004 range from 0.2% to 7.5%. There is also no mutualized tax for 2004. New employers in the construction industry pay a rate of 3.7%, and all other new employers continue to pay a rate of 2.7% in 2004 (OH ¶36-1700).

Criminal Background Checks Law
Ohio has ratified the National Crime Prevention and Privacy Compact. The Compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment Title 1, Chapter 109, Section 109.571, as enacted by S.B. 53, L. 2003, effective 91 days after filing with the secretary of labor. ¶36-23,600.11

Criminal Background Checks Rules
Personnel at Passport agencies providing care for older adults are required to undergo a criminal records check as a condition of employment. Chapter 173-41, Section 173-41-01, as adopted effective April 17, 2003. ¶36-23,650.41.
OklahomaTop of Page
Unemployment Insurance Law
Rate information has been updated (OK ¶37-1700).
OregonTop of Page
Disability Law
The state has amended its law with respect to the rights of persons with disabilities to public services (S. 17, L. 2003, at OR ¶38-2600).

Health Insurance Benefit Coverage Law
The law relating to coverage for certain metabolic disorders has been amended (S. 74, L. 2003, at OR ¶38-4000).

Criminal Background Checks Rules
Employees of early childhood care and education programs are required to undergo a criminal records check. Chapter 414, Division 61, Sections 414-061-0000 through 414-061-0120, as amended by CCD-2-2003, effective Dec. 7, 2003. ¶38-23,651.31 through ¶38-23,651.43.
PennsylvaniaTop of Page
Preemployment Inquiries Law
The Confidence in Law Enforcement Act, effective July 1, 2004, will prohibit individuals who have been convicted of certain crimes from being employed in law enforcement (S. 877, L. 2003, at PA ¶39-9000).

Unemployment Insurance Law
For 2004, there is a 0.09% tax on employee wages; a 7.2% surcharge on employer contributions; and a 0.4% employer additional contribution tax. In addition, rates for experience-rated, nondelinquent employers will range from 2.0080% to 10.2624%, and rates for delinquent employers will range from 5.2240% to 13.4784% in 2004 (PA ¶39-1700).

Criminal Background Checks Law
The Confidence in Law Enforcement Act prohibits the employment of individuals who have been convicted of certain offenses as law enforcement officers. This provision is not yet codified and reads as enacted by 2004-2 (S.B. 877), L. 2003, Sections 1 through 5, effective July 1, 2004. ¶39-23,600.51 through ¶39-23,600.55.
Puerto RicoTop of Page
No February 2004 Updates
Rhode IslandTop of Page
Recordkeeping/Posters Law
The state's minimum wage poster has been updated (RI ¶41-9900).
South CarolinaTop of Page
No February 2004 Updates
South DakotaTop of Page
No February 2004 Updates
TennesseeTop of Page
Health Insurance Benefit Coverage Law
The state's insurance law has been amended with respect to coverage for medication counseling (Ch. 407 (H. 1958), L. 2003, at TN ¶44-4000)
TexasTop of Page
New Hire Reporting Law
The state's new hire reporting form has been updated (TX ¶45-1600).

Preemployment Inquiries Law
The state has amended its provisions relating to certain governmental agency and private entity access to and use of criminal history record information maintained by the Department of Public Safety (H. 2622, L. 2003, at TX ¶45-9000).

Criminal Background Checks Law
Provisions pertaining to access of criminal history information by various employers have been amended. Title 4, Subtitle B, Chapter 411, Subchapter F, Sections 411.1387 and 411.1401, as enacted by Ch. 296 (H.B. 2622), L. 2003, effective Sept. 1, 2003. ¶45-23,601.08 and ¶45-23,601.09.

Procedural Rules of the Commission on Human Rights
The commission has adopted concerning employment training and education, and Historically Underutilized Business Programs. Title 40, Part XI, Chapter 323, Sections 323.10 and 323.11, as adopted effective Jan. 8, 2004. ¶45-20,125C.10 and ¶45-20,125C.11.

UtahTop of Page
Unemployment Insurance Law
For 2004, the wage base is $22,700 (UT ¶46-1700).
VermontTop of Page
No February 2004 Updates
VirginiaTop of Page
No February 2004 Updates
WashingtonTop of Page
No February 2004 Updates
West VirginiaTop of Page
No February 2004 Updates
WisconsinTop of Page
No February 2004 Updates
WyomingTop of Page
No February 2004 Updates

CCH INCORPORATED is the leading provider of information covering Human Resources, Employment and Labor Benefits, Pensions, Payroll, Safety, and Workers Compensation. The information provided to you is copyrighted by CCH and no redistribution is permitted without prior written permission of CCH.