State Law Changes

July 31, 2007 Update

Legal Workers Act—Topic added.

This law will specifically prohibit employers from intentionally employing an unauthorized alien 
or knowingly employing an unauthorized alien. Title 23, Chapter 2, Article 2, Sections 23-211 
through 23-214, as enacted by H.B. 2779, L. 2007, effective Jan. 1, 2008. ¶3-24,050.01 
through ¶3-24,051.01.

Minimum Wage Law

In any action or proceeding commenced on or after January 1, 2007, an employer or other entity is not liable if the employer or entity fails to pay the minimum wage if the employer or entity proves that the act or omission was in good faith, conformed with and relied on an administrative regulation, order, ruling, approval or interpretation, administrative practice or enforcement policy issued by the Industrial Commission pursuant to and in accordance with the commission's authority. This defense, if established, bars the action or proceeding, notwithstanding that after the act or omission, the administrative regulation, order, ruling, approval, interpretation, practice or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid (H. 2245, L. 2007, AZ ¶3-1000).

Preemployment Inquiries Law

The Legal Arizona Workers Act will take effect January 1, 2008. This law will specifically prohibit employers from intentionally employing an unauthorized alien or knowingly employing an unauthorized alien (H. 2779, L. 2007, AZ ¶3-9000).

Fair Employment Practices Law

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, and will take effect August 17, 2007, at which time employers must ensure their training programs are in compliance with the regulations' provisions (CA ¶5-2500).

Antidiscrimination Act

The state has enacted a law concerning the award of financial recompense for legal expenses to a 
prevailing party in a civil action to remedy unfair employment practices regarding legal 
activities of the employee conducted off the premises of the employer. Special provisions are 
made for certain small employers. Title 24, Article 34, Part 4, Section 24-34-402.5, as amended 
by Ch. 222 (S.B. 117), L. 2007, effective July 1, 2007. ¶6-20,025.025.

Drug Testing Law

The state has amended its drug testing law relating to operators of school buses and student transportation vehicles (P.A. 07-224 (H. 6955), L. 2007, at CT ¶7-8600).

Fair Employment Practices Law

The state has enacted a law relating to noncompete agreements in the broadcast industry (P.A. 07-237 (H. 6989), L. 2007, at CT ¶7-2500).

Family, Medical and Parental Leaves Law

Effective October 1, 2007, the state will extend to a municipal employee who is a party to a civil union the same family and medical leave benefits available under the federal family medical leave law to a municipal employee who is married (P.A. 07-245 (S. 1447), L. 2007, at CT ¶7-7000).

Health Insurance Benefit Coverage Law

The state has expanded group health insurance coverage requirements for specialized formulas for children with inherited metabolic diseases. Effective October 1, 2007, covered specialized formulas will include formulas for children up to 12 years of age (currently, 8 years of age) (P.A. 07-197 (S. 66), L. 2007, CT ¶7-4000).

Human Rights and Opportunities Act

If a discrimination complaint is made against the executive head of a state agency or department, 
any member of a state board or commission or any affirmative action officer alleging that the 
executive head, member or officer directly or personally engaged in discriminatory conduct, or if 
a complaint of discrimination is made by the executive head of a state agency, any member of a 
state board or commission or any affirmative action officer, the complaint shall be referred to 
the Commission on Human Rights and Opportunities for review and, if appropriate, investigation by 
the Department of Administrative Services. Title 46a, Chapter 814c, Part II, Section 46a-68, as 
amended by P.A. 07-181 (S.B. 1048), L. 2007, effective July 5, 2007. ¶7-20,025.18.

Preemployment Inquiries Law

Background check requirements for certain drivers have been revised (P.A. 07-224 (H. 6955), L. 2007, at CT ¶7-9000).

Sexual Orientation Discrimination Law

The state has amended its sexual orientation discrimination law to prohibit employment discrimination based on an individual's civil union status (P.A. 07-245 (S. 1447), L. 2007, at CT ¶7-3100).

Unemployment Insurance Law

The state has amended recordkeeping requirements for employers under the unemployment compensation law (P.A. 07-125 (S. 1293), L. 2007., CT ¶7-1700).

Holiday and Vacation Law

The state has amended its law to provide that if Veterans' Day falls on a Sunday, the following
Monday is a legal holiday. If Veterans' Day falls on a Saturday, the preceding Friday is a legal holiday (H. 165, L. 2007, at DE ¶8-7400).

Drug Testing Law

Hawaii now provides that every employer using a substance abuse on-site screening test shall administer the test according to the package insert that accompanies the test. Also, upon the indication of the presence of drugs, alcohol, or the metabolites of drugs by the test, the employer shall have the employee or prospective employee report within four hours to a laboratory. Any information concerning the substance abuse on-site screening test shall be strictly confidential (Act 179 (H. 964), L. 2007, at HI ¶12-8600).

Additionally, any law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating commercial bicycle tours on state and county highways, including but not limited to ordinances relating to driver and guide drug testing (Act 181 (H. 349), L. 2007, at HI ¶12-8600).

Family, Medical and Parental Leaves Law

Effective July 1, 2007, 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 (S. 1833, L. 2007, at HI ¶12-7000).

Plant Closing Law

The state has amended definitions under its plant closing law, and now requires employers to notify employees of “divestitures.” There are also new penalties for failure to notify employees of a business closing (H. 1503, L. 2007, at HI ¶12-3500).

AIDS Confidentiality Act

The subject of the test or the subject's legally authorized representative shall be notified by 
personal contact whenever possible of the confirmed positive result of an HIV test. When the 
subject or the subject's legally authorized representative is notified of a confirmed positive 
test result, the health care provider or professional shall provide the subject or the subject's 
legally authorized representative with a referral to counseling in connection with the confirmed 
positive test result and a referral to an appropriate medical facility for the treatment and 
management of HIV. Chapter 410, Sections 305/2 through 305/8, 305/9.5, 305/11, 305/13, 305/15 and 
305/16, as amended and enacted by P.A. 7 (S.B. 929), L. 2007, effective June 1, 2008. ¶14-22,250.02 through ¶14-22,250.08, ¶14-22,250.09, ¶14-22,250.11, ¶14-22,250.13, ¶14-22,250.15 and 
¶14-22,250.16.

Smoking in the Workplace Law

The Smoke Free Illinois Act, signed into law on July 23, 2007, will take effect on January 1, 2008. This new law will prohibit smoking in schools, public places, places of employment, and governmental vehicles. The Illinois Clean Indoor Air Act will be repealed on January 1, 2008 (P.A. 095-0017 (S. 500), L. 2007, at IL ¶14-2700).

Criminal Background Checks Law

Prior to entering into an initial contract with a teacher who holds a license other than an 
initial license issued by the board of educational examiners, the school district shall request 
the division of criminal investigation of the department of public safety to conduct a background 
investigation of the applicant. The school district shall require the teacher to submit a 
completed fingerprint packet, which shall be used to facilitate a national criminal history 
check. Title VII, Subtitle 6, Chapter 279, Section 279.13, as amended by S.B. 277, L. 2007 and 
S.B. 601, L. 2007, effective July 1, 2007. ¶16-23,600.01.

Criminal Background Checks Rules

A school district may submit a request for a national criminal history check of an applicant for 
employment as a teacher. The request shall be submitted on a form designated by the division of 
criminal investigation and shall be accompanied by completed fingerprint cards for the applicant 
and the applicable fee. Chapter 11, Section 661-11.21, as amended effective July 1, 2007. ¶16-23,651.21.

Unemployment Insurance Law

The state has revised its employment security law (KS ¶17-1700).

Whistleblower Protection Law

The state has added notice requirements relating to public employees' rights to freedom from reprisal for disclosing improper acts that they are aware of in the course of their employment (Act 148 (H. 340), L. 2007, at LA ¶19-3600).

Drug Testing Law

The state has amended its law regarding substance abuse testing of temporary workers (Ch. 339 (S. 306), L. 2007, at ME ¶20-8600).

Fair Employment Practices Law

The maximum compensatory and punitive damages under Maine's Human Rights Act have been increased to $500,000, effective September 20, 2007. The maximum award against employers with more than 500 employees was increased from $300,000 to $500,000. The law also doubles civil penal damages in cases involving other types of discrimination or discrimination involving employers of less than 15 workers, to $20,000 for the first violation, $50,000 for the second violation, and $100,000 for the third or subsequent violation. However, the maximum award against employers of 101 to 200 remains $100,000, and the maximum against employers of 15 to 100 remains $50,000 (P.L. 457 (H. 964), L. 2007, at ME ¶20-2500).

Also, the definition of “physical or mental disability” in the Maine Human Rights Act has been extensively revised and is intended to be interpreted broadly to create greater coverage than under the federal Americans with Disabilities Act of 1990 (P.L. 385 (S. 344), L. 2007, at ME ¶20-2500).

Family Medical Leave Law

The family medical leave law was amended to allow an employee to take a leave of absence when the 
employee's spouse, domestic partner, parent or child, as a member of the state military forces or 
the United States Armed Forces, including the National Guard and Reserves, dies or incurs a 
serious health condition while on active duty. Title 26, Chapter 7, Subchapter VI-A, Section 843, 
as amended by P.L. 388 (H.B. 212), L. 2007, effective Sept. 20, 2007. ¶20-22,450.01.

Family, Medical and Parental Leaves Law

Effective September 20, 2007, the state's family medical leave law has been amended to allow leave for an employee whose spouse is a member of the Armed Forces who has been killed or injured while on active duty (P.L. 388 (H. 212), L. 2007, ME ¶20-7000).

Additionally, Maine's family medical leave law has been amended to provide for intermittent leave as is provided under the federal Family and Medical Leave Act of 1993. This law also takes effect September 20, 2007 (P.L. 233 (H. 889), L. 2007, ME ¶20-7000).

Family Military Leave Law

The family military leave law was amended to provide that employers who employ 15 or more 
employees must provide eligible employees up to 15 days of family military leave per deployment, 
if requested, either during the deployment, if the military member is granted leave, or during 
the 15 days immediately prior to or immediately following deployment. Also, the law was amended 
to remove from the definition of a covered ``employee'' a person who is an independent 
contractor. Title 26, Chapter 7, Subchapter F, Subchapter V, Section 814, as amended by P.L. 388 
(H.B. 212), L. 2007, effective Sept. 20, 2007. ¶20-22,452.01.

Health Insurance Benefit Coverage Law

Beginning January 1, 2008, group insurers and HMOs must provide coverage for hearing aids for individuals 18 years of age or under (P.L. 452 (S. 537), L. 2007, at ME ¶20-4000).

Human Rights Act

The maximum compensatory and punitive damages under Maine's Human Rights Act were increased to 
$500,000, effective Sept. 20, 2007. The maximum award against employers with more than 500 
employees was increased from $300,000 to $500,000. The law also doubles civil penal damages in 
cases involving other types of discrimination or discrimination involving employers of less than 
15 workers, to $20,000 for the first violation, $50,000 for the second violation, and $100,000 
for the third or subsequent violations. However, the maximum award against employers of 101 to 
200 remains $100,000, and the maximum against employers of 15 to 100 remains $50,000. Title 5, 
Part 12, Chapter 337, Subchapter VI, Section 4613, as amended by P.L. 457 (H.B. 964), L. 2007, 
effective Sept. 20, 2007. ¶20-20,028.03.

Military and Emergency Services Leave Law

Effective September 20, 2007, Maine’s family military leave law has been amended to provide that employers who employ 15 or more employees must provide eligible employees up to 15 days of family military leave per deployment, if requested, either during the deployment, if the military member is granted leave, or during the 15 days immediately prior to or immediately following deployment. Currently, this law applies to employers with 50 or more employees (P.L. 388 (H. 212), L. 2007, ME ¶20-7200).

Minimum Wage Law

The law relating to the use of tips in the payment of service employees has been clarified. A service employee is defined as an employee engaged in an occupation, such as waiters, waitresses, bellhops, counter personnel and bartenders who serve customers, in which the employee customarily and regularly receives more than $30 a month in tips. An employer may consider tips as part of the employee's wages, up to 50 percent of the minimum hourly wage. If actual tips received by an employee are less than the tip credit, then the employer must increase the direct wages by the difference.

Effective September 20, 2007, tips received by the employee become the property of the employee and may not be shared with the employer. Employees may volunteer to pool their tips to be split among other service employees or may volunteer to share a part of their tips with other employees who do not generally receive tips directly from customers. Tips that are automatically included in a customer's bill or that are charged to a credit card must be given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and cannot be held while the employer is awaiting reimbursement from a credit card company (Ch. 367 (H. 1068), L. 2007, at ME ¶20-1000).

Overtime Pay Law

Automobile service writers will be exempt from state overtime requirements, effective September 20, 2007 (Ch. 360 (H. 913), L. 2007, at ME ¶20-1100).

Plant Closing Law

Maine law requires a person proposing to relocate a business outside of the state to provide 60 days' notice of the relocation to the employees of that business and the officers of the municipality in which the business is located, unless the notice requirement is waived by the Director of the Bureau of Labor Standards. Effective September 20, 2007, this law has been amended to require the same notice if the person terminates the business. Additionally, employers who fail to comply with the severance pay requirements of the plant closing law will face a civil penalty of up to $1,000 per violation, and each employee affected will constitute a separate violation (Ch. 333 (H. 308), L. 2007, at ME ¶20-3500).

Preemployment Inquiries Law

The state has amended background check requirements for animal welfare workers (P.L. 439 (H. 1137), L. 2007, ME ¶20-9000).

Smoking in the Workplace Law

The state has enacted a law prohibiting the use of tobacco on school grounds by members of the public and extending the prohibition on most tobacco use on school grounds by employees and by students when school is not in session. The law will take effect September 20, 2007 (P.L. 156 (S. 67), L. 2007, at ME ¶20-2700).

Wage Payment Law

Maine's wage payment law has been amended to provide that an employer cannot require employees to pay for the cost of purchasing or laundering work-required uniforms, or for the cost of any construction by and for the employer, the cost of tools of the trade and other materials and services incidental to carrying on the employer's business and other costs of furnishing facilities that are primarily for the benefit or convenience of the employer. Employers cannot consider such items as a “debt” to be repaid by the employee (Ch. 357 (H. 804), L. 2007, effective September 20, 2007, at ME ¶20-1200).

The state's wage payment law has also been amended with respect to the deduction of service fees. Effective September 1, 2007, public employers may deduct service fees owed by an employee to a collective bargaining agent from the employee's pay, without signed authorization from the employee, and remit those fees to the bargaining agent, subject to specified conditions (Ch. 415 (S. 714), L. 2007, at ME ¶20-1200).

Criminal Background Checks Law

Social workers are required to submit fingerprints and undergo a criminal background check as a 
condition of licensure. Title 37, Chapter 22, Sections 37-22-101 and 37-22-301, as amended by Ch. 
460 (S.B. 342), L. 2007, effective Oct. 1, 2007. ¶27-23,600.05 and ¶27-23,600.06.

Professional counselors are required to submit fingerprints and undergo a criminal background 
check as a condition of licensure. Title 37, Chapter 23, Sections 37-23-101 and 37-23-202, as 
amended by Ch. 460 (S.B. 342), L. 2007, effective Oct. 1, 2007. ¶27-23,600.07 and ¶27-23,600.08.

Recordkeeping/Posters Law

A Nebraska law, which will become effective September 1, 2008, will prohibit an employer from publicly posting, displaying or otherwise making available more than the last four digits of an employee's social security number. Further, employers will be prohibited from requiring employees to use more than the last four digits of their SSNs in the following situations: (1) over the Internet, unless the connection is secure or the information is encrypted; (2) to access an Internet website, unless a password, unique personal identification number, or other authentication device is also required to access the website; or (3) as an employee number for any type of employment-related activity. Among other things, more than the last four digits of an employee's SSN may be used in the administration of personnel benefit provisions for the employer and employment screening and staffing, but not as an identification number (L.B. 674, L. 2007, at NE ¶28-9900).

Unemployment Insurance Law

Voluntary contributions must now be received on or before January 10 (rather than March 10, as required previously) of any year to be considered paid at the beginning of the year (NE ¶28-1700).

Fair Employment Practices Law

Effective October 1, 2007, the definition of “disability” under the Nevada Fair Employment Practices Act will specifically include the human immunodeficiency virus (Ch. 438 (A. 443), L. 2007, at NV ¶29-2500).

Health Insurance Benefit Coverage Law

Group insurers and HMOs must now provide coverage for the human papillomavirus (HPV) vaccine as well as for prostate cancer screenings (Ch. 527 (S. 409), L. 2007, at NV ¶29-4000).

Jury Duty and Court Attendance Leave Law

Nevada’s jury duty law has been amended to prohibit employers from requiring employees to use sick leave or vacation time for jury duty. The law has also been amended to prohibit employers from requiring employees who are summoned to appear for jury duty to work certain hours (Ch. 62 (S. 208), L. 2007, at NV ¶29-7100).

Minimum Wage Law

Effective January 1, 2008, the definition of “employee” under the minimum wage law will be amended as part of an effort by the general court to protect employees from being improperly classified as independent contractors (Ch. 362 (S. 92), L. 2007, at NH ¶30-1000).

Wage Payment Law

New Hampshire has adopted a law which permits employers to pay employee wages by means of a payroll card. The employee must have at least one free means to withdraw up to and including the full amount of the employee balance in the employee’s payroll card or payroll card account during each pay period at a financial institution or other location convenient to the place of employment. In addition, none of the employer’s costs associated with a payroll card or payroll card account may be passed on to the employee (Ch. 299 (H. 611), L. 2007, at NH ¶30-1200).

Additionally, effective September 11, 2007, with the written authorization of the employee, an employer will be permitted to deduct from the employees' wages the cost of the following: union dues; health, welfare pension, and apprenticeship fund contributions; charitable contributions; housing and utilities; savings fund payments; rental fees for non-required clothing; cleaning of uniforms; company vehicle use; medical, surgical, hospital and other group insurance benefits; and required clothing not covered by the definition of “uniform” (Ch. 318 (S. 244), L. 2007, at NH ¶30-1200).

Effective January 1, 2008, the definition of “employee” under the wage payment law will be amended as part of an effort by the general court to protect employees from being improperly classified as independent contractors (Ch. 362 (S. 92), L. 2007, at NH ¶30-1200).

Whistleblower Protection Law

Effective January 1, 2008, the definition of “employee” under the whistleblower protection law will be amended as part of an effort by the general court to protect employees from being improperly classified as independent contractors (Ch. 362 (S. 92), L. 2007, at NH ¶30-3600).

Breast and Prostate Cancer Leave-Public Employment

The state has extended excused leave from work for breast cancer and prostate cancer screenings 
to employees of municipalities and school districts. Current law specifies such leave for public 
officers, state employees, and county employees. Civil Service Law, Article 10, Sections 159-b 
and 159-c, as amended by A.B. 6112, L. 2007, effective Aug. 2, 2007. ¶33-22,450.01 and 
¶33-22,450.02.

Child Labor Law

The state has enacted a law, effective September 1, 2007, that prohibits minors under 18 from dancing or performing in facilities open to the public wherein persons dance or otherwise perform unclothed (S. 224, L. 2007, NY ¶33-1500).

Criminal Background Checks Law

Provisions pertaining to the licensing of child care centers and the employment of their 
personnel was amended. Social Services Law, Article 6, Title 1, Sections 390, as amended by Ch. 
16 (A.B. 6579), L. 2007, effective March 31, 2007. ¶33-23,600.37.

Subject to the rules and regulations of the division of criminal justice services, mentoring 
programs may apply for a criminal history record check with the division of criminal justice 
services regarding any prospective employee or any prospective mentor who may engage in 
unsupervised activities with youth or in activities with youth in a setting without constant 
agency or parental oversight. Social Services Law, Section 390-e, as enacted by Ch. 459
(S.B. 5071), L. 2006, effective April 1, 2007. ¶33-23,600.40.

Family, Medical and Parental Leaves Law

The state has extended excused leave from work for breast cancer and prostate cancer screenings to employees of municipalities and school districts, effective August 2, 2007 (A. 6112, L. 2007, NY ¶33-7000).

Meal and Rest Periods Law

Penalty provisions have been added for employers who violate the state's day of rest or meal period laws (S. 3674, L. 2007, at NY ¶33-1400).

Wage Payment Law

The state has amended its wage payment law with respect to commission salespersons. Also, the threshold earnings amount to trigger coverage of several portions of the wage payment law will increase from $600 a week to $900 a week effective January 15, 2008 (S. 3674, L. 2007, at NY ¶33-1200).

Access to Personnel Files Law

The state has enacted a law modifying provisions pertaining to the confidentiality of school personnel files (Session Law 2007-192 (H. 550), L. 2007, at NC ¶34-8500).

Criminal Background Checks Law

Criminal background checks are required for employees and applicants of the Judicial Department 
and Office of Information Technology Services. Chapter 114, Article 4, Part 2, Sections 114-19.19 
and 114-19.20, as amended by Ch. 155 (S.B. 878), L. 2007, effective June 29, 2007. ¶34-23,600.72 and ¶34-23,600.73.

Preemployment Inquiries Law

The state has added background check requirements for employees and prospective employees of the State Chief Information Officer and the Office of Information Technology Services (Session Law 2007-155 (S. 878), L. 2007, NC ¶34-9000).

Smoking in the Workplace Law

The state has enacted a law to protect the public from the health risks of secondhand smoke by prohibiting smoking in buildings owned, leased, or occupied by state government. This law, which will take effect January 1, 2008, also authorizes local governments to regulate smoking in buildings and transportation vehicles owned, leased, or occupied by local government (Session Law 2007-193 (H. 24), L. 2007, at NC ¶34-2700).

Also, the regulation of smoking is now allowed on the campuses of the UNC Health Care System, the facilities of the East Carolina School of Medicine and Physicians Practice Plan, and the buildings and grounds of the constituent institutions of the University of North Carolina (Session Law 2007-114 (S. 862), L. 2007, at NC ¶34-2700).

The state has further regulated public smoking by enacting a law requiring local boards of education to adopt written policies prohibiting the use of tobacco products in school buildings, in school facilities, on school campuses, or at school-related or school-sponsored events, and in or on other school property (Session Law 2007-236 (S. 1086), L. 2007, at NC ¶34-2700).

Recordkeeping/Posters Law

The state has updated the following posters: wage and work conditions summary, and workforce safety and insurance important notice to employees. The state's fair housing poster has been added (ND ¶35-9900).

Recordkeeping/Posters Law

The state has updated its statutory and plain language minimum wage posters. Also, the Spanish version of the minimum wage poster has been added (OK ¶37-9900).

Smoking in the Workplace Law

Prohibitions on public smoking, including smoking in places of employment, have been expanded, effective November 1, 2007 (Ch. 70 (S. 473), L. 2007, at OK ¶37-2700).

Criminal Background Checks Law

The Department of Human Services may obtain criminal offender information from the Department of 
State Police about an individual without first obtaining the individual's written consent or 
giving written notice to the individual when: (1) the criminal offender record check is requested 
for the purpose of investigating a report of child abuse or neglect; and (2) the individual is 
either an alleged perpetrator of the reported child abuse or neglect or is an individual who 
resides in or frequents the alleged victim's residence. Title 18, Chapter 181, Section 181.557, 
as amended by H.B. 2179, L. 2007, effective Jan. 1, 2008. ¶38-23,601.06.

Criminal Background Checks Rules

Employees and volunteers of the University Oregon who will have direct access to persons less 
than 18 years of age are required to undergo a criminal background check. Chapter 571, Division 
50, Sections 571-050-0100 through 571-050-0135, as adopted by UO 10-2007, as temporary effective 
June 4, 2007 to expire Dec. 1, 2007. ¶38-23,650.11 through ¶38-23,650.18.

Fair Employment Practices Act

Employers are prohibited from requiring an employee who is unable to work because of a disabling 
injury to use “family leave” time. However, an employee does have the option to use family leave 
time to cover a job related injury that is covered under workers’ compensation law, if the 
employee chooses. Title 51, Chapter 659A, Sections 659A.043 and 659A.046, as amended by H.B. 
2460, L. 2007, effective Jan. 1, 2008. ¶38-20,025.043 and ¶38-20,025.046.

Family Medical Leave Law

A covered employer may not reduce the amount of family leave available to an eligible employee by 
any period the employee is unable to work because of a disabling compensable injury. Title 51, 
Chapter 659A, Sections 659A.150 and 695A.162, as amended by H.B. 2460, L. 2007, effective Jan. 1, 
2008. ¶38-22,450.01 and ¶38-22,450.05.

Employees are permitted to use paid sick leave for family leave taken under the Oregon Family 
Leave Act. Currently, the law requires employers with 25 or more employees to provide their 
workers with job-protected family leave in a broad number of cases, but the use of paid leave is 
a matter of employer policy. Title 51, Chapter 659A, Section 659A.174, as amended by H.B. 2485, 
L. 2007, effective Jan. 1, 2008. ¶38-22,450.09.

On July 16, Governor Ted Kulongoski signed H.B. 2635 that extends the definition of ``family 
member'' to include the grandparent or grandchild of an employee. The law also makes it unlawful 
employment practice to retaliate or in any way discriminate against an individual with respect to 
hire or tenure or any other term or condition of employment because the individual has inquired 
about the provisions of Oregon's family medical leave law, submitted a request for family leave 
or invoked any provision of the law. Title 51, Chapter 659A, Sections 659A.150 and 659A.183, as 
amended by H.B. 2635, L. 2007, effective Jan. 1, 2008. ¶38-22,450.01 and ¶38-22,450.12.

Family, Medical and Parental Leaves Law

Effective January 1, 2008, employees will be allowed to use paid sick leave for family leave taken under the Oregon Family Leave Act. Currently, the law requires employers with 25 or more employees to provide their workers with job-protected family leave in a broad number of cases, but the use of paid leave is a matter of employer policy (H. 2485, L. 2007, OR ¶38-7000).

Also effective January 1, 2008, “family leave” will be redefined to exclude leave taken by an employee who is unable to work because of a disabling compensable injury under the state's workers' comp law (H. 2460, L. 2007, OR ¶38-7100).

Minimum Wage Law

The current living wage for Ashland is $12.43 per hour (OR ¶38-1000).

Recordkeeping/Posters Law

The Ashland living wage poster has been updated (OR ¶38-9900).

Veterans’ Preference in Public Employment—Topic added.

Public employers shall grant a preference to veterans or disabled veterans who successfully 
completes an initial application screening or an application examination or who successfully 
completes a civil service test the employer administers to establish eligibility for a vacant 
civil service position. Title 33, Chapter 408, Sections 408.225 through 408.235, as amended by 
S.B. 822, L. 2007, effective June 20, 2007 and S.B. 84, L. 2007, effective Jan. 1, 2008. ¶38-21,750.01 through ¶38-21,750.03.

Wage Payment Law

Effective January 1, 2008, when an employer has notice that an employee has not been paid the full amount the employee is owed on a regular payday and there is no dispute between the employer and the employee regarding the amount of the unpaid wages: (1) If the unpaid amount is less than five percent of the employee's gross wages due on the regular payday, the employer shall pay the employee the unpaid amount no later than the next regular payday; or (2) If the unpaid amount is five percent or more of the employee's gross wages due on the regular payday, the employer shall pay the employee the unpaid amount within three days after the employer has notice of the unpaid amount, excluding Saturdays, Sundays and holidays (H. 2258, L. 2007, OR ¶38-1200).

Also effective January 1, 2008, an employer will be required to pay over, in accordance with law or agreement requiring or authorizing deductions from wages, amounts deducted from an employee's wages. Failure to pay as required will be considered an unlawful deduction subject to a civil penalty to be assessed by the Commissioner of the Bureau of Labor and Industries (H. 2674, L. 2007, OR ¶38-1200).

Family and Medical Leave in Public Employment—Topic added.

Public employees are entitled to sick leave for themselves or dependent children or 
family members, and for maternity or paternity leave for the birth or adoption of a child. Title 
3, Chapter, 51B, Subchapter 8, Section 1466, as amended by Act 47 (H.B. 2330), L. 2007, effective 
June 13, 2007. ¶40-22,450.01 and ¶40-22,450.02.

Family, Medical, and Parental Leaves Law

Puerto Rico now specifically provides paternity leave for municipal employees who adopt a minor five years of age or less (Act 47 (H. 2330), L. 2007, at PR ¶40-7000).

Unemployment Insurance Law

Rate information has been updated (PR ¶40-1700).

Disability Law

The state has removed the repeal date for the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. The law was to have been repealed effective June 30, 2007 (Ch. 072 (H. 6005), L. 2007, at RI ¶41-2600).

Health Insurance Benefit Coverage Law

On or before July 1, 2009, specified employers shall adopt and maintain for their employees a cafeteria-style health insurance plan (Ch. 125 (S. 448), L. 2007, RI ¶41-4000).

Additionally, beginning January 1, 2008, HMOs will be required to provide coverage for benefits for orthotic and prosthetic devices that equal those benefits provided for under federal laws for health insurance for the aged and disabled (Ch. 029 (S. 445) and Ch. 035 (H. 5200), L. 2007, at RI ¶41-4000).

The Department of Human Services shall annually prepare a public health access beneficiary employer report. Any applicant for public health benefits through RIte-Care, RIte Share, and/or Medicaid shall identify the employer or the employers of the proposed beneficiary of the health care benefits. The report shall provide specified information for each employer of 50 (formerly, 250) or more public health access beneficiaries (Ch. 378 (H. 6053), L. 2007, at RI ¶41-4000).

Group insurers that provide pregnancy-related benefits must now cover medically necessary expenses of diagnosis and treatment of infertility for women between the ages of 25 and 42 (formerly, 40) years (Ch. 411 (S. 453), L. 2007, at RI ¶41-4000).

Holiday and Vacation Law

The state now exempts employees of a chauffeur-driven limousine or taxi cab company that operates seven continuous days of the week for 24 hours a day from being paid for at least one and one-half times the normal rate of pay for the work performed on Sundays and holidays (Ch. 052 (H. 5684) and Ch. 063 (S. 497), L. 2007, at RI ¶41-7400).

Also exempt are car rental companies that operate agencies at T.F. Green Airport on Sundays and/or holidays (Ch. 369 (H. 6554), L. 2007, at RI ¶41-7400).

Preemployment Inquiries 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 (Ch. 241 (S. 186), L. 2007, at RI ¶41-9000).

Access to Personnel Files Law

The state has amended its personnel files law with respect to law enforcement agencies and confidentiality (Ch. 425 (S. 2005), L. 2007, TN ¶44-8500).

Employment of Aliens Law

Provisions were amended to restate federal I-9 requirements, clarify the definition of "illegal 
alien," remove criminal provisions for hiring undocumented workers, and created a process for 
suspending business licenses. Title 50, Chapter 1, Section 50-1-103, and a section to be 
appropriately designated, as amended and enacted by Ch. 529 (H.B. 729), L. 2007, effective Jan. 
1, 2008. ¶44-24,050.01 and ¶44-24,050.03.

Recordkeeping/Posters Law

The state has amended its law relative to the employment of illegal aliens (Public Ch. 529 (H. 729), L. 2007, TN ¶44-9900).

Smoking in the Workplace Law

The state now prohibits smoking in all motor vehicles that are owned, leased or operated by the state (Ch. 463 (S. 10), L. 2007, at TN ¶44-2700).

The Non-Smoker Protection Act will take effect October 1, 2007 (Ch. 410 (S. 1325), L. 2007, at TN ¶44-2700).

Drug Testing Law

The Transportation Code has been amended with respect to employer reporting of commercial driver employees' alcohol and drug testing results (S. 328, L. 2007, TX ¶45-8600).

Polygraph Testing Law

The state has amended its law with respect to the administration of polygraph examinations to certain officers and employees of the Texas Department of Public Safety (S. 295, L. 2007, TX ¶45-8800).

Preemployment Inquiries Law

The state has enacted a law that will require a private business to maintain a criminal history record on file at the business for an individual the business employs as a security officer. The law, which will take effect September 1, 2007, also requires such businesses to make such records available for inspection by the Department of Public Safety (H. 1241, L. 2007, TX ¶45-9000).

Also, the state has enacted a new section of the Human Resources Code relating to the regulation of employer-based day-care facilities. Background checks will be required of caregivers at such facilities, effective September 1, 2007 (H. 1385, L. 2007, at TX ¶45-9000).

Disability Bias Rules-State Employment

Temporary transitional assignments may be part of when an employee is unable to perform essential 
job functions due to temporary disability or medical restrictions or in conjunction with an 
internal investigation. R477-8, Sections R477-8-7 through R477-8-9, as amended and re-codified 
effective July 1, 2007. ¶46-20,800.01 through ¶46-20,800.03.

Employment of Aliens Rule-State Employment—Topic added.

All career and career service exempt employees must provide verifiable documentation of their 
identity and eligibility for employment in the United States by completing all sections of the 
Employment Eligibility Certification Form I-9. R477-2, Section R477-2-7, as amended effective 
July 1, 2007. ¶46-24,100.01.

Rules for Family leave-State Employees

State employees are entitled to 12 weeks of family and medical leave each calendar year for any 
of the following reasons: (a) birth of a child; (b) adoption of a child; (c) placement of a 
foster child; (d) a serious health condition of the employee; or (e) care of a spouse, dependent 
child, or parent with a serious medical condition. Also, state employees may use accrued annual 
leave, sick leave, converted sick leave, excess hours and compensatory time prior to going into 
leave without pay status for the family and medical leave period. R477-7, Sections R477-7-4, 
R477-7-5, R477-7-13 and R477-7-15, as amended effective July 1, 2007. ¶46-22,500.01, 
¶46-22,500.02, ¶46-22,500.04 and ¶46-22,500.05.

Recordkeeping/Posters Law

The state's workplace smoking poster has been added (VT ¶47-9900).

Drug Testing Law

Governor Joe Manchin III has ordered the Director of the Division of Personnel to revise the Drug- and Alcohol-Free Workplace Policy so as to incorporate a preemployment drug screening requirement for specified state government employees (Executive Order No. 5-07, June 21, 2007, WV ¶50-8600).

Unemployment Insurance Law

After July 1, 2007, the Department of Employment will establish an additional formula to apportion the positive fund balance adjustment factor between employers with a benefit ratio of zero and employers who have a benefit ratio that is greater than zero. Employers with no established experience period will be treated the same as those whose benefit ratio is greater than zero. The formula will reflect the proportion of contribution revenue from each of the groups during the previous calendar year and an additional surcharge for employers having a benefit ratio that is greater than zero (WY ¶52-1700).