State Law Changes

June 30, 2007 Update

Criminal Background Checks Law

The public safety fingerprinting division is responsible for conducting fingerprint background checks for persons and applicants who are seeking employment with the department of emergency and military affairs or the board of examiners of nursing care institution administrators and assisted living facility managers Title 41, Chapter 12, Sections 41-1758 and 41-1758.01, as amended by Ch. 196 (S.B. 1316), L. 2007, effective 91 days after the adjournment of the legislature. ¶3-23,601.03 and ¶3-23,601.04.

The crimes that preclude a person who is subject to registration as a sex offender in Arizona or any other jurisdiction from receiving a fingerprint clearance card were amended. Title 41, Chapter 12, Section 41-1758.03, as amended by Ch. 95 (S.B. 1045), L. 2007, effective 91 days after the adjournment of the legislature. ¶3-23,601.06.

Provisions pertaining the maintenance and access of criminal background and fingerprint information were amended. Title 41, Chapter 12, Sections 41-1750, as amended by Ch. 163 (S.B. 1331), L. 2007, effective 91 days after the adjournment of the legislature. ¶3-23,601.01.

If, after conducting a state and federal criminal history record check on a person who requests a fingerprint clearance card, the division determines that it is not authorized to issue a fingerprint clearance card to the person, the division shall not notify the agency. The division shall notify the person who requested the card that the division is not authorized to issue a fingerprint clearance card. Title 41, Chapter 12, Sections 14-1758, 14-1758.01 and 14-1758.03, as amended by H.B. 2021, L. 2007, effective 91 days after the adjournment of the legislature. ¶3-23,601.03, ¶3-23,601.04 and ¶3-23,601.06.

Criminal Background Checks Law

Provisions pertaining to the background check procedures for certified and noncertified school board personnel were revised. Title 6, Subtitle 2, Chapter 17, Sections 6-17-410, 6-17-414 and 6-17-416, as amended by Act 1573 (S.B. 274), L. 2007, effective July 31, 2007. ¶4-23,600.01, ¶4-23,600.04, and ¶4-23,600.06.

Antidiscrimination Act

Public and private employers are prohibited from discriminating against an individual on the basis of sexual orientation. "Sexual orientation" is defined as a person's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or an employer's perception thereof. However, employers are permitted to require compliance with a reasonable dress code as long as the dress code is applied consistently. Title 24, Article 34, Part 4, Sections 24-34-401 and 24-34-402, as amended by S.B. 25, L. 2007, effective Aug. 8, 2007. ¶6-20,026.01 and ¶6-20,026.02.

Fair Employment Practices Law

The state has enacted a law concerning the award of financial recompense for legal expenses to a prevailing party in a civil action to remedy unfair employment practices regarding legal activities of the employee conducted off the premises of the employer. Special provisions are made for certain small employers (S. 117, L. 2007, at CO ¶6-2500).

Preemployment Inquiries Law

The state has added criminal history record check requirements for passenger transport drivers and taxicab drivers (H. 1065, L. 2007, at CO ¶6-9000).

Smoking in the Workplace Law

The exemption for casinos from the requirements of the Colorado Clean Indoor Air Act will be repealed, effective at 8:00 a.m. on January 1, 2008 (H. 1269, L. 2007, at CO ¶6-2700).

Wage Payment Law

The state has enacted a law strengthening incentives to timely pay wages due, and, in connection therewith, clarifying the award of attorney fees and increasing the penalty for failure to pay wages (H. 1247, L. 2007, at CO ¶6-1200).

Human Rights and Opportunities Act

It shall be a discriminatory practice for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of Connecticut or of the United States, on account of religion, national origin, alienage, color, race, sex, blindness, physical disability, and, sexual orientation. Title 46a, Chapter 814c, Part II, Section 46a-58, as amended by P.A. 07-62 (S.B 1109), L. 2007, effective Oct. 1, 2007. ¶7-20,025.08.

Preemployment Inquiries Law

Effective October 1, 2007, the Commissioner of Public Health shall require each applicant for employment in, and each employee applying for transfer to, the vital records unit of the Department of Public Health to (1) state whether such applicant or employee has ever been convicted of a crime or whether criminal charges are pending against such applicant or employee at the time of application for employment or transfer, and (2) submit to state and national criminal history records checks (P.A. 07-79 (S. 1190), L. 2007, at CT ¶7-9000).

Drug Testing Law

The state has enacted a law requiring that any Department of Education employee working in the prison education program and assigned to a Level 5 or Level 4 facility undergo the same random drug testing procedures as the Department of Correction employees (H. 27, L. 2007, at DE ¶8-8600).

Unemployment Insurance Law

Rate information has been updated (DE ¶8-1700).

Recordkeeping/Posters Law

The district has updated the following workplace posters: government employees notice of nondiscrimination (English), fair housing (English and Spanish), public accommodations (English). The following posters have been added: (government employees notice of nondiscrimination (Spanish), public accommodations (Spanish) (DC ¶9-9900).

Child Support Enforcement Law

The state has revised requirements for certain employers to remit support payments electronically, effective July 1, 2007 (Ch. 2007-85 (H. 7107), L. 2007, at FL ¶10-5500).

Discrimination Against Crime Victims Law—Topic added.

Private and public employers with 50 or more employees are required to permit an employee to take up to three days off from work in any 12-month period if the employee or a family or household member of the employee is the victim of domestic violence. In addition, employers are prohibited from discriminating against an employee for exercising his or her rights under this law. Title 43, Chapter 741, Sec. 741.313, as enacted by Ch. 107 (H.B. 55), L. 2007, effective July 1, 2007. ¶10-21,050.01.

Family, Medical and Parental Leaves Law/Jury Duty and Court Attendance Leave Law

The state has enacted a law to protect victims of domestic violence. This law, effective July 1, 2007, will require both private and public employers with 50 or more employees to permit an employee to take up to three days off from work in any 12-month period if the employee or a family or household member of the employee is the victim of domestic violence.

Employees may take time off from work in order to seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence; to obtain medical care or mental health counseling or both; to obtain services from a victim-services organization; to make the employee’s home secure or to seek new housing; or to seek assistance in addressing issues arising from the act of domestic violence or to attend and prepare for court-related proceedings.

To qualify for domestic violence leave, an employee must be employed with the employer for three or more months. Leave may be with or without pay, at the discretion of the employer, and employees can be required to exhaust all other available leave. Employees must give their employer advance notice of the need for such leave, except in cases of imminent danger to health or safety of the employee or the employee’s family or household member (Ch. 2007-107 (H. 55), L. 2007, at FL ¶10-7000 and FL ¶10-7100).

Veterans’ Preference in Public Employment Law

Preference in employment, reemployment, promotion, and retention shall be given to an eligible veteran, as long as the veteran meets the minimum eligibility requirements and has the knowledge, skills, and abilities required for the particular position. Title X, Chapter 110, Section 110.2135, as amended and Title XX, Chapter 295, Section 295.101, as repealed by, Ch. 51 (H.B. 699), L. 2007, effective July 1, 2007. ¶10-21,750.001 and ¶10-21,750.06.

Criminal Background Checks Law

The Georgia crime information center shall periodically publish statistics, no less frequently than annually, that do not identify persons and report such information to the Governor, the General Assembly, state and local criminal justice agencies, and the general public. Such information shall accurately reflect the level and nature of crime in the state and the operations in general of the different types of agencies within the criminal justice system. Title 35, Chapter 3, Sections 35-3-33 and 35-3-35, as amended by Act 16 (S.B. 62), L. 2007, effective May 11, 2007. ¶11-23,602.02 and ¶11-23,602.04.

Family, Medical and Parental Leaves Law / Military and Emergency Services Leave Law

Indiana's Military Family Leave law requires specified employers to provide unpaid leaves of absence for the spouse, parent, grandparent, or sibling of a person ordered to active duty during one or more of the following periods: during the 30 days before active duty orders are in effect; during a period in which the person ordered to active duty is on leave while active duty orders are in effect; during the 30 days after the active duty orders are terminated. The leave of absence allowed for such purposes each year may not exceed a total of 10 working days (P.L. 151 (H. 1092), L. 2007, at IN ¶15-7000 and at IN ¶15-7200).

Family Military Leave Law—Topic added.

Employers with 50 more employees for each working day during at least 20 calendar weeks, are required to provide for unpaid leaves of absence for the spouse, parent, grandparent, or sibling of a person ordered to active duty, for up to 10 days, during one or more of the following periods: During the 30-day period prior to deployment; within the 30-day period following termination of active duty orders; during the period when the person ordered to active duty is on leave. Eligible employees may elect or employers may require the employee to use instead up to 10 days of any available earned vacation leave, personal leave, or other paid leave except for paid medical or sick leave. Employers may require employees to provide verification of eligibility for leave. Title 22, Article 2, Chapter 13, Sections 22-2-13-1 through 22-2-13-16, as enacted by H.B. 1092, L. 2007, effective July 1, 2007. ¶15-22,451.01 through ¶15-22,451.16.

Civil Rights Act

Public and private employers are prohibited from discriminating against an individual on the basis of sexual orientation or gender identity. "Sexual orientation" means actual or perceived heterosexuality, homosexuality, or bisexuality and "gender identity" means a gender-related identity of a person, regardless of the person's assigned sex at birth. The law also prohibits such discrimination in public accommodations, housing, real estate transactions, and education. Title VI, Subtitle 1, Chapter 216, Sections 216.2, 216.5, 216.6, 216.9 and 216.21, as amended and enacted by S.B. 427, L. 2007, effective July 1, 2007. ¶16-20,025.02, ¶16-20,025.05, ¶16-20,025.06, ¶16-20,025.09 and ¶16-20,025.21.

Health Insurance Benefits Coverage Law

The state attorney general has issued an opinion that Kentucky universities may not "recognize" domestic partnerships by providing health benefits to the domestic partners of their employees (OAG 07-004, Office of the Attorney General of the Commonwealth of Kentucky, June 1, 2007, at KY ¶18-4000).

Disability Law

It is unlawful for any owner, lessee, sublessee or managing agent to refuse to make reasonable accommodations in rules, policies, practices or services when those accommodations are necessary to give a person with a physical or mental disability equal opportunity to use and enjoy housing (P.L. 243 (S. 222), L. 2007, effective September 20, 2007, at ME ¶20-2600).

Family, Medical and Parental Leaves Law

Effective September 20, 2007, an employee in Maine will be able to request family medical leave for his or her domestic partner (S. 119, L. 2007, at ME ¶20-7000).

Human Rights Act

Evidence of conduct or statements made in compromise settlement negotiations, offers of settlement and any final agreement are confidential and may not be disclosed without the written consent of the parties to the proceeding nor used as evidence in any subsequent proceeding, civil or criminal, except in a civil action alleging a breach of agreement filed by the commission or a party. Title 5, Part 12, Chapter 337, Subchapter VI, Section 4612, as amended by P.L. 243 (S.B. 222), L. 2007, effective 91 days after the adjournment of the legislature. ¶20-20,028.02 and ¶20-20,028.03.

Family Medical Leave Law

An employee in Maine will be able to request family medical leave for his or her domestic partner. Domestic partner is defined as the partner of an employee who is: (1) is a mentally competent adult as is the employee; (2) has been legally domiciled with the employee for at least 12 months; (3) is not legally married to or legally separated from another individual; (4) is the sole partner of the employee and expects to remain so; (5) is not a sibling of the employee; and 6) is jointly responsible with the employee for each other's common welfare as evidenced by joint living arrangements, joint financial arrangements or joint ownership of real or personal property. Title 26, Chapter 7, Subchapter VI-A, Section 843, as amended by S.B. 119), L. 2007, effective 91 days after the adjournment of the legislature. ¶20-22,450.01.

Smoking in the Workplace Law

The state has restricted the smoking exemption for tobacco specialty stores (P.L. 180 (S. 269), L. 2007, at ME ¶20-2700).

Access to Personnel Files Rules-State Employers—Topic added.

A custodian of a personnel file will have 10 days to respond to a request for a personnel record Title 07, Subtitle 01, Chapter 02, Sections .01 through .11, as amended effective June 4, 2007. ¶21-23,750.01 through ¶21-23,750.11.

Criminal Background Checks Law

A person who volunteers for a program that is registered with the Maryland Mentoring Partnership is not required to pay for costs or fees of a criminal background check. Title 5, Subtitle 5, Part VI, Section 5-561, as amended by Ch. 8 (S.B. 7), L. 2007 and Ch. 521 (S.B. 152), effective Oct. 1, 2007. ¶21-23,600.12.

The law pertaining to the employment of personnel at adult dependent care programs was amended. Title 19, Subtitle 19, Section 19-1901, as amended by Ch. 8 (A.B. 7), L. 2007, effective Oct. 1, 2007. ¶21-23,600.21.

Fair Employment Practices Law

Governor Martin O'Malley has signed an executive order relating to the Code of Fair
Employment Practices (Executive Order 01.01.2007.09, at MD ¶21-2500).

Minimum Wage Law

Effective July 1, 2007, the Montgomery County living wage increased to $11.95 per hour (MD ¶21-1000).

Workers' Compensation Law

In Maryland, a student who is placed in an unpaid work-based learning experience by a private school must be covered by workers' compensation insurance. Under prior law, students from public schools who were placed by a county board of education had medical benefits under the workers' compensation coverage. As a result of this legislation, similar required coverage is extended to private school students (H. 271, L. 2007, at MD ¶21-4300).

Additionally, Maryland has raised the income threshold for determining whether a domestic worker must be covered by workers' compensation insurance. The income was raised to $1,000 from $750 (H. 277, L. 2007, at MD ¶21-4300).

Health Insurance Benefit Coverage Law

On April 12, 2006, Governor Mitt Romney signed a landmark health care law (Health Care Access and Affordability Act) requiring Massachusetts residents to purchase "affordable" health care or face state tax penalties. Many of the law's provisions became operative July 1, 2007. The law divides the cost of providing coverage between business, individuals and the state (Ch. 58 (H. 4479), L. 2005). The state, through the "Commonwealth Connector," has put together an employer handbook to highlight key issues for employers (MA ¶22-4000).

Access to Personnel Records Law

An employer as defined under the state's general access to personnel files law shall provide written notice to a job applicant upon hire of the rights and remedies provided in the state's general access to personnel files law. Chapter 181, Section 181.9631, as enacted by Ch. 119 (S.B 221), L. 2007, effective Jan. 1, 2008. ¶24-23,700.031.

Unemployment Insurance Law

Rate information has been updated (MS ¶25-1700).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (MO ¶26-9900).

Access to Personnel Records-Public Employment Law

Job application materials submitted by applicants, other than finalists, who have applied for employment by any public body may be withheld from the public. Under the law, finalist means any applicant: (i) who reaches the final pool of applicants, numbering four or more, from which the successful applicant is to be selected; (ii) who is an original applicant when the final pool of applicants numbers less than four; or (iii) who is an original applicant and there are four or fewer original applicants. Chapter 84, Article 7, Section 84-712.05, as amended by L. 389, L. 2007, effective April 2, 2007. ¶28-23,700.01.

Age Discrimination Law

The state has changed the name of its age discrimination law (from “Act Prohibiting
Unjust Discrimination in Employment Because of Age” to “Age Discrimination in Employment Act.” The law was also extensively revised (L.B. 265, L. 2007, at NE ¶28-2800).

Age Discrimination in Employment Act

The definition of "employer" under the state's Age Discrimination in Employment Act, was amended to include 20 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. Previously, "employer" was defined as a person employing 25 or more employees. Chapter 48, Article 10, Sections 48-1001 through 48-1010, as amended by L. 265, L. 2007, effective May 31, 2007. ¶28-20,650.01 through ¶28-20,650.10.

Minimum Wage Law

The minimum wage rate in Nebraska is scheduled to increase from $5.15 per hour to $5.85 per hour on July 24, 2007. The state minimum wage rate will increase again to $6.55 per hour on July 24, 2008, and to $7.25 per hour on July 24, 2009. This three-step increase mirrors scheduled changes in the federal hourly minimum wage rate.

For employees under the age of 20, employers may pay a training wage of at least 75 percent of the federal minimum hourly wage for 90 days from the date the employee is hired. Previously, this rate was $4.25 per hour. The training rate does not apply to seasonal or migrant workers (L.B. 265, L. 2007, at NE ¶28-1000).

Unemployment Insurance Law

The Employment Security Law has been amended with respect to employer recordkeeping and employer penalties (L.B. 265, L. 2007, at NE ¶28-1700).

Criminal Background Checks Law

Records of criminal history must be disseminated by an agency of criminal justice, upon request to the Aging Services Division of the Department of Health and Human Services or its designated representative. Title 14, Chapter 179A, Section 179A.100, as amended by Ch. 101 (S.B. 31), L. 2007, effective May 22, 2007; Ch. 160 (S.B. 389), L. 2007, effective May 30, 2007 and Ch. 305 (A.B. 576), L. 2007, effective June 2, 2007. ¶29-23,601.01, ¶29-23,601.02 and ¶29-23,601.04.

Minimum Wage Law

The state has enacted a law clarifying that certain relationships do not constitute "employment" and are therefore not subject to the state's minimum wage provisions. The relationships are: (1) the relationship between a rehabilitation facility or workshop and a handicapped individual participating in a training or rehabilitative program; and (2) the relationship between a community-based training center that has been issued a certificate of qualification and an enrollee participating in a training or rehabilitative program of the center. These relationships constitute training or rehabilitation of persons with certain disabilities, not employment (Ch. 159 (S. 384), L. 2007, at NV ¶29-1000).

Preemployment Inquiries

The issuance of a temporary work card for employment at certain kinds of dwelling units has been made discretionary rather than mandatory. Also, the state has added a prohibition for the issuance of work cards for such employment to persons who have been convicted of certain crimes (Ch. 315 (A. 352), L. 2007, at NV ¶29-9000).

Child Labor Law

The state's youth employment law has been amended with respect to 16- and 17-year-olds. Also, employer penalties have been increased. These changes will take place January 1, 2008 (Ch. 68 (H. 99), L. 2007, at NH ¶30-1500).

Health Insurance Benefit Coverage Law

Effective August 10, 2007, insurers will be required to allow covered persons to purchase an up-to-90-day supply of covered prescription drugs on the covered person's health plan formulary under certain circumstances (Ch. 73 (H. 158), L. 2007, at NH ¶30-4000).

Sexual Orientation Discrimination Law

The state has enacted a law that allows same gender couples to enter into civil unions and have the same rights, responsibilities, and obligations as married couples. The law will take effect January 1, 2008 (Ch. 58 (H. 437), L. 2007, at NH ¶30-3100).

Criminal Background Checks Law

A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 may require criminal history record checks for individuals who, on an unpaid voluntary basis, provide services that involve regular contact with pupils. Title 18A, Subtitle 3, Chapter 6, Sections 18A:6-7.1 and 18A:6-7.2, as amended by Ch. 82 (A.B. 82), L. 2007, effective May 4, 2007. 31-23,600.06 and 31-23,600.09.

Child Labor Law

The New Mexico Child Labor Act has been amended with respect to children working in the performing arts (Ch. 257 (S. 175), L. 2007, at NM ¶32-1500).

Preemployment Inquiries Law

Public school employee background check provisions have been amended (Ch. 263 (S. 210), L. 2007, at NM ¶32-9000).

Minimum Wage Law

The current living wage in Durham County is $10.67 per hour (NC ¶34-1000).

Breastfeeding Rights in Employment Law

Employers with 25 or more employees are required to provide unpaid rest periods for breastfeeding women to express milk throughout the day. In addition, employers are required to take reasonable measures to provide a private location where women can express milk in a quiet setting. Title 51, Chapter 653, Sections 653.077 and 653.256, as amended by H.B. 2372, L. 2007, effective Jan. 1, 2008. ¶38-22,650.02.

Criminal Background Checks Law

For the purposes of requesting a state or nationwide criminal records check, the Department of Education may require the fingerprints of A school district or private school contractor, whether part-time or full-time, or an employee thereof, who has direct, unsupervised contact with students as determined by the district or private school. Title 30, Chapter 326, Section 326.603, as amended by Ch. 35 (H.B. 2047), L. 2007, effective Jan. 1, 2008. ¶20-23,600.01.

For the purposes of requesting a state or nationwide criminal records check, the Teacher Standards and Practices Commission may charge a person who is registering with the commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the person has not submitted to a criminal records check by the commission within the previous year for student teaching, practicum or internship as a teacher, administrator or personnel specialist, a fee not to exceed the full cost of acquiring and furnishing the information. Title 30, Chapter 342, Sections 342.223 and 342.232, as amended by Ch. 35 (H.B. 2047), L. 2007, effective Jan. 1, 2008. ¶20-23,600.13 and ¶20-23,600.15.

Discrimination Against Domestic Violence Victims—Topic added.

Employers with six or more employees are prohibited from discriminating against an employee because the employee takes leave to address domestic violence, sexual assault or stalking. Also, employers are to allow an employee take reasonable leave from employment to address these issues, including relocating or securing an existing home to ensure the health and safety of the employee or the employee's minor child or dependent The law is to be added to Chapter 659A, as enacted by S.B. 946, L. 2007, effective May 25, 2007. ¶38-21,050.11 through ¶38-21,050.16.

Fair Employment Practices Law

The Oregon Fair Employment Practices Act has been amended with respect to civil actions (Ch. 180 (S. 946), L. 2007; H. 2260, L. 2007; and H. 2255, L. 2007, at OR ¶38-2500).

Fair Employment Practices Act

Any individual claiming to be discriminated against under the state’s newly enacted domestic violence victim's provisions may file a civil action in circuit court. The court may order injunctive relief and such other equitable relief as may be appropriate, including but not limited to reinstatement or the hiring of employees with or without back pay. Title 51, Chapter 659A, Section 659A.885, as amended by S.B. 946, L. 2007, effective May 25, 2007. ¶38-20,025.885.

The commissioner of the Bureau of Labor and Industries may conduct investigations, issue subpoenas and subpoenas duces tecum, administer oaths, obtain evidence and take testimony in all matters relating to the duties required to prevent unlawful practices. Also, in any action regarding discrimination based on wage claims, the court may award compensatory damages or $200, whichever is greater. Title 51, Chapter 659A, Sections 659A.800 and 659A.885, as amended by H.B. 2253, L. 2007; H.B. 2255, L. 2007; and H.B. 2260, L. 2007, effective Jan. 1, 2008. ¶38-20,025.800 and ¶38-20,025.885.

Family, Medical and Parental Leaves Law

The state has enacted a law relating to leave from work for victims of certain crimes. The leave may be used for seeking legal or law enforcement assistance, seeking medical treatment or recovering from injuries, obtaining counseling, obtaining services from a victim services provider, or relocating or securing an existing home (Ch. 180 (S. 946), L. 2007, at OR ¶38-7000).

Jury Duty and Court Attendance Leave Law

The state has enacted a law providing that a covered employer shall allow an eligible employee to take reasonable leave from employment to seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee's minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, sexual assault or stalking (Ch. 180 (S. 946), L. 2007, at OR ¶38-7100).

Meal and Rest Periods Law

Effective from January 1, 2008, until January 2, 2012, tipped restaurant workers in Oregon will have the option to waive their meal period. Employers may not force an employee to waive the meal period, however. Employers who do so may face a civil penalty of up to $2,000 (S. 403, L. 2007, at OR ¶38-1400).

The state has also amended and expanded its workplace breastfeeding law (H. 2372, L. 2007, at OR ¶38-1400).

Minimum Wage Law

The state has enacted a law making discrimination against an employee for taking wage-related actions an unlawful employment practice. Aggrieved persons may file a civil action or complaint with the Commissioner of the Bureau of Labor and Industries (H. 2255, L. 2007, at OR ¶38-1000).

Effective July 1, 2007, the living wage rate for the city of Corvallis increased from $10.47 per hour to $10.72 per hour (OR ¶38-1000).

Overtime Pay Law

The state has enacted a law making discrimination against an employee for taking wage-related actions an unlawful employment practice. Aggrieved persons may file a civil action or complaint with the Commissioner of the Bureau of Labor and Industries (H. 2255, L. 2007, at OR ¶38-1100).

Wage Payment Law

Effective January 1, 2008, and subject to specified conditions, employers and employees may agree that the employer will pay wages through a direct deposit system, automated teller machine card, payroll card or other means of electronic transfer (H. 2256, L. 2007, at OR ¶38-1200).

Employment of Aliens Law

Any person, including any contractor, in this state who is presented with an individual taxpayer identification number by a potential employee or subcontractor as a form of identification or to prove immigration status shall reject such number and shall request the lawful resident verification information that the person is required to obtain pursuant to federal law. Title 50, Chapter 1, a section to be appropriately designated, as enacted by Ch. 220 (S.B. 903), L. 2007, effective May 24, 2007. ¶44-24,050.02.

Recordkeeping/Posters Law

Effective May 24, 2007, any person, including any contractor, in Tennessee who is presented with an individual taxpayer identification number by a potential employee or subcontractor as a form of identification or to prove immigration status shall reject such number and shall request the lawful resident verification information that the person is required to obtain pursuant to federal law (Public Ch. 220 (S. 903), L. 2007, at TN ¶44-9900).

Child Labor Law

Youth ages 16 and older engaged in the direct sale of newspapers to the general public are now exempt from employment restrictions under the Texas child labor law (H. 581, L. 2007, at TX ¶45-1500).

Veterans’ Preference in Public Employment Law

An individual entitled to a veteran's employment preference who is aggrieved by a decision of a public entity or public work of this state relating to hiring the individual, or relating to retaining the individual if the entity or work reduces its workforce, may appeal the decision by filing a written complaint with the governing body of the public entity or public work. Title 6, Subtitle B, Chapter 657, Sections 657.008 and 657.010, as amended and enacted by H.B. 1275, L. 2007, effective Sept. 1, 2007. ¶45-21,750.08 and ¶45-21,750.10.

Whistleblower Protection Law

Effective September 1, 2007, a school district grievance policy must permit a school district employee to report a grievance against a supervisor that alleges the supervisor's violation of the law in the workplace or the supervisor's unlawful harassment of the employee to a supervisor other than the supervisor against whom the employee intends to report the grievance (H. 1622, L. 2007, at TX ¶45-3600).

Criminal Background Checks Law

Personnel at agencies providing services for children and vulnerable adults are required to submit a set of fingerprints and undergo a criminal background check. Title 62A, Chapter 2, Section 62A-2-120, as amended by H.B. 245, L. 2007, effective April 30, 2007. ¶46-23,600.41.

Any real estate broker license issued shall be conditional, pending completion of the criminal background check. If the criminal background check discloses the applicant has failed to accurately disclose a criminal history, the license shall be immediately and automatically revoked. Title 61, Chapter 2, Section 61-2-9, as amended by S.B. 199, L. 2007, effective April 30, 2007. ¶46-23,600.61.

Criminal Background Checks Law

The owner or operator of a facility or program licensed, registered, or otherwise regulated by the department may ask the commissioner for the criminal record and the record child abuse and neglect registry record of the following individuals: (1) a current employee; (2) a person to whom the owner or operator has given a conditional offer of employment; or (3) any other person to the extent the commissioner has determined by rule that such information is necessary to regulate a facility or program. Title 33, Chapter 3, Section 309, as amended by Act 65 (H.B. 537), L. 2007 and Act 77 (H.B. 148), L. 2007, effective June 7, 2007. ¶47-23,600.21.

The commissioner of banking, insurance, securities, and health care administration shall obtain from the Vermont criminal information center the record of Vermont convictions and pending criminal charges for any banking division examiner applicant after the applicant has received an offer of employment conditioned on the record check. If no disqualifying record is identified at the state level, the commissioner of banking, insurance, securities, and health care administration, through the Vermont criminal information center, shall request from the Federal Bureau of Investigation (FBI) a national criminal history record check of the applicant's convictions and pending criminal charges. Title 20, Section 2056h, as enacted by Act 49 (S.B. 91), L. 2007, effective May 25, 2007. ¶47-23,601.05.

Requests made by the Vermont state housing authority and other public housing authorities are exempt from the Vermont criminal record check fee. Title 20, Section 2063, as amended by Act 76 (H.B. 294), L. 2007, effective July 1, 2007. ¶47-23,601.07.

Discrimination Against Military Personnel Law

Any duly qualified member of the "reserve components of the armed forces," of the ready reserve, or an organized unit of the national guard shall upon request be entitled to leaves of absence for a total of 15 days in any calendar year for the purpose of engaging in military drill, training, or other temporary duty under military authority. A leave of absence shall be with or without pay as determined by the employer. Title 21, Chapter 5, Subchapter 5, Section 491, as amended by Act 44 (H.B. 360), L. 2007, effective July 1, 2007. ¶47-21,150.01.

Fair Employment Practices Law

It will be an unlawful employment practice for employers, employment agencies and labor organizations to discriminate against any individual because of gender identity. "Gender identity" means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's gender assigned at birth. Title 21, Chapter 5, Subchapter 6, Section 495, as amended by S.B. 51, L. 2007, effective July 1, 2007. ¶47-20,025.01.

Military and Emergency Services Leave Law

The state has enacted a law relating to employment protection and training periods for Vermont National Guard members (A. 44 (H. 360), L. 2007, at VT ¶47-7200).

Minimum Wage Law

The basic tip wage rate for service and tipped employees in Vermont will increase annually by the same percentage rate as the state minimum hourly wage rate. Currently, employers in the hotel, motel, tourist place, and restaurant industries must pay service and tipped employees not less than $3.65 per hour. Beginning January 1, 2008, and each January 1 thereafter, this wage rate will increase the same as the minimum hourly wage--by five percent or the percentage increase of the Consumer Price Index, CPI-U, U.S. city average, not seasonally adjusted, or successor index, as calculated by the U.S. Department of Labor or successor agency for the 12 months preceding September 1, whichever is smaller, and rounded off to the nearest $0.01.

Effective July 1, 2007, a "service or tipped employee" is defined as an employee of a hotel, motel, tourist place, or restaurant who customarily and regularly receives more than $120 per month in tips for direct and personal customer service. Currently, such employees must earn more than $30 per month in tips (Act 78 (S. 27), L. 2007, at VT ¶47-1000).

Workers' Compensation Law

Vermont has extended a presumption that death or disability from certain listed cancers was a result of exposure in the line of duty unless it is shown that the cancer was the result of non-service related risk factors or non-service connected exposure. Coverage extends to firefighters diagnosed with cancer within ten years of their last active date of employment (S. 194, L. 2007, at VT ¶47-4300).

Criminal Background Checks Law

As a condition of awarding a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities, the school board shall require the contractor to provide certification that all persons who will provide such services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. Title 22.1, Chapter 15, Section 22.1-296.1, as amended by Ch. 245 (S.B. 1346), L. 2007 and Ch. 431 (H.B. 1707), L. 2007, effective July 1, 2007. ¶49-23,600.01.

Criminal Background Checks Law

Federal bureau of Indian affairs-funded schools may use the process utilized by the state's school and educational districts to perform record checks for their employees and applicants for employment. Title 28A, Chapter 28A.400, Sections 28A.400.303 and 28A.400.305, as amended by Ch. 35 (S.B. 5382), L. 2007, effective July 22, 2007. ¶50-23,600.12 and ¶50-23,600.13.

The secretary shall require a fingerprint-based background check through the Washington state patrol identification and criminal history section and the federal bureau of investigation when the department seeks to approve an applicant or service provider for departments providing services to people with a developmental disability, in-home services funded by Medicaid personal care and services under other home and community long-term care programs. Title 43, Chapter 43.43, Sections 43.43, Sections 43.43.830, 43.43.832, 43.43.842 and a section to be codified in this title, as amended and enacted by S.B. 5774, L. 2007, effective July 22, 2007. ¶50-23,600.32, ¶50-23,600.33, ¶50-23,600.40, and ¶50-23,600.42.

Workers' Compensation Law

Washington has added to its workers' compensation law fines and penalties against employers that engage in claim suppression. The new language defines the prohibited practice as "intentionally inducing employees to fail to report injuries; inducing employees to treat injuries in the course of employment as off-the-job injuries; acting otherwise to suppress legitimate industrial insurance claims." The Department of Labor and Industries has the burden of proving that claim suppression has occurred. The new law does allow bona fide employer programs to prevent accidents and to provide first aid (S. 5443, L. 2007, at WA ¶49-4300).