State Law Changes

July 31, 2008 Update

Bone Marrow and Organ Donation Leave—Public Employees Law

Topic added. Public employees are entitled to paid administrative leave of not more than 80 hours and not less than 40 hours, unless the employee requests fewer hours, to make a personal organ or bone marrow donation. Paid administrative leave may include time spent on a screening process to determine whether the employee is a compatible donor. Title 39, Chapter 20, Article 3, Section 39.20.275, as enacted by Ch. 80 (H.B. 252), L. 2007, effective Sept. 4, 2008. ¶2-22,950.01.

Family, Medical and Parental Leaves Law

Effective September 4, 2008, public employees are entitled to paid administrative leave of not more than 80 hours and not less than 40 hours, unless the employee requests fewer hours, to make a personal organ or bone marrow donation. Paid administrative leave may include time spent on a screening process to determine whether the employee is a compatible donor (Ch. 80 (H. 252), L. 2007, at AK ¶2-7000).

Workers' Compensation Law

A political subdivision may elect to provide workers' comp coverage for search and rescue personnel. Search and rescue personnel may also be considered as state employees for purposes of workers' compensation (Ch. 98 (H. 320), L. 2007, enacted June 16, 2008, at AK ¶2-4300).

Preemployment Inquiries Law

The state has enacted a law relating to the fingerprinting of Department of Emergency and Military Affairs employees (Ch. 300 (H. 2194), L. 2008, at AZ ¶3-9000).

Recordkeeping/Posters Law

The state has enacted a law which requires that a public body maintain all records that are reasonably necessary or appropriate to maintain an accurate knowledge of disciplinary actions involving public officers or employees of that body. The law also provides that the records shall be open to inspection and copying unless specifically prohibited (H. 2159, L. 2008, at AZ ¶3-9900).

Meal and Rest Periods Law

A state appeals court has ruled that while employers must make meal and rest periods available to employees and cannot impede, discourage or dissuade employees from taking them, once made available, the employer is not obligated to police their employees' use of that time to ensure that the break periods are actually taken. Equally significant, the court held employers are not liable for off-the-clock work unless they knew or should have known of such work. The court also rejected the notion that there is a “rolling five-hour meal period” requirement, among other specific holdings. Finally, the court held such claims are not amenable to class treatment, as they require individualized inquiries. The decision creates a circuit split in California and a likely showdown in the state's high court (Brinker Restaurant Corp v. Superior Court, CalAppCt, July 22, 2008, at CA ¶5-1400).

Minimum Wage Law

Effective July 1, 2008, the living wage rate for the City of Los Angeles is $10.00 per hour with health benefits, or $11.25 per hour without benefits. 

The living wage rate for Berkeley has also increased. Effective June 30, 2008, if an employer pays at least $2.01 per hour per employee towards an employee medical benefits plan, the employer must pay employees an hourly wage of not less than $12.11. If the employer does not provide the employees with such a medical benefit plan, the employer must pay employees an hourly wage of not less than $14.12.

Effective until July 1, 2009, employees of private sector contractors/employers who enter into a service contract with the City of Santa Cruz for $10,000 or more must be paid a living wage of $13.08 per hour with benefits, and $14.26 per hour without benefits.

Certain contractors and subcontractors with the County of Marin must pay employees a living wage for services financed by county funds for the time those employees are engaged in providing services to the county. The rates, effective July 1, 2008, are $10.05 per hour with health benefits of at least $1.50 per hour, and $11.55 per hour without health benefits.

Employees of contractors for specified private sector services, or any employee of a subcontractor while employed in providing service to the City of Watsonville pursuant to a contract for specified private sector services or related subcontract must be paid a living wage of $13.08 per hour with benefits, or $14.26 per hour without benefits, effective July 1, 2008.

The Sacramento living wage rate has also been updated. (CA ¶5-1000).

Preemployment Inquiries Law

The state has enacted a law authorizing the Gambling Control Commission to require fingerprints and associated information from a prospective employee if the employee's duties include or would include, access to specified information or accountable items for purposes of obtaining that person's criminal history. The law also provides that the commission shall require that any services contract include a provision requiring that the contractor agree to permit the commission to require fingerprints from the contractor's employee (Ch. 77 (A. 2524), L. 2007, at CA ¶5-9000).

Recordkeeping/Posters Law

The living wage posters for the following jurisdictions have been updated: Marin County (English version of poster); and Ventura County. Also, the living wage posters (English and Spanish versions) for Santa Cruz have been added (CA ¶5-9900).

Violence in the Workplace Law

The state has made it a misdemeanor, punishable by specified penalties, for a person to make telephone calls or contact with an electronic communication device with the intent to annoy another person at any place. The law provides that a person is subject to the described penalties if the person knowingly permits any telephone or electronic communication device under the person's control to be used for the prohibited purpose (Ch. 109 (S. 129), L. 2007, enacted July 10, 2008, at CA ¶5-3300).

Wage Payment Law

Temporary services employers will be required to pay temporary workers on a weekly basis, or daily if an employee is assigned to a client on a day-to-day basis or to a client involved in a trade dispute, under a new statute added to California's Labor Code, effective January 1, 2009. These requirements would not apply to employees assigned to a client for over 90 consecutive calendar days unless the employer pays the employee on a weekly basis in compliance with the new statute. Civil and criminal penalties will also be imposed on temporary services employers who violate certain wage payment requirements.

The new statute, Section 201.3, defines a temporary services employer as an employing unit that contracts with clients or customers to supply workers and does all of the following: negotiates with clients as to time and place of work, type of work, working conditions and quality and price of services; determines the assignments or reassignments of workers, even if the workers retain a right to refuse assignments; retains authority to assign or reassign workers to other clients or customers when determined unacceptable by a specific client or customer; assigns or reassigns workers to perform services for clients or customers; sets the rate of pay of workers, whether or not through negotiation; pays workers from its own account or accounts; and retains the right to hire or terminate workers. Exemptions will include bona fide nonprofit organizations providing temporary service employees to clients; certain farm labor contractors; and garment manufacturing employers, which are deemed contractors (Ch. 169 (S. 940), L. 2007, enacted July 22, 2008, at CA ¶5-1200).

Workers' Compensation Law

California employers (and insurers) are required to conduct the “utilization review” process embodied in Sec. 4610 of the state's Labor Code when deciding whether to approve or deny an injured employee's request for medical treatment of a workers' compensation-related injury, the California Supreme Court ruled. Employers are not entitled, as an alternative, to use Sec. 4062 of the Labor Code in order to bypass the utilization review process; this provision is to be used only by employee-claimants in challenging an employer's adverse decision regarding treatment. Thus, an insurer that failed to respond to a treatment request within the deadline set forth in Sec. 4610 was precluded from relying on its utilization review report to reject the MRI request of a construction worker who was injured on a road construction project (State Comp Ins Fund v Workers' Comp Appeals Bd, CalSCt, July 3, 2008, at CA ¶5-4300).

Anti-Bias Rules: Department of Personnel-State Employment

The performance management dispute resolution process is an open, impartial process that is not a grievance or appeal. No party has an absolute right to legal representation, but may have an advisor present. The parties are expected to represent and speak for themselves. In the event that an employee with a pending dispute separates from the state personnel system, the dispute is dismissed. 4 CCR 801-1, Chapter 8, Sections 8-94 through 8-96 and 8-98, as amended effective Aug. 1, 2008. ¶6-20,076.17 through ¶6-20,076.19 and ¶6-20,076.21.

Criminal Background Checks Law

Whenever any charge in a criminal case has been nolled in the Superior Court, or in the Court of Common Pleas, if at least 13 months have elapsed since such nolle, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased, except that in cases of nolles entered in the Superior Court, Court of Common Pleas, Circuit Court, municipal court or by a justice of the peace prior to April 1, 1972, such records shall be deemed erased by operation of law and the clerk or the person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased. Title 54, Chapter 961a, Part I, Section 54-142a, as amended by P.A. 08-151 (S.B. 694), L. 2008, effective Oct. 1, 2009. ¶6-23,601.05.

Discrimination Against Military Personnel Law

An employer shall not discriminate against or discharge from employment any member of the civil air patrol because of such membership and shall not hinder or prevent a member from performing during any civil air patrol mission for which a member is entitled to leave. Title 28, Article 1, Part 1, Section 28-1-103, as enacted by Ch. 174 (H.B. 1097), L. 2008, effective Aug. 5, 2008. ¶6-21,150.01.

Family Leave-State Employees Rules

Active duty family leave is granted to an eligible employee when a parent, child, or spouse experiences a qualifying exigency directly related to being called to, or on active duty for a contingency operation. A contingency operation is a military action or operation during a declared war or national emergency, as opposed to regular activities such as annual military training. The leave covers non-medical events directly related to pre-deployment, deployment, and post-deployment. 4 CCR 801-1, Chapter 5, Sections 5-24 and 5- 25, as amended effective Aug. 1, 2008. ¶6-22,500.02 and ¶6-22,500.03.

Family, Medical and Parental Leaves Law

An employer shall not discriminate against or discharge from employment any member of the civil air patrol because of such membership and shall not hinder or prevent a member from performing during any civil air patrol mission for which a member is entitled to leave (Ch. 174 (H. 1097), L. 2008, effective August 5, 2008, at CO ¶6-7000).

Military and Emergency Services Leave Law

An employer shall not discriminate against or discharge from employment any member of the civil air patrol because of such membership and shall not hinder or prevent a member from performing during any civil air patrol mission for which a member is entitled to leave (Ch. 174 (H. 1097), L. 2008, effective August 5, 2008, at CO ¶6-7200).

Sexual Orientation Discrimination Rules

The Colorado Civil Rights Commission has amended the rules for helping employers, employment agencies, and labor organizations implement nondiscriminatory personnel policies with respect to the sexual orientation of their employees, members and job applicants. 3 CCR 708-1, Section 81.1, as amended retroactively May 29, 2008. ¶6-20,500.01.

Wage Payment Law

The Connecticut Supreme Court has upheld the criminal conviction of the owner of a start-up wireless company for failure to pay wages, even though his four employees initially agreed to forego the pay they were owed until the company secured enough revenue to compensate them. When the employees later resigned and filed a wage claim with the state Department of Labor seeking $250,000 in unpaid wages, the employer was prosecuted. Appealing his conviction, the employer argued that he could not be held criminally liable because his employees signed a written agreement that their back wages would not become ”due” until the employer “receives revenue sufficient to pay those wages.” Such an agreement is contrary to public policy and thus is an invalid defense, the high court held (State v Lynch, ConnSCt, June 24, 2008, at CT ¶7-1200).

Health Insurance Benefit Coverage Law

Every group and blanket health insurance contract delivered, issued for delivery, or renewed in this state on or after January 1, 2009, shall provide coverage of up to $1000.00 per individual hearing aid, per ear, every three years, for children less than 24 years of age, covered as a dependent by the policy holder (Ch. 244 (H. 355), L. 2007, enacted June 18, 2008, at DE ¶8-4000).

Also, colorectal cancer screening shall include the use of anesthetic agents, including general anesthesia, in connection with colonoscopies and endoscopies performed in accordance with generally accepted standards of medical practice and all applicable patient safety laws and regulations, if the use of such anesthetic agents is medically necessary in the judgment of the treating physician (H. 319, L. 2007, enacted July 21, 2008, at DE ¶8-4000).

Military and Emergency Services Leave Law

The state has enacted a law exempting state workers who are seriously injured on deployment for the United States Military or National Guard from being required to use sick leave to recover from the injuries after returning to their state job within said time frames (H. 450, L. 2007, enacted July 16, 2008, at DE ¶8-7200).

Violence in the Workplace Law

The state has amended its stalking provisions (S. 253, L. 2007, enacted July 16, 2008, at DE ¶8-3300).

Recordkeeping/Posters Law

The district has updated its minimum wage poster (DC ¶9-9900).

Criminal Background Checks Law

A criminal history record of a minor or an adult which is ordered sealed by a court of competent jurisdiction is confidential and is available only to the person who is the subject of the record, to the subject's attorney, to criminal justice agencies for their respective criminal justice purposes, which include conducting a criminal history background check for approval of firearms purchases or transfers as authorized by state or federal law, to judges in the state courts system for the purpose of assisting them in their case-related decisionmaking responsibilities, or to those entities for their respective licensing, access authorization, and employment purposes. Title XLVII, Chapter 943, Section 943.059, as amended by Ch. 249 (H.B. 7113), L. 2008, effective July 1, 2008. ¶10-23,602.02.

Discrimination Against Crime Victims Law

Private and public employers shall permit an employee to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer. ``Sexual violence'' mean sexual violence, as defined in s. 784.046, or any crime the underlying factual basis of which has been found by a court to include an act of sexual violence. Title 43, Chapter 741, Section 741.313, as amended by Ch. 253 (H.B. 489), L. 2008, effective July 1, 2008. ¶10-21,050.01.

Family, Medical and Parental Leaves Law

Private and public employers shall permit an employee to request and take up to three working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer (Ch. 2008-253 (H. 489), L. 2008, at FL ¶10-7000). Additionally, future legislative review and repeal for this statutory provision has been extended to October 2, 2013 (Ch. 2008-254 (H. 1141), L. 2008, at FL ¶10-7000).

Health Insurance Benefit Coverage Law

The state now provides that a group health plan's or HMO's covered services shall include alcohol or drug treatment services, day treatment services, mental health outpatient services, and partial hospitalization services provided by a licensed mental health counselor (S. 2159, L. 2007, enacted June 27, 2008, at HI ¶12-4000).

Criminal Background Checks Rule

The fee for a fingerprint-based background check for Department of Health and Welfare applicants has been increased from $48 to $55. Also, the crimes of identity theft and attempted strangulation were added as 5-year disqualifying crimes to better protect vulnerable adults and children. IDAPA 16, Title 05, Chapter 06, Sections 050 and 210, as amended temporary effective July 1, 2008. ¶13-23,650.71 and ¶13-23,650.133.

Violence in the Workplace Law

An employer's imposition of conditions upon an employee's reinstatement ordered by a hearing officer, and its subsequent termination of his employment for refusing to comply with those conditions, did not breach any alleged employment agreements, the Idaho Supreme Court ruled. The employee was terminated after an investigation by a workplace violence assessment team revealed that he had engaged in threatening behavior. He argued that the imposition of additional conditions for his return to work breached a number of contractual obligations and was foreclosed by the hearing officer's decision requiring his reinstatement. However, the alleged contractual documents did not contain any restriction on the city's ability to ensure the psychological fitness of its employees so that they posed no threat in the workplace, the court noted. “To the contrary, the city expressly retained the right to make employment decisions in order to maintain efficiency and to demote or dismiss employees for proper cause, and the hearing officer expressly stated the city could pursue disciplinary action against [the employee]” if it so chose (Cantwell v City of Boise, IdaSCt, July 17, 2008, at ID ¶13-3300).

Fair Employment Practices Law

Indiana employees may pursue a claim for wrongful discharge even where they allege they have been constructively discharged, ruled a state appeals court, noting “it makes little sense to allow an employer to accomplish constructively what the law will not allow it to do directly.” Allowing a claim for constructive wrongful discharge does not create a new exception to the employment-at-will doctrine, the court noted, but rather “is merely the application of two established doctrines in conjunction with one another within the contours of the extant exceptions.” Moreover, “disallowing the application of constructive discharge in this context would encourage employers to protractedly abuse employees that they wished to wrongfully discharge and thereby avoid liability.” In the case before it, though, the court found an employee failed to show that he was forced to resign for refusing to commit an illegal act (Baker v Tremco Inc, IndCtApp, July 16, 2008, at IN ¶15-2500).

Child Support Enforcement Law

The state's child support enforcement law has been amended with respect to court action
against employers who do not withhold or pay over income pursuant to a valid income assignment order or who do not otherwise comply with their duties under the law (Act 444 (S. 161), L. 2008, at LA ¶19-5500).

Criminal Background Checks Law

Each city, parish, and other local public school board shall establish, by regulation, requirements, and procedures under which the school systems shall determine whether an applicant, or employee, including any person employed as cafeteria, transportation or maintenance personnel, has been convicted of or pled nolo contendere to any criminal offense. Included in this regulation shall be the requirement and the procedure for the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau of Criminal Identification and Information prior to employment of such person. Title 17, Chapter 1, Section 15, as amended by Act 649 (H.B. 1007), L. 2008, effective Aug. 15, 2008. ¶19-23,600.01.

No person shall be hired by any organization that has supervisory or disciplinary authority over children until such person has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and Information and it has been determined that such person has not been convicted of or pled nolo contendere to a crime. These provisions also apply to volunteers of such organizations. Title 46, Chapter 2, Section 51.2, as amended by Act 649 (H.B. 1007), L. 2008, effective Aug. 15, 2008. ¶19-23,600.51.

Any employer or others responsible for the actions of one or more persons who have been given or have applied to be considered for a position of supervisory or disciplinary authority over children shall request in writing that the bureau supply information to ascertain whether that person or persons have been arrested for or convicted of, or pled nolo contendere to, any criminal offense. Title 15, Chapter 6, Section 587.1, as amended by Act 649 (H.B. 1007), L. 2008, effective Aug. 15, 2008. ¶19-23,601.52.

Fair Employment Practices Law

Louisiana has enacted a law that will make it unlawful for any person, with the intent to intimidate any person or group of persons, to etch, paint, draw, or otherwise place or display a hangman's noose on the property of another, a highway, or other public place, including workplaces that are public places (Act 643 (H. 726), L. 2008, effective August 15, 2008, at LA ¶19-2500).

The state has also amended its law relating to employment discrimination civil suits. Under a newly enacted provision, there shall be no interruption of prescription resulting from a plaintiff's giving or failing to give written notice to an employer concerning details of an alleged discrimination (Act 793 (S. 679), L. 2008, at LA ¶19-2500).

Health Insurance Benefit Coverage Law

Group health insurance and HMO plans issued for delivery, delivered, renewed, or otherwise contracted for in Louisiana on or after January 1, 2009, shall provide coverage of medically necessary prosthetic devices and prosthetic services (Act 349 (H. 318), L. 2008, at LA ¶19-4000).

Except for health coverage plans issued to an employer with 50 or fewer employees, beginning January 1, 2009, group health plans and HMOs shall provide coverage for the diagnosis and treatment of autism spectrum disorders in individuals less than 17 years of age (Act 648 (H. 958), L. 2008, at LA ¶19-4000).

As an alternative to offering optional coverage, including benefits for rehabilitative physical therapy, occupational therapy, and speech and language pathology therapy as standard benefits in such policies and programs shall be sufficient to comply with the requirements of the law (Act 529 (S. 241), L. 2008, at LA ¶19-4000).

Family and Medical Leave-Public Employment Law

Topic added. Every parish and city school board shall permit each employee who is not a teacher or whose employment does not require the holding of a teacher's certificate or who is not employed as a bus driver to take up to 90 days of extended sick leave in each six-year period of employment that may be used for personal illness or illness of an immediate family member at any time that the employee has no remaining regular sick leave balance. ``Immediate family member'' includes a spouse, parent, or child of an employee. Title 17, Chapter 2, Part X, Section 1206.2, as enacted by Act 457 (S.B. 473), L. 2008, effective Aug. 15, 2008. ¶19-23,450.01.

Family, Medical and Parental Leaves Law

The state has enacted a law providing for extended sick leave with partial pay for employees of local school boards. Such sick leave may be used for personal illness or illness of an immediate family member. An employer may require that the employee or immediate family member be examined by a physician (Act 457 (S. 473), L. 2008, at LA ¶19-7000).

Health Insurance Benefit Coverage Law

Group health insurance and HMO plans issued for delivery, delivered, renewed, or otherwise contracted for in Louisiana on or after January 1, 2009, shall provide coverage of medically necessary prosthetic devices and prosthetic services (Act 349 (H. 318), L. 2008, at LA ¶19-4000).

Except for health coverage plans issued to an employer with 50 or fewer employees, beginning January 1, 2009, group health plans and HMOs shall provide coverage for the diagnosis and treatment of autism spectrum disorders in individuals less than 17 years of age (Act 648 (H. 958), L. 2008, at LA ¶19-4000).

As an alternative to offering optional coverage, including benefits for rehabilitative physical therapy, occupational therapy, and speech and language pathology therapy as standard benefits in such policies and programs shall be sufficient to comply with the requirements of the law (Act 529 (S. 241), L. 2008, at LA ¶19-4000).

Preemployment Inquiries Law

The state's background checks law has been amended with respect to people who work with children, in schools, and in social services (Act 649 (H. 1007), L. 2008, at LA ¶19-9000).

Smoking in the Workplace Law

The Louisiana Smokefree Air Act has been amended with respect to nursing homes (Act 490 (H. 466), L. 2008, at LA ¶19-2700).

Violence in the Workplace Law

Louisiana has enacted legislation prohibiting employers from restricting their employees (or other guests and invitees) from bringing guns onto their parking lots. The law allows persons who may lawfully possess firearms to transport or store their firearms in a locked, privately-owned motor vehicle, “in any parking lot, parking garage, or other designated parking area.” Louisiana's measure is a bit narrower in the protections afforded gun owners under new Florida and Georgia laws. Employers and business entities are allowed to adopt policies requiring that firearms be hidden from plain view or kept within a locked case or container within the vehicle. The measure contains other protections for employers who wish to restrict access to its parking area if they provide for other means of firearm storage or an alternative parking area where vehicle storage of firearms will be permitted. And the law expressly does not apply to company vehicles used by employees in the course of employment, to worksites where firearm possession is currently restricted by law, and other exceptions. Moreover, no monetary penalties attach for violations of the law, and the statute provides for certain other protections from liability (Act 684 (S. 51), L. 2008, at LA ¶19-3300).

Workers' Compensation Law

The state has enacted a law authorizing a workers' compensation judge to issue a cease and desist order prohibiting an employer from continuing its business operations until such time as it procures workers' compensation coverage and pays all fines related to not obtaining coverage (Act 705 (H. 554), L. 2008, at LA ¶19-4300).

Fair Employment Practices Act

A complainant may bring a civil action against a respondent alleging a discriminatory act if: (1) the complainant initially filed a timely administrative charge or a complaint under Federal, State, or local law alleging a discriminatory act by the respondent; (2) at least 180 days have elapsed since the filing of the administrative charge or complaint; and (3) the civil action is filed no more than 2 years after the occurrence of the alleged act of discrimination.

Also, if back pay is awarded, interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. Article 49B, Sections 11, 11A, 11B, 11D, 17A and 17B, as amended and enacted by Ch. 587 (S.B. 528), L. 2008 and Ch. 588 (H.B. 399), L. 2008, effective Oct. 1, 2008. 399), L. 2008. ¶21-20,025, ¶21-20,025.11 through ¶21-20,025.11D, ¶21-20,025.17A and ¶21-20,025.17B.

No Updates as of July 31, 2008

Unemployment Insurance Law Summary

For 2008, the general experience rate is 0.7%, the new employer rate is 2.7%, and total rates range from 0.7% to 5.4%. The size-of-fund index is 0.5% (MS ¶25-1700).

Whistleblower Protection Law Summary

A company vice president who was discharged after informing the chief financial officer and several board members that he suspected the company's chief executive officer was involved in an illegal billing scheme could proceed with his claim for retaliatory discharge, the Mississippi Supreme Court ruled. Addressing a certified question from the Fifth Circuit, the state's high court declared that the laws of Mississippi permit a retaliatory discharge claim for reporting a coworker's illegal acts that relate to the employer's business. Mississippi does not, however, allow for individual liability for the tort of retaliatory discharge, the court stated in response to a second certified question, even if the individual defendant's participation in the discharge was in the course and scope of employment (DeCarlo v Bonus Stores, Inc dba Bill's Dollar Stores, Inc, MissSCt, July 17, 2008, at MS ¶25-3600).

Employment of Aliens Law

All employers who employ undocumented workers are subject to the suspension of their business permits and licenses or exemptions. If an employer is found to have knowingly hired an undocumented worker, its licenses can be suspended for 14 days. Permits, licenses and exemptions will be reinstated for entities who comply at the end of the fourteen day period by: (1) terminating the undocumented worker; or (2) requesting a second verification from the federal government, signing a sworn affidavit stating that the violation has ended and submitting documentation confirming the entity is enrolled in a federal work authorization program. A second violation results in the suspension of the employer's business permits and licenses or exemptions for one year. Subsequent violations can result in permanent revocation of the employer's applicable licenses. Title 18, Chapter 285, Sections 285.525 through 285.555, as enacted by H.B. 1549, L. 2008, effective Jan. 1, 2009. ¶26-24,050.01 through ¶26-24,050.07.

Fair Employment Practices Law

Employers in Missouri are now prohibited from requiring employees to have personal identification microchip technology implanted. “Personal identification microchip technology” is defined as a subcutaneous or surgically implanted microchip technology device or product that contains or is designed to contain a unique identification number and personal information that can be noninvasively retrieved or transmitted with an external scanning device (H. 1883, L. 2008, at MO ¶26-2500).

Additionally, effective October 1, 2008, the definition of “war on terror veteran” will be amended to remove the requirement that a person must be or must have been a member of the Missouri national guard or a member of a U.S. armed forces reserves unit in order to receive the specific employment protections of state law for these veterans (H. 2041, L. 2008, at MO ¶26-2500).

Military and Emergency Services Leave Law

Employment protections have been extended to employees who are activated to a national disaster response by the Federal Emergency Management Agency (FEMA) (H. 1883, L. 2008, at MO ¶26-7200).

Overtime Pay Law

The state has amended its overtime pay law with respect to exemptions. Additionally, the state has clarified that its overtime pay law is generally to be interpreted in accordance with the federal Fair Labor Standards Act and federal Portal to Portal Act (H. 1883 and H. 2041, L. 2008, at MO ¶26-1100).

Preemployment Inquiries Law

Effective January 1, 2009, business entities, including contractors and subcontractors, are prohibited from knowingly hiring or employing an unauthorized alien to work in the state of Missouri.

As a condition of being awarded any contract or grant in excess of $5,000 by the state or any political subdivision of the state, a business entity must, by sworn affidavit and documentation, affirm enrollment in and participation in a federal work authorization program with respect to all employees working with contracted services. Such business entity must sign an affidavit affirming it does not knowingly employ an authorized alien in connection with such contracted services.

Also, all public employers must enroll and actively participate in a federal work authorization program. All other employers may enroll and participate in a federal work authorization program and must verify the employment eligibility of every employee in the employee’s hire whose employment begins after enrollment in the program.

In addition, municipalities are prohibited from enacting any ordinance or order that provides sanctuary to illegal aliens by (a) limiting or prohibiting any local official or employee from communicating with or cooperating with federal agencies or officials to report the immigration status of any alien within that municipality; or (b) granting legal status to illegal aliens within the municipality in violation of federal law (H. 1549, L. 2008, at MO ¶26-9000).

Recordkeeping/Posters Law

An employer that enrolls and participates in a federal work authorization program must verify the employment eligibility of every employee in the employee's hire whose employment begins after the employer's enrollment in the program. Effective January 1, 2009, employers participating in the work authorization program must retain a copy of the dated verification report received from the federal government (H. 1549, L. 2008, at MO ¶26-9900).

Violence in the Workplace Law

The state has amended definitions under its harassment/stalking law. Notably, “course of conduct” is now defined as a pattern of conduct composed of two or more acts, which may include communication by any means, over a period of time, however short, evidencing a continuity of purpose. Under prior law, the phrase was defined as a pattern of conduct composed of a series of acts, which may include electronic or other communications, over a period of time, however short, evidencing a continuity of purpose (S. 818, L. 2008, at MO ¶26-3300).

Disability Law

The state has redefined “service dog” to include a dog assisting a person with a seizure disorder, effective January 1, 2009 (Ch. 214 (H. 1301), L. 2007, enacted June 16, 2008, at NH ¶30-2600).

Health Insurance Benefits Coverage Law

The state has enacted a law clarifying where services rendered by certified midwives may be performed for insurance coverage purposes and requiring that insurers offering maternity benefits cover services being provided at home (Ch. 298 (S. 131), L. 2007, enacted June 28, 2008, effective August 27, 2008, at NH ¶30-4000).

Military and Emergency Services Leave Law

Any state employee who is a certified volunteer wildland firefighter may, with the authorization of the employee's supervisor, be granted a leave of absence with pay to participate in wildland fire emergencies to include non-wildland fire emergencies in another state or province pursuant to an agreement with the following: the Northeastern Interstate Forest Fire Protection Compact and the United States federal government (Ch. 162 (H. 1607), L. 2007, enacted June 6, 2008, at NH ¶30-7200).

Overtime Pay Law

The state's overtime pay provisions have been amended with respect to delivery drivers and sales merchandisers (Ch. 327 (H. 1242), L. 2007, enacted July 3, 2008, effective January 1, 2009, at NH ¶30-1100).

Smoking in the Workplace Law

New Hampshire's Indoor Smoking Act has been amended with respect to administrative fines (Ch. 325 (S. 532), L. 2007, enacted July 2, 2008, effective January 1, 2009, at NH ¶30-2700).

Military and Emergency Services Leave Law

The Public Servant Soldier Salary Act will take effect November 4, 2008. This law governs the calculation of compensation and repayment of the same by public officers or employees of a city with a certain population who are engaged in the performance of ordered military duty. It also relates to the base pay received by a public officer or employee from employment by a city and those who elected to participate in a full pay repayment plan who have returned to city employment from ordered duty (Ch. 238 (S. 6180), L. 2007, enacted July 7, 2008, at NY ¶33-7200).

Recordkeeping/Posters Law

The state's Labor Law has been amended to prohibit an employer from releasing an employee's Social Security number (Ch. 279 (S. 8376), L. 2007, enacted July 7, 2008, at NY ¶33-9900).

Smoking in the Workplace Law

The New York Public Health Law has been amended, effective August 15, 2008, to prohibit smoking in dormitories, residence halls, and other group residential facilities (Ch. 154 (A. 538), L. 2007, enacted July 7, 2008, at NY ¶33-2700).

Whistleblower Protection Law

New York's Health Care Whistleblower Law (Labor Law Sec. 741), which bars retaliation against employees who “perform health care services,” applies only to employees who actually render medical treatment, New York's high court has ruled, narrowing the reach of the law's protections in the case of a hospital volunteer program administrator who was discharged after making internal complaints about patient care. Looking to the legislative history, the court noted the statute was meant primarily (but not solely) to protect licensed medical professionals who exercise “professional judgments regarding the quality of patient care.” Labor Law Sec. 741 offers ”exceptional and specialized whistleblower protection over and above the generalized protection” afforded by Labor Law Sec. 740, New York's standard whistleblower statute (Reddington v Staten Island University Hosp, NYCtApp, July 1, 2008, at NY ¶33-3600).

Workers' Compensation Law

An undocumented immigrant was not entitled to additional compensation under New York's workers’ compensation law due to impairment of his wage-earning capacity since he was not eligible for workers' comp benefits in the first place, the New York high court ruled. Because the claimant was ineligible for work in the U.S., he did not, and could not, participate in a Board approved rehabilitation program, as the statute required, because ''no rehabilitation program is available to those who are not legally employable.'' Citing the tension ''between the statute's vocational rehabilitation objective to return an injured worker to the marketplace and the re-employment of a worker, as in this case, who is not authorized to so participate in the first instance,'' the court concluded the legislature could not have intended ''to restore . . . to re-employment" a worker who may not be lawfully employed (Ramroop v Flexo-Craft Printing,
NYCtApp, June 26, 2008, at NY ¶33-4300).

Veterans’ Preference in Employment Rules

Any claim or allegation that veterans' preference has not been accorded to an eligible veteran shall be filed with the State Personnel Commission through the contested case procedures of the Office of Administrative Hearings. The State Personnel Commission may, upon a finding that veterans' preference was denied, order the employment, subsequent employment, promotion, reassignment or horizontal transfer of any affected person, as well as any other remedy necessary to correct the violation. Title 25, Chapter 01, Subchapter 1H, Secs. .1102, .1103 and .1104 as amended effective June 1, 2008. ¶34-21,800.02 through ¶34-21,800.04.

No Updates as of July 31, 2008

Workers' Compensation Law

A K-Mart employee working a continuous, seven-hour overnight shift to guard merchandise that was being kept outside the store was acting “in the course of employment” and suffered an injury “arising out of employment” when he was shot by an assailant at a McDonald's drive-thru about three blocks from the store while he went off to find a restroom. Citing the “personal comfort mission rule,” Oklahoma's Supreme Court noted the employee here was on “a long shift without any scheduled restroom or lunch breaks,” adding that because he was locked out of the store premises, “K-Mart created the necessity” of his having to leave to attend to his personal needs. Second, a trial court also could infer that the injury “arose out of his employment” because his work as a night watchman exposed him to a greater risk of injury than the general public. Thus, the high court reinstated a workers' compensation court award granting the claimant benefits for his injury (K-Mart Corp v Herring, OklaSCt, July 1, 2008, at OK ¶37-4300).

Fair Employment Practices Law

The Keystone Opportunity Zone Act has been amended to prohibit illegal alien labor in zones (Act 2008-79 (S. 1412), L. 2007, enacted July 10, 2008, at PA ¶39-2500).

Preemployment Inquiries Law

The state has amended its background check law with respect to prospective school employees (Act 2008-61 (H. 1067), L. 2007, enacted July 9, 2007, at PA ¶39-9000).

Family, Medial and Parental Leaves Law

The Rhode Island Family Military Leave Act permits the spouse or parent of a service person to obtain leave from work while the service person is on military duty (Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008, at RI ¶41-7000).

Military Family Relief Act

Topic Added. Public and private employers that employ between 15 and 50 employees shall provide up to 15 days of unpaid family military leave to an employee during the time federal or state orders are in effect. Employers with 50 or more employees are required to provide up to 30 days of unpaid family military leave to an employee during the time federal or state orders are in effect. Title 30, Chapter 33, Sections 30-33-1 through 30-33-6, as enacted by Ch. 61 (H.B. 7774), L. 2007, effective June 23, 2008. ¶41-22,451.01 through ¶41-22,451.06.

Violence in the Workplace Law

The prohibition against cyberstalking has been expanded to prohibit cyberharassment.
Also, the law now covers not only communication by computer, but by other electronic devices (Ch. 120 (S. 2021), L. 2007, enacted July 1, 2008, at RI ¶41-3300).

Workers' Compensation Law

The state's workers' compensation law has been amended with respect to employer penalties (Ch. 377 (S. 3111), L. 2007, enacted July 8, 2008, at RI ¶41-4300).

Workers' Compensation Law

An employer defending a workers' comp claim may not conduct an ex parte interview with the claimant's treating physician, the Tennessee Supreme Court has ruled, unless the claimant waives his implied covenant of confidentiality. However, the employer does have a statutory right, under state workers' compensation law, to compel the injured worker to undergo a medical evaluation by a physician of the employer's choosing, so long as the employer's request is “reasonable,” the court held (Overstreet v TRW Commercial Steering Division, June 17, 2008)(Concurrence), at TN ¶44-4300).

Anti-Discrimination Act

The act was amended to reflect the recodifying and renumbering of Title 63, State affairs in general. Title 34A, Chapter 5, Section 34A-5-102, 34A-5-107 and 34A-5-108, as amended by Ch. 382 (H.B. 63), L. 2008, effective May 5, 2008. ¶46-20,025.02, ¶46-20,025.07 and ¶46-20,025.08.

Criminal Background Checks Rules

Agencies who have statewide responsibility for confidential information, sensitive financial information, or handle state funds may require employees to submit to a background check, including employees who work in other state agencies. R477-8, Section R477-8-12, as adopted effective July 1, 2008. ¶46-23,651.61.

Disability Bias Rules-State Employment

Agency management may place an employee in a temporary transitional assignment when an employee is unable to perform essential job functions due to temporary health restrictions. R477-8, Section R477-8-9, as amended effective July 1, 2008. ¶46-20,800.03.

Employment of Aliens Rule-State Employment

The term Employment Eligibility Certification was changed to Employment Eligibility Verification in alignment with terminology of the Immigration Reform and Control Act. R477-2, Section R477-2-7 as amended effective July 1, 2008. ¶46-24,100.01.

Rules for Family Leave-State Employees

Amendments were made to clarify intent with regard to sick leave, remove expired provisions from the sick leave retirement benefit, and reconstruct language regarding military leave and leave of absence without pay for clearer application. Family Medical Leave Act (FMLA) provisions were added to comply with the National Defense Authorization Act and redundancies are removed. R477-7, Sections R477-7-4, R477-7-5, R477-7-13, and R477-7-15, as amended effective July 1, 2008. ¶46-22,500.01, ¶46-22,500.02, ¶46-22,500.04 and ¶46-22,500.05.

Workforce Harassment Policy and Procedure-State Employment Rule

The "Unlawful Harassment Policy" rules were renamed "Workforce harassment Policy" rules. Also, the option of corrective action was removed from consequences for harassment and additional criteria were outlined. R477- 15, Sections R477-15-1 through R477-15-7 as amended effective July 1, 2008. ¶46-21,575.01 through ¶46-21,575.07.

Workers' Compensation Law

The state has amended its workers' compensation law with respect to first-aid-only injuries and vocational rehabilitation (Act 208 (S. 345), L. 2007, enacted June 11, 2008, at VT ¶47-4300).

Law Against Discrimination

Instead of filing a complaint with the commission, a complainant may pursue arbitration conducted by the American arbitration association or another arbitrator mutually agreed by the parties, with the cost of arbitration shared equally by the complainant and the respondent. Title 49, Chapter 49.60, Sections 49.60.230 and 49.60.250, as amended by Ch. 266 (S.B. 6776), L. 2007, effective June 12, 2008. ¶50-20,025.230 and ¶50-20,025.250.

Unemployment Insurance Law

Experience-rated employers currently pay rates ranging from 0.27% to 9.03%. Delinquent employers are assessed 2.0%, plus the assignable basic rate, the total of which may not exceed 9.03% for 2008. New employers pay the following rates by industry classification for 2008: raw materials and energy production, 1.53%; goods production, 2.49%; distribution and transportation of goods, 1.53%; information, 1.53%; finance, insurance, real estate, and rental and leasing, 1.53%; professional and business services, 1.53%; education, health and social assistance, 1.53%; leisure, accommodation, and food services, 1.55%; other services (except public administration), 1.53%; public administration, 1.53%; and unclassified employers, 1.77% (WY ¶52-1700).