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® Internet Research Network™ (IRN) subscription products. You must be a subscriber to these products to access the IRN links in the monthly compilations.

June 2002 Compilation
AlabamaTop of Page
Unemployment Insurance Law
If an individual's employment is otherwise characterized as employment under the Alabama Unemployment Compensation Law and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside program, the individual's employment will be considered employment under the law as of the date of a written election.  If the weekly benefit rate computed for an individual is more than $209.50, the weekly benefit amount is $210 (AL ¶1-1700).
AlaskaTop of Page
No June 2002 Updates
ArizonaTop of Page
Fair Employment Practices Law
The state has enacted a law prohibiting broadcast employers from requiring current or prospective employees to agree to a noncompete clause (S. 1042, L. 2002, at AZ ¶3-2500).

Recordkeeping and Posting Law
The state's employment discrimination poster has been updated (AZ ¶3-9900).

Criminal Background Checks Law
Before receiving a license to organize a bank, savings and loan or credit union, an individual may be required to submit a set of fingerprints for the purposes of conducting a criminal history check. Title 6, Chapter 1, Section 6-123.01, as enacted by Ch. (S.B. 1164), L. 2002, effective April 29, 2002..
ArkansasTop of Page
No June 2002 Updates
CaliforniaTop of Page
Minimum Wage Law
The state has clarified its wage-hour enforcement policy with respect to undocumented workers. (CA ¶5-1000).

Unemployment Insurance Law
For a year beginning on or after September 11, 2001, and before January 1, 2003, if an individual's high-quarter wages exceed $2,781.99, that individual's weekly benefit amount is determined as 45% of these wages divided by 13. For years beginning on or after January 1, 2003, the weekly benefit amount of an individual whose highest wages in the quarter of the base period exceed $1,832.99 will be determined as 50% of these wages divided by 13.

For the period beginning September 11, 2001, and ending January 1, 2003, the maximum weekly benefit amount is $330. (CA ¶5-1700).

Recordkeeping and Posting Law
As previously reported, effective July 1, 2002, as part of a law protecting against identity theft, employers are prohibited from using a person's Social Security number in certain specified ways, including posting it publicly or printing it on a card required to access products or services (Ch. 720 (S. 168), L. 2001, at CA ¶5-9900).
ColoradoTop of Page
Violence in the Workplace Law
The state has enacted a law providing for the issuance of a civil restraining order in the name of a business for the protection of its employees if an imminent danger to the employees is deemed to exist (Ch. 114 (H. 1051), L. 2002, at CO ¶6-3300).

Health Insurance Benefit Coverage Law
Provisions relating to court-ordered substance abuse treatment coverage have been added (H. 1263, L. 2002, at CO ¶6-4000).

Garnishment Law
Roth IRAs are now exempt from garnishment (Ch. 154 (S. 169), L. 2002, at CO ¶6-5600).

Family, Medical and Parental Leaves Law
The state has enacted a law providing for leave and employment protection for victims of domestic violence (Ch. 114 (H. 1051), L. 2002, at CO ¶6-7000).

Jury Duty and Court Attendance Leave Law
Employers must now provide leave for domestic violence victims to attend and prepare for related court proceedings (Ch. 114 (H. 1051), L. 2002, at CO ¶6-7100).
ConnecticutTop of Page

Diversity Training in State Employment Law
State agencies are required to develop standardized diversity training programs concerning the federal and state statutory provisions regarding discrimination directed at protected classes. Title 4A, Chapter 57, Section 4a-2c, as enacted by P.A. 99-180 (H.B. 5986), L. 1999, effective Jan. 1, 2000.   ¶7-20,029.01.

Smoking in the Workplace Law
Effective July 1, 2003, the state will prohibit smoking in dormitories at public institutions of higher education (P.A. 02-110 (H. 5290), L. 2002, at CT ¶7-2700).

Health Insurance Benefit Coverage Law
Provisions relating to coverage of adopted children (P.A. 02-96 (H. 5644), L. 2002, at CT ¶7-4000) and ambulance services (P.A. 02-124 (H. 5566), L. 2002, at CT ¶7-4000) have been amended.

Family, Medical and Parental Leaves Law
An employer must notify an employee of an incoming emergency telephone call for the employee if the caller states that the emergency involves a member of the employee's family or, effective October 1, 2002, another person specifically designated by the employee in a legal document (P.A. 02-105 (H. 5763), L. 2002, at CT ¶7-7000).

Jury Duty and Court Attendance Leave Law
The state has enacted a law providing for leave for crime victims to attend court proceedings. The law will take effect October 1, 2002 (P.A. 02-136 (S. 456), L. 2002, at CT CT ¶7-7100).  
Additionally, an employer may not discriminate against an employee because the employee, as a relative of a victim of homicide, or, effective October 1, 2002, as a person specifically designated by the victim in a legal document to make certain decisions on behalf of the victim, attends court proceedings with respect to the criminal case (P.A. 02-105 (H. 5763), L. 2002, at CT ¶7-7100).


Preemployment Inquiries Law
The state has enacted a law extending employment protection to persons whose criminal records have been erased. The law will take effect October 1, 2002 (P.A. 02-136 (S. 456), L. 2002, at CT ¶7-9000).
DelawareTop of Page
Unemployment Insurance Law
In 2002, the new employer rates for construction industry employers range from 3.9% to 8.2% (DE ¶8-1700).
D.C.Top of Page
No June 2002 Updates
FloridaTop of Page
Criminal Background Checks Law
Provisions regarding criminal background checks of personnel providing services for children and developmentally disabled have been amended. Title XXIX, Chapter 397, Section 397.451, as amended by Ch. 196 (S.B. 682), L. 2002, effective July 1, 2002. ¶10-23,600.21.

Criminal Background Checks Law
Topic expanded. Counties and municipalities may require individuals to undergo a criminal history screening for any position of employment or appointment that the governing body finds is critical to public safety. This includes private contractors, employees of private contractors, vendors, and repair and delivery persons. Ch. 169 (S.B. 954), L. 2002, Sections 1 and 2, as enacted effective April 24, 2002. 

Disability Law
The Florida Educational Equity Act has been amended and recodified to reflect the state's new Florida K-20 Education Code, which will take effect January 7, 2003 (S. 20, L. 2002, at FL ¶10-2600).
GeorgiaTop of Page
Preemployment Inquiries Law
Background check provisions relating to personal care facilities have been amended (H. 1413, L. 2001).

Bone Marrow and Organ Donation Leave Law
Georgia state employee are entitle to a paid leave of absence to serve as a bone marrow or organ donor. Individuals who serve as bone marrow donors shall be granted up to seven days and organ donors shall be granted up to 30 days of paid leave. Title 45, Chapter 20, Article 2, Section 45-20-31, as amended and enacted by Act 498 (H.B. 1049), L. 2001, effective July 1, 2002. ¶11-22,950.01.

Unemployment Insurance Law
An individual's weekly benefit amount now will be computed by dividing the wages paid to the individual in the highest two quarters of the base period by 46 (previously 48). If an individual fails to meet the regular qualifying requirements, then the individual's weekly benefit amount will be computed by dividing the highest single quarter of the base period wages by 23 (previously 24). The minimum weekly benefit amount is increasing from $39 to $40. The maximum weekly benefit amount will increase from $284 to $295. Effective July 1, 2003, the maximum weekly benefit amount will increase to $300 (GA ¶11-1700).
HawaiiTop of Page
No June 2002 Updates
IdahoTop of Page
Disability Law
The definition of “visually impaired person” has been amended (Ch. 345 (H. 586), L. 2002, at ID ¶13-2600).
IllinoisTop of Page
No June 2002 Updates
IndianaTop of Page
Criminal Background Checks Law
Technical amendments have been made to the definitions regarding access to criminal history information. Title 5, Article 2, Chapter 5, Section 5-2-5-1, as amended by P.L. 77 (S.B. 410), L. 2002, effective July 1, 2002. ¶15-23,601.11.

Criminal Background Checks Law
Community mental retardation and other developmental disabilities centers and supervised group living facilities are not required to pay a fee when requesting criminal history information from the state police department. Title 5, Article 2, Chapter 5, Section 5-2-5-13, as amended by P.L. 109 (S.B. 246), L. 2002, effective July 1, 2002. ¶15-23,601.15
IowaTop of Page
No June 2002 Updates
KansasTop of Page
Violence in the Workplace Law
The state has expanded its stalking laws with the Protection from Stalking Act (Ch. 141 (S. 474), L. 2001, at KS ¶17-3300).

Drug Testing Law
The drug screening program for certain state officers and employees and certain applicants for state employment has been extensively revised (H. 2933, L. 2001, at KS ¶17-8600).
KentuckyTop of Page
Child Labor Law
The Kentucky Labor Cabinet's Department of Workplace Standards has amended its child labor law regulation with regard to work hour restrictions (KY ¶18-1500).
LouisianaTop of Page
No June 2002 Updates
MaineTop of Page
Child Support Enforcement Law
Employer requirements relating to national medical support notices have been added (P.L. 554 (H. 1521), L. 2001, at ME ¶20-5500).
MarylandTop of Page
Family and Medical Leave Law
The provisions pertaining to family and medical leave have been reenacted. Title 3, Subtitle 8, Sections 3-801 and 3-802, as reenacted by Ch. 376 (H.B. 540), L. 2002, effective June 1, 2002. ¶21-22,450.01  and ¶21-22,450.02.

Whistleblower Protection Law
The state has adopted the Health Care Worker Whistleblower Protection Act (H. 329, L. 2002, at MD ¶21-3600).
MassachusettsTop of Page
Recordkeeping and Posting Law
The state's minimum wage and unemployment posters have been updated (MD ¶22-9900).
MichiganTop of Page
Unemployment Insurance Law
For claims filed on and after April 26, 2002, a claimant's maximum weekly benefit amount may not exceed $362. Also, the taxable wage base for calendar years after 2002 will be $9,000  (MI ¶23-1700).

Breastfeeding Rights in Employment Law
Topic added. A mother is permitted to breastfeed her child in a public place. Even though the statute doesn't specifically mention employment, it can be construed to include places of employment. Chapter 117, Section 117.5h and Chapter 41, Section 41.181. ¶23-22,650.01 and ¶23-22,650.02.
MinnesotaTop of Page
Criminal Background Checks Law
Provisions pertaining to access of criminal history information have been amended. Chapter 13, Section 13.87, as amended by Ch. 321 (S.B. 2949), L. 2001, effective Aug. 1, 2002. ¶24-23,601.01.
MississippiTop of Page
Drug Testing Law
The state has amended its drug testing law to revise definitions and clarify statutes relating to drug and alcohol testing labs in conformity with federal law (Ch. 432 (H. 905), L. 2002, at MS ¶25-8600).

Preemployment Inquiries Law
Background check provisions for workers at certain health care facilities have been amended (Ch. 561 (S. 2191), L. 2002, at MS ¶25-9000).
MissouriTop of Page
No June 2002 Updates
MontanaTop of Page
No June 2002 Updates
NebraskaTop of Page
No June 2002 Updates
NevadaTop of Page
No June 2002 Updates
New HampshireTop of Page
Unemployment Insurance Law
Effective May 5, 2002, the maximum weekly benefit amount increased from $331 to $372. Under prior law, the increase to the maximum weekly benefit amount was to become effective on June 30, 2002. (NH ¶30-1700).

Criminal Background Checks Law
Persons applying for a one-year teaching certificate during critical staffing shortages are required to undergo a criminal history check. Title XV, Chapter 189, Section 189:38-b, as enacted by Ch. 117 (H.B. 1190), L. 2001, effective July 2, 2002. ¶30-23,600.03.

Criminal Background Checks Law
A committee has been established for the study of criminal background checks of nursing home employees. Chapter 24, Sections 24:1 through 24:6, as enacted by Ch. 24 (S.B. 413), L. 2002, effective April 2, 2002. ¶30-23,600.11 through ¶30-23,600.16.

Preemployment Inquiries Law
The provisions relating to background checks for private detective and security guard businesses have been amended (Ch. 280 (H. 1472), L. 2001, at NH ¶30-9000).
New JerseyTop of Page
Preemployment Inquiries Law
Provisions relating to assisted living facility personnel have been added (Ch. 25 (S. 674), L. 2002, at NJ ¶31-9000).
New MexicoTop of Page
No June 2002 Updates
New YorkTop of Page
Fair Employment Practices Law
The definition of “gender” under New York City's human rights law has been amended to include transgendered individuals. Such persons will now be protected from employment discrimination.  (NY ¶33-2500).
North CarolinaTop of Page
No June 2002 Updates
North DakotaTop of Page
No June 2002 Updates
OhioTop of Page
Child Labor Law
The state's child labor law has been amended with respect to age and schooling certificates. Employer recordkeeping is affected (H. 402, L. 2001, at OH ¶36-1500).
OklahomaTop of Page
Military and Emergency Services Leave Law
The state has amended its provisions relating to public officers and employees who are members of the National Guard or reserves (H. 2264, L. 2001, at OK ¶37-7200).

Preemployment Inquiries Law
Provisions relating to background checks for persons who work with the developmentally disabled have been amended (S. 732, L. 2001, at OK ¶37-9000).

Criminal Background Checks Law
Applicants for nurse licensure and dialysis technician certification are required to undergo a criminal background check. Title 47, Chapter 4723, Sections 4723.09 and 4723.28, as amended by H.B. 327, L. 2001, effective July 8, 2002. 

Smoking in the Workplace Law
Public smoking laws have been amended, effective July 1, 2002 (S. 1553 and Ch. 377 (S. 696), L. 2001, at OK ¶37-2700).
OregonTop of Page
Recordkeeping and Posting Law
The state's family medical leave and job safety posters have been updated (OK ¶38-9900). 
PennsylvaniaTop of Page
No June 2002 Updates
Puerto RicoTop of Page
No June 2002 Updates
Rhode IslandTop of Page
Whistleblower Protection Law
The Rhode Island Whistleblowers' Protection Act has been expanded to provide protection to employees who report unlawful activity to their supervisors (Ch. 50 (H. 6909), L. 2001, at RI ¶41-3600).

Genetic Testing Law
The state has extensively revised its genetic testing law, effective June 8, 2002. Provisions relating to occupational licenses have been added, and the definition of “genetic testing” has been amended. A definition for “genetic information” has also been added, along with confidentiality provisions regarding such information (Ch. 49 (H. 7149), L. 2001, at RI ¶41-8700).
South CarolinaTop of Page
Violence in the Workplace Law
The law relating to concealed weapons has been amended (H. 3010, L. 2001, at SC ¶42-3300).
South DakotaTop of Page
No June 2002 Updates
TennesseeTop of Page
Violence in the Workplace Law
Effective July 1, 2002, an employer is authorized to petition for a temporary restraining order and injunction prohibiting certain violent actions or threats of actions at the workplace or during hours of employment of an employee (Ch. 541 (H. 565), L. 2001, at TN ¶44-3300).
TexasTop of Page
No June 2002 Updates
UtahTop of Page
No June 2002 Updates
VermontTop of Page
Fair Employment Practices Law
Employers are prohibited from discriminating between employees on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the other sex for equal work. Title 21, Chapter 5, Subchapter 6, Sections 495 and 495b, as amended by S.B. 102, L. 2001, effective July 1, 2002.  ¶47-20,025.01 and ¶47-20,025.03.

Meal and Rest Periods Law
Effective March 15, 2003, a mother may breastfeed her child in any place of public accommodation in which the mother and child would otherwise have a legal right to be (Act 117 (S. 156), L. 2001, at VT ¶47-1400).

State Health Care Continuation Law
The state's COBRA provisions have been amended with respect to divorces and dependents ceasing to qualify as such (S. 223, L. 2001, at VT ¶47-4200).
VirginiaTop of Page
No June 2002 Updates
WashingtonTop of Page
Unemployment Insurance Law
Effective June 13, 2002, a claimant will not be considered to have left work without good cause when the separation was necessary to protect the claimant or the claimant's immediate family members from domestic violence or stalking (WA ¶49-1700).

Recordkeeping and Posting Law
The state's workers' rights posters have been updated (WA ¶49-9900).
West VirginiaTop of Page
Criminal Background Checks Law
The commissioner of human services is to prescribe certain licensing application procedures for child care agencies, including fingerprinting of applicants and other persons responsible for the care of children, for submission for criminal history record checks. Chapter 49, Article 2B, Section 49-2B-8, as amended by S.B. 420, L. 2002, effective June 7, 2002.  ¶50-23,600.31.

Effective June 6, 2002, the term “employment” does not include any election official appointed to serve during any municipal, county or state election. Also effective June 6, 2002, service as a member of the state national guard or air national guard is excluded from the term “employment,” except as provided under the definition of wages. The term “wages” now includes remuneration for service rendered as a member of the state national guard or air national guard only when serving on a temporary basis pursuant to a call made by the Governor (WV ¶50-1700).
WisconsinTop of Page
No June 2002 Updates
WyomingTop of Page
No June 2002 Updates

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