State Law Changes

June 29, 2006 Update

Meal and Rest Periods Law

The state has enacted a law providing that a mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present (H. 351, L. 2006, at AL ¶1-1400).

Fair Employment Practices Law

Effective immediately, sellers, retailers and vendors must provide training to any of their employees whose job duties include selling any of the following chemicals: ephedrine base, pseudoephedrine base, or phenylpropanolamine base (Ch. 53 (H. 149), L. 2005, at AK ¶2-2500).

Health Insurance Benefit Coverage Law

Effective January 1, 2008, most health insurers in Alaska will be required to provide coverage for newborn and infant hearing screening under the schedule outlined in Alaska law (Ch. 43 (H. 109), L. 2005, at AK ¶2-4000).

Violence in the Workplace Law

The state has enacted a deadly force law impacting the workplace. Generally, a person may not use deadly force under state law if the person knows that, with complete personal safety and with complete personal safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except that there is no duty to leave the area if the person is in a building where the person works in the ordinary course of the person’s employment (Ch. 68 (S. 200), L. 2005, at AK ¶2-3300).

Meal and Rest Periods Law

The state has enacted a law providing that a mother is entitled to breastfeed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present (H. 2376, L. 2006, at AZ ¶3-1400).

Preemployment Inquiries Law

The state has amended its requirements for restrictions on the employment of persons with certain criminal convictions in the bail bond business (S. 1188, L. 2006, at AZ ¶3-9000).

Minimum Wage Law

The current living wage rates for Pima County are $9.67 per hour without benefits, and $8.60 per hour with benefits (AZ ¶3-1000).

Recordkeeping/Posters Law

The Pima County living wage poster has been updated (AZ ¶3-9900).

Minimum Wage Law

As of July 1, 2006, the living wage rate for both Watsonville and Santa Cruz will be $12.43 per hour with benefits, and $13.56 per hour if benefits are not provided. Living wage rates for San Jose, West Hollywood and Hayward have also been updated (CA ¶5-1000).

Whistleblower Protection Law

Deadlines for state personnel to file employment complaints have been amended (H. 1061, L. 2006, at CO ¶6-3600).

Colorado Anti-Bias Rules: Department of Personnel-State Employment

Rules pertaining discrimination in state employment on the basis of race, creed, color, gender (including sexual harassment), sexual orientation, national origin, age, political or religious affiliation, organizational membership, veteran's status, disability, or other non-job factor were amended. 4 CCR 801, Chapter 8, Sections 8-25B, 8-59B, 8-73B and 8-74B, as amended effective June 1, 2006 and Sections 8-95, 8-96, and 8-98, as amended effective July 1, 2006. ¶6-20,075.25, ¶6-20,075.59, ¶6-20,075.73, ¶6-20,075.74, ¶6-20,076.18, ¶6-20,076.19  and ¶6-20,076.21.

Colorado Family Leave-State Employees Rules

Employees who have worked for their employers for one year are eligible for up to 520 hours of family leave in a fiscal year for the birth or adoption of a child or for the employee's own serious illness or that of a family member. 4 CCR 801, Chapter 5, Section 5-25, as amended effective July 1, 2006. ¶6-22,500.03.

Fair Employment Practices Law

The state has amended its employment accommodations for members of the General Assembly (P.A. 06-102 (H. 5011), L. 2006, at CT ¶7-2500).

Family, Medical and Parental Leaves Law

The law relating to family and medical leave for state employees has been amended, effective October 1, 2006 (P.A. 06-102 (H. 5011), L. 2006, at CT ¶7-7000).

Health Insurance Benefit Coverage Law

The state has enacted a law prohibiting group insurers from denying coverage for health care services rendered to treat any injury sustained by a person when such person has an elevated blood alcohol content (P.A. 06-39 (S. 425), L. 2006, at CT ¶7-4000).

Also, the state has amended its law relating to mammography coverage, effective October 1, 2006 (P.A. 06-38 (S. 422), L. 2006, at CT ¶7-4000).

Military and Emergency Services Leave Law

Effective October 1, 2006, any member of the Connecticut National Guard whom the Governor orders into active state service shall have all of the protections afforded to service members on federal active service by USERRA, and by the Servicemembers Civil Relief Act, with limited exceptions (P.A. No. 06-62 (S. 314), L. 2006, at CT ¶7-7200).

Child Labor Law

A minor in Connecticut who has reached the age of 14 may be employed as a caddie or in a pro shop at any municipal or private golf course. Employers must obtain a certificate stating that the minor is 14 years of age or older. Additionally, employers who violate Connecticut's child labor provisions will face stiffer penalties in 2007. Violators will face penalties of $2,000 to $5,000 and/or imprisonment of up to five years, and will also be subject to a civil penalty of $600 for each violation (P.A. 06-139 (S. 58), L. 2006, at CT ¶7-1500).

Fair Employment Practices Law

Effective October 1, 2006, any agreement entered into by any public agency with an employee or personal services contractor providing for the termination, suspension or separation from employment of such employee or the termination or suspension of the provision of personal services by such contractor, as the case may be, that contains a confidentiality provision that prohibits or restricts such public agency from disclosing the existence of the agreement or the cause or causes for such termination, suspension or separation including, but not limited to, alleged or substantiated sexual abuse, sexual harassment, sexual exploitation or sexual assault by such employee or contractor, shall be subject to public disclosure under Ch. 14 of the General Statutes (P.A. 06-132 (H. 5652), L. 2006, at CT ¶7-2500).

Military and Emergency Services Leave Law

The state has amended its law relating to accrued leave for state employees serving in the military (P.A. 06-146 (S. 459), L. 2006, at CT ¶7-7200).

Minimum Wage Law

The living wage for Hartford for the fiscal year starting July 1, 2006, and ending June 30, 2007, is $10.58 per hour if health benefits are provided, and $15.39 per hour if health benefits are not provided (CT ¶7-1000).

Connecticut Family and Medical Leave Law

Employees who have worked for their employers for one year are eligible for up to 16 weeks of unpaid leave within any two-year period for the birth or adoption of a child or for the employee's own serious illness or that of a child, spouse or parent. Title 31, Chapter 557, Section 31-51kk, as amended by P.A. 06-102 (H.B. 5011), L. 2006, effective Oct. 1, 2006. ¶7-22,450.01.

Connecticut Family and Medical Leave-State Employment Law

Permanent public employees must be provided up to 24 weeks of unpaid leave within a two-year period following the birth or adoption of a child, serious illness of an employee's child, spouse, or parent, or the employee's own serious illness. Title 5, Chapter 67, Section 5-248a, as amended by P.A. 06-102 (H.B. 5011), L. 2006, effective Oct. 1, 2006. ¶7-22,451.01.

Preemployment Inquiries Law

The state has enacted a law permitting Family Visitation Centers, operated by the Division of State Service Centers, to perform criminal history background checks on Family Visitation Center employees (H. 383, L. 2005, at DE ¶8-9000).

Recordkeeping/Posters Law

Effective January 1, 2007, employers will be required to post a state minimum wage notice (Ch. 2006-84 (S. 786), L. 2006, at FL ¶10-9900).

Violence in the Workplace Law

The state has enacted a deadly force/"stand your ground" law (S. 396, L. 2005, at GA ¶11-3300).

Disability Law

Persons who have a permanent disability or disease that interferes with the ability to perform one or more routine daily living activities, upon acquiring a wild animal permit, may use a capuchin monkey as a service animal (H. 695, L. 2005, at GA ¶11-2600).

Preemployment Inquiries Law

The state has adopted the National Crime Prevention and Privacy Compact (S. 695, L. 2005, at HI ¶12-9000).

Family, Medical, and Parental Leaves Law

The state has enacted a law providing for leave for state employees to donate an organ or bone marrow (Ch. 257 (S. 1373), L. 2006, at ID ¶13-7000).

Health Insurance Benefit Coverage Law

The state has enacted a law relating to mental health parity in state group insurance (Ch. 97 (H. 615), L. 2006, at ID ¶13-4000).

Idaho Veterans’ Preference in Public Employment Rule

Rules have been adopted for the enforcement of veterans' preference in public employment to contain procedures public employers may implement for an internal process which must be exhausted prior to a petitioner gaining access to the courts to contest a public employer’s application of the veterans’ preference in public employment. IDAPA 21, Title 01, Chapter 06, Sections 000 through 302, as adopted as temporary July 1, 2006. ¶13-21,800.01 through ¶13-21,800.20.

Idaho Criminal Background Checks Law

The Department of Health and Welfare statutory authority to require fingerprint-based criminal history and background checks on employees, contractors, providers and others who have unsupervised contact or provide direct care services to children and vulnerable adults. Title 56, Chapter 10, Section 56-1004A, as amended by Ch. 281 (S.B. 1327), L. 2006, effective July 1, 2006. ¶13-23,600.71.

Idaho Criminal Background Checks Rules

Under the state's federal grant pilot program regarding criminal background checks, individuals with direct patient access in long term care settings will be required to pass a criminal history and background check as a condition of employment. IDAPA 16, Title 05, Chapter 05, Sections 000 through 100, as adopted as a final rule effective April 11, 2006. ¶13-23,650.01 through ¶13-23,650.34.

Idaho Access to Personnel Files-Public Employment Law

A public employee or authorized representative may inspect and copy that employee's personnel records. Title 9, Chapter 3, Section 9-340C, as amended by Ch. 352 (H.B. 570), L. 2006, effective July 1, 2006. ¶13-23,700.01

Fair Employment Practices Law

The definition of "military status" under the Illinois Human Rights Act has been amended to include veteran status (H. 4822, L. 2005, at IL ¶14-2500).

The Methamphetamine Precursor Control Act has been amended to provide that training requirements of employees of a retail distributor of any targeted methamphetamine precursor apply to the distribution of convenience packages away from pharmacy counters (S. 2391, L. 2005, at IL ¶14-2500).

Smoking in the Workplace Law

The Illinois Clean Indoor Air Act has been amended to prohibit smoking in student dormitories (S. 2465, L. 2005, at IL ¶14-2700).

Illinois Human Rights Act

The definition of “military status” has been amended to include status as a veteran of the armed forces of the United States. Chapter 775, Act 5, Article 1, Section 5/1-103, as amended by H.B. 4822, L. 2005, effective May 26, 2006. ¶14-20,025.03.

Illinois Human Rights Act

A charge filed with the Equal Employment Opportunity Commission within 180 days after the date of the alleged civil rights violation shall be deemed filed with the Department on the date filed with the Equal Employment Opportunity Commission. Chapter 775, Act 5, Article 7A, Section 5/7A-102, as amended by P.A. 857 (H.B. 4829), L. 2005, effective June 15, 2006. ¶14-20,029.02. 

Child Labor Law

Indiana has amended its child labor law regarding work permits to require that employment certificates state the maximum hours that the child can be employed. The law will also allow for a child to hold more than one employment certificate. The issuing officer will be required to keep a record of each employment certificate issued and a record of the maximum hours that the child may work each week for all employers (H. 1267, L. 2006, at IN ¶15-1500).

Health Insurance Benefit Coverage Law

The state has amended its health insurance coverage laws with respect to morbid obesity (S. 266, L. 2006, at IN ¶15-4000).

Minimum Wage Law

The current living wage for the City of Bloomington is $10.00 per hour, of which up to 15 percent may be in the form of health benefits (IN ¶15-1000).

Military and Emergency Services Leave Law

The state has added employment protections for officers and employees of the state who are members of the civil air patrol. There are provisions for leave and antidiscrimination provisions (H. 2797, L. 2005, enacted June 2, 2006, at IA ¶16-7200).

Fair Employment Practices Law

The state has enacted a victims' rights law. Effective January 1, 2007, victims of domestic violence or sexual assault will receive specific statutory protection from discrimination in the workplace. Provisions for victims' leave are also specified in the law (H. 2928, L. 2005, at KS ¶17-2500).

Kansas Discrimination Against Crime Victims Law

Topic added. An employer may not discharge or in any manner discriminate against an employee who is a victim of domestic violence or a victim of sexual assault for taking time off from work to attend to matters related to the crime The law is not yet codified and reads as enacted by H.B. 2928, L. 2005, Sections 9 and 10, effective Jan. 1, 2007. ¶17-21,050.01 and ¶17-21,050.02.

Health Insurance Benefit Coverage Law

Health benefit plans that include prescription drug coverage must include an exceptions policy or an override policy that provides coverage for the refill of a covered drug dispensed prior to the expiration of the insured's supply of the drug (Ch. 213 (H. 181), L. 2006, at KY ¶18-4000).

Military and Emergency Services Leave Law

The state has amended its leave provisions for members of the National Guard and reservists (S. 133, L. 2006, at KY ¶18-7200).

Recordkeeping/Posters Law

Kentucky has revised its mine safety laws. Employer posting requirements are among the changes (S. 200, L. 2006, at KY ¶18-9900).

Unemployment Insurance Law

Taxable wage base information has been updated (LA ¶19-1700).

Access to Personnel Files Law

Provisions relating to school employee personnel files have been amended (Act 300 (H. 1184), L. 2006, at LA ¶19-8500).

Drug Testing Law

The state has amended its drug testing law with respect to laboratories and procedures for testing (Act 209 (H. 866), L. 2006, at LA ¶19-8600).

Preemployment Inquiries Law

With respect to criminal background information for persons applying for a position of supervisory or disciplinary authority over children, the law has been amended to require that the Louisiana Bureau of Criminal Identification and Information shall provide information regarding all criminal convictions for a period of 10 years prior to the request (Act 309 (H. 1373), L. 2006, at LA ¶19-9000).

Preemployment Inquiries Law

The state has enacted a law to facilitate the hiring of health care personnel during emergency circumstances (P.L. 630 (S. 783), L. 2005, at ME ¶20-9000).

Unemployment Insurance Law

Contribution rate information has been updated (ME ¶20-1700).

Disability Law

Effective August 23, 2006, in order to provide equal opportunity in all aspects of state government to qualified individuals with disabilities, each department, agency and instrumentality of the state shall review the adequacy of its own hiring, placement and advancement practices with respect to individuals with disabilities (Ch. 570 (H. 1351), L. 2005, at ME ¶20-2600).

Health Insurance Benefit Coverage Law

The termination date for mandated insurance coverage for certain home visits following a mastectomy or surgical removal of a testicle has been repealed (Ch. 259 (S. 491), L. 2006, at MD ¶21-4000).

Military and Emergency Services Leave Law

The termination date for the use of military administrative leave or paid leave for certain state employees who are on active military duty on a specified date or are activated for military duty on or after a specified date has been repealed (Ch. 227 (S. 34), L. 2006, at MD ¶21-7200).

Minimum Wage Law

Effective July 1, 2006, the living wage rate for Prince George's County will be $11.25 per hour (MD ¶21-1000).

Preemployment Inquiries Law

Effective July 1, 2006, certain nonpublic schools will be prohibited from hiring or retaining certain employees convicted of certain crimes (Ch. 235 (S. 111), L. 2006, at MD ¶21-9000).

Wage Payment Law

Effective January 1, 2007, employers, including governmental units, may not print or cause to be printed an employee's social security number on the employee's wage payment check, an attachment to an employee's wage payment check, a notice of direct deposit of an employee's wages, or a notice of credit of an employee's wage to a debit card or card account (Ch. 458 (H. 388), L. 2006, at MD ¶21-1200).

Recordkeeping/Posters Law

The state's wage and hour fact sheet and health insurance posters have been updated (MD ¶21-9900).

Minimum Wage Law

The current living wage rate for Brookline is $11.1478 per hour (MA ¶22-1000).

Minimum Wage Law

The current living wage rate for Ingham County is $12.50 per hour (MI ¶23-1000).

Minimum Wage Law

The current living wage rates for Southfield are $10.00 an hour if health care benefits are provided by the employer, and $12.50 an hour if health care benefits are not provided (MI ¶23-1000).

Family, Medical, and Parental Leaves Law

Effective August 1, 2006, specified public employers must grant paid leaves of absence to eligible employees who seek to undergo a medical procedure to donate an organ or partial organ to another person. The combined length of the leaves shall be determined by the employee, but may not exceed 40 work hours for each donation, unless agreed to by the employer. The employer may require verification by a physician of the purpose and length of each leave requested by the employee for organ donation. If there is a medical determination that the employee does not qualify as an organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited (Ch. 220 (S. 2840), L. 2005, at MN ¶24-7000).

Recordkeeping/Posters Law

The Spanish versions of the state's unemployment and job safety posters have been updated (MN ¶24-9900).

Minnesota Organ Donation Leave Law

Topic added. Certain public employees are entitled paid leaves of absence to an employee who seeks to undergo a medical procedure to donate an organ or partial organ to another person. The length of the leave may not exceed 40 work hours, unless agreed to by the employer. Chapter 181, Section 181.9456, as enacted by Ch. 220 (S.B. 2840), L. 2005), effective August 1, 2006. ¶24-22,950.02.

Wage Payment Law

The state has amended its wage payment law to allow for the provision of earnings statements to employees by electronic means (Ch. 253 (S. 3132), L. 2005, at MN ¶24-1200).

Minnesota Criminal Background Checks Law

Name and event index service data are private data on individuals, provided that if the data link private or public data on an individual to confidential data on that individual, the data are confidential data on that individual. Chapter 13, Section 13.87, as amended by Ch. 253 (S.B. 3132), L. 2005, effective Aug. 1, 2006. ¶24-23,601.01.

Child Support Enforcement Law

The state has enacted a law deleting the automatic repealer on the statute authorizing an administrative fee on withholding orders for child support enforcement (S. 2160, L. 2006, at MS ¶25-5500).

Jury Duty and Court Attendance Leave Law

The state's Jury Patriot Act has been revised, effective January 1, 2008 (S. 2488, L. 2006, at MS ¶25-7100).

Minimum Wage Law

The City of St.Louis' living wage rate has been updated (MO ¶26-1000).

Preemployment Inquiries Law

The state has amended its law relating to background checks for teachers (H. 1449, L. 2006, at MO ¶26-9000).

Montana Comparable Worth in State Employment Law

Topic added. The department of administration shall, in its continuous efforts to enhance the current classification plan and pay schedules, work toward the goal of establishing a standard of equal pay for comparable worth in state employment. Title 2, Chapter 18, Part 2, Sections 2-18-208 and 2-18-209. ¶27-23,200.01 and ¶27-23,200.02.

Recordkeeping/Posters Law

The state's discrimination poster has been updated (NE ¶28-9900).

Preemployment Inquiries Law

The state has amended its background check law with respect to agencies providing personal care services in the home (A. 337, L. 2005, at NV ¶29-9000).

Fair Employment Practices Law

Effective January 1, 2007, it will be an unlawful discriminatory practice to fail to make a reasonable accommodation for an employee with a disability if the employee is otherwise qualified to perform the essential functions of the job, provided the accommodation would not pose an undue hardship on the employer (Ch. 181 (S. 273), L. 2005, at NH ¶30-2500).

Health Insurance Benefit Coverage Law

Effective July 25, 2006, group insurers and HMOs will be required to provide coverage for the cost of testing for bone marrow donation (Ch. 187 (H. 1452), L. 2005, at NH ¶30-4000).

Unemployment Insurance Law

The state has amended its penalty provisions for employers. An amnesty period has also been established for certain unpaid contributions (Ch. 129 (H. 1478), L. 2005, at NH ¶30-1700).

A 0.5% fund balance reduction is in effect in New Hampshire for the second quarter of 2006. As a result, all employers that qualify for the rate reduction pay rates ranging from 0.01% to 2.2%. New employers pay 2.2% during this quarter (NH ¶30-1700).

New Hampshire Law Against Discrimination

It an unlawful discriminatory practice to fail to make a reasonable accommodation for an employee with a disability if the employee is otherwise qualified to perform the essential functions of the job, providing the accommodation would not pose an undue hardship on the employer. Also the terms reasonable accommodation, undue hardship, and qualified individual with a disability have been defined. Title XXXI, Chapter 354:A, Sections 354-A:2 and 354-A:7, as amended by Ch. 181, S.B. 273, L. 2005, effective Jan. 1, 2007. ¶30-20,025.02 and ¶30-20,025.07.

Recordkeeping/Posters Law

The state's child labor law abstract and schedule of hours for minors posters have been updated. Additionally, the following posters have been updated: employment discrimination; family leave; housing discrimination; Conscientious Employee Protection Act (English and Spanish versions); public accommodations discrimination; state wage and hour law abstract; and wage payment (NJ ¶31-9900).

Fair Employment Practices Law

As part of the Mining Safety Act, employers of employees who work in underground mines must train miners in the use of self-contained self-rescuer devices, wireless emergency communications devices or two-way radio systems, and wireless tracking devices (Ch. 102 (H. 687), L. 2006, at NM ¶32-2500).

Minimum Wage Law

The City of Albuquerque has enacted a living wage ordinance, effective January 1, 2007 (Council Bill No. O-06-20, at NM ¶32-1000).

Recordkeeping/Posters Law

As part of the Mining Safety Act, employers of employees who work in underground mines must post signs directing miners to caches of self-contained self-rescuer devices (Ch. 102 (H. 687), L. 2006, at NM ¶32-9900).

Whistleblower Protection Law

The state's Mining Safety Act protects from discrimination employees who file complaints under the law (Ch. 102 (H. 687), L. 2006, at NM ¶32-3600).

Minimum Wage Law

Effective July 1, 2006, the living wage rates for Suffolk County will increase (NY ¶33-1000).

Violence in the Workplace Law

The state has enacted a law requiring public employers to develop and implement programs to prevent workplace violence. The law is scheduled to take effect October 5, 2006 (S. 6441, L. 2005, at NY ¶33-3300).

Minimum Wage Law

The current living wage rate for Lakewood is $10.28 per hour if health benefits are provided, and $11.39 per hour if health benefits are not provided (OH ¶36-1000).

Holiday and Vacation Law

The state has clarified the law with respect to state government employees who work on holidays (S. 1686, L. 2005, at OK ¶37-7400).

Military and Emergency Services Leave Law

The state has extended military leave to more public officers and employees, effective October 1, 2006 (S. 1361, L. 2005, at OK ¶37-7200).

Also, effective May 23, 2006, the law was amended to extend the amount of time public officers and employees called to duty or service will receive full pay (S. 1088, L. 2005, at OK ¶37-7200).

Drug Testing Law

The Standards for Workplace Drug and Alcohol Testing Act has been amended with respect to body component samples for testing. Provisions relating to procedures and documentation have also been amended (S. 1466, L. 2005, at OK ¶37-8600).

Wage Payment Law

Effective November 1, 2006, wages may be paid to employees by electronic means (S. 1466, L. 2005, at OK ¶37-1200).

Minimum Wage Law

Effective July 1, 2006, the living wage rate for the City of Corvallis is $10.47 per hour (OR ¶38-1000).

Oregon Bureau of Labor Rules of Administrative Procedure

The bureau's established procedures for providing notice of intended amendments, adoptions or repeal of administrative rules include notice to the legislature as required by the Oregon Administrative Procedures Act. Chapter 839, Division 2, Sections 839-002-0002 and 839-002-0005, as amended by BLI 7-2006, effective March 20, 2006. ¶38-20,125.02  and ¶38-20,125.05. 

Oregon Bureau of Labor Rules of Administrative Procedure

An injured worker's right to reinstatement terminates if the worker refuses a bona fide offer from the employer of light duty or modified employment that is suitable prior to becoming medically stationary. Chapter 839, Division 6, Section 839-006-0131, as amended by BLI 11-2006, effective March 17, 2005 to expire Sept. 8, 2006. ¶38-20,129.131.

Oregon Bureau of Labor Rules of Administrative Procedure

An injured worker's right to reemployment terminates if the worker refuses a bona fide offer from the employer of light duty or modified employment that is suitable prior to becoming medically stationary. Chapter 839, Division 6, Section 839-006-0136, as amended by BLI 10-2006, effective March 20, 2006. ¶38-20,129.136.

Oregon Bureau of Labor Rules of Administrative Procedure

Additional examples of "major life activities" and "physical and mental impairments" were added to disability discrimination rules to conform them with applicable federal case law and to make the disability rules internally consistent. Chapter 839, Division 6, Sections 839-006-0145, and 839-006-0205, as amended by BLI 9-2006, effective March 20, 2006. ¶38-20,129.145  and ¶38-20,129.205. 

Oregon Family Medical Leave Rules

When OFLA leave is designated for a serious health condition of an employee's family member, employers are entitled to require medical verification of the family member's serious health condition. Chapter 839, Division 9, Sections 839-009-0260 and 839-009-0320, as amended by BLI 12-2006, effective March 24, 2006. ¶38-22,500.06 and ¶38-22,500.12.

Oregon Criminal Background Checks Rules

The rules pertaining to criminal background checks of nonlicensed personnel at public and private schools have been amended. Chapter 581, Division 22, Sections 581-022-1730 and 581-022-1732, as amended by ODE 9-2006, effective Feb. 21, 2006. ¶38-23,650.01 and ¶38-23,650.02.

Minimum Wage Law

Living wage rate information for Philadelphia has been added (PA ¶39-1000).

Meal and Rest Periods Law

The state has enacted a law allowing a mother to breastfeed her child in any location where the mother and child are authorized to be (H. 4347, L. 2005, at SC ¶42-1400).

Family, Medical, and Parental Leaves Law

Effective July 1, 2006, state employees with children enrolled in schools may, subject to department approval or the approval of the employees' immediate supervisor, take off up to one day a month from work to voluntarily participate in the educational and teaching process. Upon request of a state employee, a school shall provide documentation verifying such employee's participation in the educational and teaching process (Ch. 850 (S. 3246), L. 2005, at TN ¶44-7000).

Preemployment Inquiries Law

The state has amended its law relative to criminal history violation information of persons having access to children in the course of their employment (Ch. 808 (H. 3086), L. 2005, at TN ¶44-9000).

Tennessee Parental Leave-State Employees Law

State employees with children enrolled in schools may, subject to department approval or the approval of the employees' immediate supervisor, take off up to one day a month from work to voluntarily participate in the educational and teaching process. Upon request of a state employee, a school shall provide documentation verifying such employee's participation in the educational and teaching process. Title 49, Chapter 6, Part 70, Section 49-6-7001, as amended by Ch. 850 (S. 3246), L. 2005, effective July 1, 2006. ¶44-22,550.01.

COBRA Law

The state's mini-COBRA law has been amended (Ch. 188 (H. 156), L. 2006, at UT ¶46-4200).

Health Insurance Benefit Coverage Law

The state has enacted a law requiring insurers to cover the off-label use of prescription drugs for cancer (Act 139 (S. 22), L. 2005, at VT ¶47-4000).

Preemployment Inquiries Law

The state has amended its provisions relating to the employment of sex offenders in family day homes (Ch. 796 (H. 1589), L. 2006, and Ch. 804 (S. 420), L. 2006, at VA ¶48-9000). Also, background check provisions for public school employees have been amended (Ch. 790 (H. 1109), L. 2006, at VA ¶48-9000), and the law relating to criminal record checks for employees of nursing homes, home care organizations, assisted living facilities, and hospices have been amended (Ch. 701 (H. 1398), L. 2006, and Ch. 764 (S. 620), L. 2006, at VA ¶48-9000).

Minimum Wage Law

Effective July 1, 2006, the living wage for Alexandria will be $12.66 per hour in specified service contracts initiated or renewed during the period of July 1, 2006, to June 30, 2007 (VA  ¶48-1000).

Preemployment Inquiries Law

The state has added record check requirements for workers in metropolitan park districts (H. 2991, L. 2005, at WA ¶49-9000) and emergency vehicle drivers (Ch. 27 (H. 1305), L. 2005, at WA ¶49-9000).

Wage Payment Law

The state has added provisions concerning violations of wage payment requirements and the ability of the Department of Labor and Industries to assess civil penalties (H. 3185, L. 2005, at WA ¶49-1200).

Washington White Cane Law

Topic added. The blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled shall be employed in the state service on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved. Title 70, Chapter 70.84, Sections 70.84.010, 70.84.070 and 70.84.080. Paras 50-20,750.01 ¶50-20,750.01 through ¶50-20,750.03.

Washington Family Leave Rules

The definition of "parent" was amended to explicitly include adoptive parents as a covered family member for an employee's use of sick leave. Also, the definition of sick leave was amended in order to be consistent with the statute. Title 296, Chapter 296-130, 296-130-020, as amended effective June 1, 2006. ¶50-22,500.02.

Wage Payment Law

Effective June 8, 2006, if an employer fails to pay an employee wages as required by law, the employer shall, in addition to the amount which was unpaid when due, be liable to the employee for three times that unpaid amount as liquidated damages (H. 4454, L. 2006, at WV ¶50-1200).

West Virginia White Cane Law

Topic added. Persons who are blind or visually impaired and persons with disabilities shall be employed in the state service on the same terms and conditions as any other person, unless it is shown that the blindness or disability prevents the performance of the work involved. Chapter 5, Article 15, Sections 5-15-2, 5-15-3, 5-15-7 and 5-15-8. ¶51-20,750.01 through ¶51-20,750.04.

West Virginia Criminal Background Checks Law 

Persons who are appointed to serve in an organization for homeland security or emergency services shall undergo a background check. Chapter 15, Article 5, Section 15-5-15, as amended by Ch. 189 (H.B. 4632), L. 2006, effective June 9, 2006. ¶51-23,600.41

West Virginia Criminal Background Checks Law 

The Legislature of West Virginia approves and ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. Section 14616, as it existed on the first day of January, two thousand six. Chapter 15, Article 2, Section 15-2-24a, as enacted by Ch. 166 (H.B. 4386), l. 2006, effective June 8, 2006. ¶51-23,601.02.

Disability Law

The state's service animal provisions have been extensively revised and expanded (Act 354 (S. 157), L. 2005, at WI ¶51-2600).

Military and Emergency Services Leave Law

The state has amended its provisions relating to differential pay for activated state employees (Act 469 (S. 696), L. 2005, at WI ¶51-7200).

Preemployment Inquiries Law

Certain state government positions that involve fiduciary responsibility will require a criminal history background check prior to an offer of employment (Act 350 (A. 383), L. 2005, at WI ¶51-9000).

Unemployment Insurance Law

SUTA dumping provisions have been added (WI ¶51-1700).

Recordkeeping/Posters Law

The English version of the state's minimum wage poster has been updated (WI ¶51-9900).