State Law Changes

March 30, 2007 Update

Minimum Wage Law

Until December 31, 2007, the living wage rates for Tucson are $9.54 per hour if benefits are provided, and $10.74 per hour if benefits are not provided (AZ ¶3-1000).

Recordkeeping/Posters Law

The state's Smokefree Arizona posters (English and Spanish) have been added (AZ ¶3-9900).

Employment of Aliens

Public Works Contracts Law—Topic added. Arkansas state agencies are prohibited to enter into or renew a public contract for services with a contractor who knows that the contractor or a subcontractor employs or contracts with an illegal immigrant to perform work under the contract. Before executing a public contract, each prospective contractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the contractor, at the time of the certification, does not employ or contract with an illegal immigrant. Title 19, Chapter 11, Subchapter 1, Section 19-11-105, as enacted by Act 157 (H.B. 1024), L. 2007, effective 91 days after the adjournment of the legislature. ¶4-24,050.01.

Preemployment Inquiries Law/Recordkeeping/Posters Law

Arkansas state agencies will be prohibited from contracting with businesses that employ illegal immigrants. Before executing a public contract, each prospective contractor will be required to certify in a manner that does not violate federal law in existence on January 1, 2007, that the contractor, at the time of the certification, does not employ or contract with an illegal immigrant. If a contractor violates these provisions and does not remedy the violation within 60 days, the state will terminate the contract (Act 157 (H. 1024), L. 2007 at AR ¶4-9000 and at AR ¶4-9900).

Employment of Aliens Law—Topic added

Prior to executing a public contract for services, each prospective contractor shall certify that, at the time of the certification, it does not knowingly employ or contract with an illegal alien and that the contractor has participated or attempted to participate in the basic pilot program in order to confirm the employment eligibility of all employees who are newly hired for employment in the United States. Title 8, Chapter 17.5, Section 8-17.5.102, as amended by H.B. 1073, L. 2007, effective 91 days after the adjournment of the legislature. ¶6-24,050.03.

Minimum Wage Law

The Colorado Division of Labor has adopted Minimum Wage Order Number 23. This permanent wage order supersedes previous emergency rulemaking and Minimum Wage Order Number 22. The state minimum wage order regulates wages, hours, working conditions and procedures for certain employees and employers for work performed within the boundaries of the state of Colorado in the following industries: retail and service; commercial support service; food and beverage; and health and medical (CO ¶6-1000).

Additionally, the Director of the Colorado Division of Labor, in determining the state's minimum wage rate and wage rates for learners and apprentices, shall be bound by relevant state law, the state constitution, and, if a higher minimum wage rate is established by federal law or rules, the director shall be bound by such federal law or rules (H. 1001, L. 2007, at CO CO ¶6-1000).

Preemployment Inquiries Law

Prior to executing a public contract for services, each prospective contractor shall certify that, at the time of the certification, it does not knowingly employ or contract with an illegal alien and that the contractor has participated or attempted to participate in the basic pilot employment verification program administered by the U.S. Department of Homeland Security in order to confirm the employment eligibility of all employees who are newly hired for employment in the United States (H. 1073, L. 2007, at CO ¶6-9000).

Religious Discrimination Law

Effective March 15, 2007, a health care professional who is employed by a health care facility that provides emergency care to sexual assault survivors shall not be required to inform the survivor of the availability of emergency contraception if the professional refuses to provide the information on the basis of religious or moral beliefs (S. 60, L. 2007, at CO ¶6-2900).

Health Insurance Benefit Coverage Law

Insurers must now provide coverage for habilitative services for children.

Unemployment Insurance Law

Idaho has reduced the civil penalty imposed on employers who fail to file tax reports when due. Specifically, the penalty is reduced for the first and second offenses, and the amount of the penalty is tied to the number of recent offenses (S. 1043, L. 2007, effective March 13, 2007, at ID ¶13-1700).

Whistleblower Protection Law

The Illinois Civil Rights Act of 2006 defines “retaliatory action” as the reprimand, discharge, suspension, demotion, or denial of promotion or change in the terms and conditions of employment, that is taken in retaliation because a person has opposed or reported that which he or she reasonably and in good faith believed to be the use of force or threat of imminent bodily harm to compel a confession or information regarding an offense, or because he or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing involving the use of force or threat of imminent bodily harm to compel a confession or information regarding an offense (S. 2737, L. 2005, enacted February 27, 2007, at IL ¶14-3600).

Recordkeeping/Posters Law

The state has updated its minimum wage law poster (IA ¶16-9900).

Violence in the Workplace Law

The state has enacted an antiharassment and antibullying law relating to school employees (S. 61, L. 2007, at IA ¶16-3300).

Disability Law

Persons accompanied by an assistance dog are no longer required to have in their personal possession a certificate issued by the assistance dog training agency or school establishing that their dogs have been so trained (Ch. 48 (S. 23), L. 2007, effective June 26, 2007, at KY ¶18-2600).

Minimum Wage Law

On March 22, 2007, Kentucky Governor Ernie Fletcher signed a law to increase the state minimum wage to $5.85 per hour. The state minimum wage will increase again to $6.55 per hour on July 1, 2008, and to $7.25 per hour on July 1, 2009. If the federal minimum hourly wage is increased to a rate higher than Kentucky’s, the legislation provides that Kentucky’s minimum hourly wage will be increased simultaneously to the same amount. Currently, the minimum wage rate in Kentucky is the same as the federal rate ($5.15 per hour) (Ch. 69 (H. 305), L. 2007, at KY ¶18-1000).

Unemployment Insurance Law

Rate information has been updated (KY ¶18-1700).

Discrimination in State Employment (E.O. .01.01.2007.01)—Topic added

Governor Martin O'Malley has signed an executive order prohibiting discrimination against employees of the executive branch of state government based on race, ethnicity, color, religion, sex, national origin, age, disability, or sexual orientation. Executive Order 01.01.2007.01, signed Feb. 14, 2007. ¶21-20,028.01.

Fair Employment Practices Law

Governor Martin O'Malley has signed an executive order prohibiting discrimination against employees of the executive branch of state government based on race, ethnicity, color, religion, sex, national origin, age, disability, or sexual orientation (Executive Order 01.01.2007.01, at MD ¶21-2500).

Affirmative Action and Equal Opportunity in State Employment (E.O. 478)—Topic added

All state agencies shall develop and implement affirmative action and diversity plans to identify and eliminate discriminatory barriers in the workplace; remedy the effects of past discriminatory practices; identify, recruit, hire, develop, promote, and retain employees who are members of under-represented groups; and ensure diversity and equal opportunity in all facets, terms, and conditions of state employment. These plans shall set forth specific goals and timetables for achievement, shall comply with all applicable state and federal laws, and shall be updated, at a minimum, every two years. Executive Order No. 478, signed January 30, 2007 by Governor Deval L. Patrick, effective immediately. ¶22-23,402.01.

Community Improvement Leave-State Employment (E.0. 479)—Topic added

Employees of the Executive Branch, shall be eligible to provide approved voluntary services, on site, in communities within the Commonwealth, during approved working hours, for a maximum of up to one paid day per month, in order to assist in the improvement the state. Executive Order No. 479, signed by Governor Deval L. Patrick on January 31, 2007, effective immediately. ¶22-22,551.01.

Employment of Aliens on State Contracts E.O. 481—Topic added

All Executive Branch contracts entered into after February 23, 2007, shall require contractors to certify, as a condition of receiving Commonwealth funds under the contract, that they shall not knowingly use undocumented workers in connection with the performance of the contract. Pursuant to federal requirements, they shall verify the immigration status of all workers assigned to the contract without engaging in unlawful discrimination and not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker. Executive Order No. 481, signed February 23, 2007 by Governor Deval L. Patrick, effective immediately. ¶22-24,050.01.

Fair Employment Practices Law

Governor Deval L. Patrick has signed an executive order regarding nondiscrimination, diversity, equal opportunity and affirmative action. The order covers all state agencies in the Executive Branch of the state's government (Executive Order No. 478, at MA ¶22-2500).

Leave for Family and Community Obligations—Topic added.

State employees are entitled up to one paid day a month to provide voluntary services at a public elementary, secondary, or vocational-technical school to assist the improvement of a student's or school's educational program. Chapter 29, Section 31E. ¶22-22,550.02.

Preemployment Inquiries Law

Governor Deval L. Patrick has signed an executive order prohibiting the use of undocumented workers on state contracts. The order applies to all state agencies in the Executive Branch of the state's government (Executive Order No. 481, at MA ¶22-9000).

Recordkeeping/Posters Law

The English version of the state's wage and hour law poster has been updated (MA ¶22-9900).

Unemployment Insurance Law

For 2007, the base rate is 0.40%, and the Workforce Enhancement Fee is 0.10%. An additional assessment of 14.0% of the tax due is in effect for 2007. However, there is no special assessment of taxable wages in effect for 2007. High experience rating industry new employers will be assigned a total rate of 9.68%. All other new employers will be assigned a total rate of 2.53% for 2007(MN ¶24-1700).

Child Support Enforcement Law

Mississippi has amended its child support enforcement law to increase the civil contempt fines upon employers who refuse to comply with income withholding orders. Specifically, in cases in which a payor willfully fails to withhold or pay over income pursuant to a valid order for withholding, the following penalties shall apply: (1) the payor shall be liable for a civil penalty of not more than (a) $500; or (b) $1,000 in an instance where the failure to comply is the result of collusion between the payor and the obligor; and (2) the court, upon due notice and hearing, shall enter judgment and direct the issuance of an execution for the total amount that the payor willfully failed to withhold or pay over (H. 898, L. 2007, at MS ¶25-5500).

New Hire Reporting Law

Mississippi’s new hire reporting law has been amended with respect to the definition of “employer.” Effective July 1, 2007, each employer paying wages, salary or commission and doing business in the state shall report to the Directory of New Hires within the Mississippi Department of Human Services: (1) the hiring of any person who resides or works in the state to whom the employer anticipates paying wages, salary or commission; and (2) the hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay or was terminated from employment. Current law does not include references to “salary or commission” (H. 840, L. 2007, at MS ¶25-1600).

Preemployment Inquiries Law

Effective March 22, 2007, the Commissioner of Banking shall require all employees and applicants for employment with the Department of Banking to be fingerprinted to determine their suitability for employment as examiners or assistants (S. 2343, L. 2007, at MS ¶25-9000).

Smoking in the Workplace Law

The Mississippi Clean Indoor Air Act has been amended with respect to designated smoking areas in state veterans' homes (H. 1090, L. 2007, at MS ¶25-2700).

Minimum Wage Law

On March 14, 2007, Missouri Governor Matt Blunt directed the Department of Labor and Industrial Relations to comply with the minimum wage law passed by voters in November 2006 and increase the base wage for tipped employees to $3.25 (Missouri Governor Matt Blunt Press Release, March 14, 2007, at MO ¶26-1000).

Unemployment Insurance Law

For 2007, the contribution rate of an experience-rated employer can range from 0.0% to 9.45%. For experience-rated employers that are participating in the workshare program, contribution rates can range from 0.0% to 13.65%. These rates reflect all surcharges imposed for 2007. The rate payable by new employers in 2007 is 3.51%, except for those employers in special industries. New construction employers will pay 3.832%, and new mining employers will pay 3.567% in 2007. Note, however, the nonprofit contribution rate remains at 1.30% for 2007 (MO ¶26-1700).

Breastfeeding Rights in Employment Law—Topic added

Public and private employers are required to provide nursing mothers a space for using the breast pump that is clean and private, near the employee's workspace, and not a bathroom. Employers are required to provide flexible break times, but are not liable for storage or refrigeration of breast milk or payment for a nursing mother's break time in addition to established employee breaks. Chapter 28, Article 20, Section to be allocated, as enacted by H.B. 613, L. 2007, Sec. 1, effective June 15, 2007. ¶32-22,650.02.

Meal and Rest Periods Law

Effective June 15, 2007, public and private employers will be required to provide nursing mothers with a space for using a breast pump that is clean and private, near the employee's workspace, and not a bathroom. Employers are required to provide flexible break times, but are not liable for storage or refrigeration of breast milk or payment for a nursing mother's break time in addition to established employee breaks (H. 613, L. 2007, at NM ¶32-1400).

Minimum Wage Law

On March 23, 2007, New Mexico Governor Bill Richardson signed legislation to increase the state’s minimum wage from the current $5.15 per hour to that of $6.50 per hour on January 1, 2008. The minimum wage rate will increase again to $7.50 per hour on January 1, 2009. The measure also includes a temporary saving clause that prohibits until January 1, 2010, the adoption or continuation of local laws or ordinances that would mandate a wage rate higher than that provided for under the state Minimum Wage Act, but makes exception to allow local laws and ordinances already in effect as of January 1, 2007, to remain in effect until repealed (S. 324, L. 2007, at NM ¶32-1000).

Criminal Background Checks Rules

Nursing homes, certified home health agencies, licensed home care services agencies and long term home health care programs are required to request criminal background checks of certain prospective employees. Title 10, Chapter V, Subchapter A, Article 1, Part 402, Sections 402.1 through 402.10, as readopted effective Feb. 26, 2007 to expire May 26, 2007. ¶33-23,651.01 through ¶33-23,651.10.

Minimum Wage Law

Effective March 24, 2007, specified service contractors and subcontractors with contracts over $50,000 with the city of Buffalo must pay employees a living wage of $9.59 per hour with health benefits ($10.77 per hour without benefits). These rates also must be paid to all city employees.

Beginning in 2008, the rate will rise every year based on the inflation rate for the year preceding the prior year. For example, on January 1, 2008, the rate will rise, based on 2006 inflation, to $9.90 with health benefits and $11.11 without health benefits (NY ¶33-1000).

Unemployment Insurance Law

For 2007, the rate schedule in effect is the column labeled “0.5% but less than 0%.” The normal portion of the 2007 rates will range from 0.5% to 8.5%. The range of rates with the normal, subsidiary and the Reemployment Service Fund for 2007 will be 1.1% to 9.5%. New employers pay a rate of 4.1%, including the subsidiary tax rate of 0.625%, and the reemployment tax of 0.075% (NY ¶33-1700).

Workers’ Compensation Law

New York has adopted workers’ compensation reform measures affecting the level and duration of benefits, time periods for acting on contested claims, services covered by fee schedules, the use of provider networks, the phasing out of the Special Disability Fund and increased penalties against employers and care providers.

Civil and criminal penalties have been increased. Corporate officers can be found liable for the corporation’s failure to maintain certain records. There will be an affirmative defense to the personal liability of corporate officers who take reasonable steps to secure compensation for injured employees. The head of the Workers’ Compensation Board has been given the power to issue stop work orders against employers that do not pay compensation or penalties. Persons or companies that have been fined or are the target of a stop work order can be barred from bidding on contracts or subcontracts involving work for governmental bodies. Other fraud fighting measures include offering civil immunity to parties which share information concerning suspected fraudulent insurance transactions with state agencies investigating fraud and allowing for information sharing between the departments of labor and of taxation and finance. There are also new penalties for improper sharing of confidential information.

Higher penalties will apply to employers liable for a workers’ compensation claim which have failed to secure compensation. Medical providers found guilty of professional or medical misconduct can be removed from lists of authorized workers’ compensation physicians.

The new law has a range of effective dates applying to specific sections (A. 6163, L. 2007, at NY ¶33-4300).

Minimum Wage Law

The minimum wage in North Carolina increased from $5.15 per hour to $6.15 per hour, effective January 1, 2007. But the North Carolina Department of Labor points out that the credit against the minimum wage for tips received by employees has not changed. In North Carolina, the maximum amount of an employee’s hourly tips that employers are permitted to credit toward payment of the minimum wage is determined by reference to the federal FLSA. This means that the maximum tip credit remains at $3.02 in 2007. In other words, in 2007, an employer must pay $3.13 an hour to tipped employees who earn at least $3.02 per hour in tips. And the Department of Labor reminds employers that they must pay more than $3.13 per hour if a tipped employee earns less than $3.02 an hour in tips, as it is the employers’ responsibility to make sure that all tipped employees earn at least $6.15 an hour in cash wages and tips. (N.C. Labor Fact Sheet, at NC ¶34-1000).

Child Labor Law

The state's child labor law has been amended with respect to the maximum hours of labor of minors 14 or 15 years of age (H. 1070, L. 2007, at ND ¶35-1500).

Criminal Background Checks Law

Employees of certain public agencies and entities are required to submit a set of fingerprints and undergo a criminal history check. Title 12, Chapter 12-60, Section 12-60-24, as amended by H.B. 1490, L. 2007, effective March 5, 2007. ¶35-23,600.51.

Fair Employment Practices Act

The definition of ``discriminatory practice’’ was amended to include lawful activity off the employer's premises during nonworking Hours which is not in direct conflict with the essential business-related interests of the employer. Title 14, Chapter 14-02.4, Section 14-02.4-02, as amended by S.B. 2075, L. 2007, effective Aug. 1, 2007. ¶35-20,025.02.

Fair Employment Practices Law

The definition of “discriminatory practice” has been amended to include lawful activity off the employer's premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer (S. 2075, L. 2007, at ND ¶35-2500).

Garnishment Law

The state has amended its law pertaining to restrictions on the garnishment of earnings (H. 1211, L. 2007, at ND ¶35-5600).

Minimum Wage Law

On March 5, 2007, North Dakota Governor John Hoeven signed a new minimum wage bill that will raise the state's minimum wage from $5.15 an hour to $5.85 an hour immediately upon signing of the corresponding federal bill by the President of the United States. The bill provides for the state minimum wage to increase again, to $6.55 per hour, one year after signing, and then again to $7.25 within two years of signing (H. 1454, L. 2007, at ND ¶35-1000).

Rules on Confidentiality of AIDS Test Results

It is now permitted for information in the medical record related to a positive HIV test result or HIV diagnosis to be disclosed to persons who must review the record for the purpose of treatment, payment or health care operations and to delete the language requiring specific written authorization for third party payors. Chapter 333, Division 12, Section 333-012-0270, as amended by PH 1-2007, effective Jan. 16, 2007. ¶38-22,300.04.

Criminal Background Checks Law

All persons hired by the Division of Banking are required to submit to a background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Title 51A, Chapter 51A-2, Section 51A-2-6, as amended by S.B. 44, L. 2007, effective July 1, 2007. ¶43-23,600.71.

Minimum Wage Law

The state's minimum wage will increase from $5.15 per hour to $5.85 per hour effective when the federal minimum wage rate increases, or July 1, 2007, whichever is later. The state minimum wage rate would increase again to $6.55 per hour one year later, and again to $7.25 an hour two years later (S. 207, L. 2007, at SD ¶43-1000).

Preemployment Inquiries Law

The state has enacted a law requiring the conduct of criminal background checks for certain persons employed by the Division of Banking (S. 44, L. 2007, at SD ¶43-9000).

Violence in the Workplace Law

On March 27, 2007, Texas Governor Rick Perry signed a law extending Texans' rights to use deadly force for means of self-defense, without retreat, in their home, vehicle or workplace. The law takes effect September 1, 2007 (Office of the Governor Press Release, March 27, 2007; S. 378, L. 2007, at TX ¶45-3300).

Criminal Background Checks Law

The State Board of Regents is required to adopt a policy providing for criminal background checks of certain prospective and existing employees of higher education institutions. Title 53B, Chapter 1, Section 53B-1-110, as enacted by H.B. 196, L. 2007, effective April 30, 2007. ¶46-23,600.13.

The Department of Health is to have access to juvenile records for certification or licensing of people with direct responsibility for the safety of children, the elderly, or the disabled in health care facilities. Title 26, Chapter 21, Section 26-21-9.5, as amended by H.B. 197, L. 2007, effective July 1, 2007. ¶46-23,600.15.

Consistent rulemaking authority was established for the Department of Health to grant exceptions to licensing prohibitions when licensing applicants for day care centers Title 25, Chapter 39, Section 26-39-107, as amended by H.B. 197, L. 2007, effective July 1, 2007. ¶46-23,600.21.

Disability Law

The law was amended to change “person who is blind, visually impaired, and otherwise disabled” to “a person with a disability.” Service animal provisions were also revised (S. 192, L. 2007, at UT ¶46-2600).

Disability Discrimination-State Employment

The law was amended to change “person who is blind, visually impaired, and otherwise physically disabled” to “a person with a disability,” and was renumbered from 26-30-3. Title 62A, Chapter 5b, Section  62A-5b-105, as renumbered and amended by S.B. 192, L. 2007, effective 61 days after the adjournment of the legislature. ¶46-20,750.01.

Smoking in the Workplace Law

The Utah Clean Indoor Air Act has been amended with respect to local ordinances (H. 201, L. 2007) and smoking in specified taverns and clubs (H. 273, L. 2007, at UT ¶46-2700).

Criminal Background Checks Law

Provisions pertaining to the dissemination of criminal history information were amended. Title 19.2, Chapter 23, Sections 19.2-389, as amended by S.B. 1195, L. 2006, effective July 1, 2007. ¶49-23,601.01.

Discrimination Based on Military Service Law

Employment protections to the Virginia National Guard were extended to military duty pursuant to Title 32 of the United States Code. Also, penalties for discriminatory practices were amended to include reasonable attorney fees and costs incurred. Title 44, Chapter 1, Article 10, Sections 44-93.4 and 44-93.5, as amended by Ch. 167 (S.B. 1309), L. 2007 and Ch. 214 (H.B. 2809), L. 2007, effective July 1, 2007. ¶49-21,150.01 and ¶49-21,150.02.

Health Insurance Benefit Coverage Law

If a local (county, city or town) employee develops a life-threatening health condition, the local employer shall provide such employee written notification of all relevant benefit options and programs available to him or her, within 10 days of the date that the employer was given notice of the serious health condition by the employee or his or her agent, unless such information is otherwise provided annually by the local employer. The employer shall provide appropriate forms to the employee so that the employee can communicate any election of benefit options to the employer in writing on the forms (Ch. 333 (H. 2764), L. 2006, enacted March 13, 2007, at VA ¶48-4000).

Jury Duty and Court Attendance Leave Law

Effective July 1, 2007, a new section of law has been enacted that will require employers to allow an employee who is a victim of a crime to leave work to exercise his or her right to be present at criminal proceedings relating to the crime. Employers are not required to compensate employees for the time away from work. An employer may limit the leave if it creates an undue hardship, however. An employer cannot refuse to hire or employ, cannot bar or discharge from employment, and cannot otherwise discriminate in terms of employment against an individual who is a crime victim based on the person's exercising of his or her right to leave work to attend a criminal proceeding (Ch. 423 (H. 3132, L. 2006, enacted March 15, 2007, at VA ¶48-7100).

Military and Emergency Services Leave Law

Employment protections for members of the Virginia National Guard have been extended to military duty pursuant to Title 32 of the United States Code. Also, penalties for discriminatory practices have been adjusted to include reasonable attorney fees and costs incurred (Ch. 167 (S. 1309), L. 2006, and Ch. 214 (H. 2809), L. 2006, enacted March 9, 2007, at VA ¶48-7200).

Preemployment Inquiries Law

Effective July 1, 2007, criminal history record information may be disseminated to the Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services (Ch. 12 (S. 1195), L. 2006, enacted February 19, 2007, at VA ¶48-9000).

Breastfeeding Rights in Employment Law—Topic added.

The act of breastfeeding an infant child, including breastfeeding in any place where the woman may legally be, does not constitute public indecency. Although the statute doesn’t specifically mention employers, it can be construed to include places of employment. Title 6, Chapter 4, Section 6-4-201, as amended by Ch. 166 (H.B. 105), L. 2007, effective July 1, 2007. ¶53-22,650.01.

Child Labor Law

Effective July 1, 2007, persons under the age of 21 are prohibited from mixing or dispensing alcoholic beverages. Current law limits the employment of persons under the age of 21 in establishments licensed to sell alcoholic or malt beverages to employment-related deliveries or to serving such beverages in restaurants, if at least 18 years of age (Ch. 116 (S. 70), L. 2007, at WY ¶52-1500).

Child Support Enforcement Law

The state's child support enforcement law has been amended with respect to responsibilities for preparation and mailing of income withholding orders and related notices. Employer penalty provisions have also been amended. These changes will take effect July 1, 2007 (Ch. 169 (H. 21), L. 2007, at WY ¶52-5500).

Criminal Background Checks Law

Wyoming's Criminal History Record Act governs all systems of records for the collection, maintenance, use and dissemination of individually identifiable criminal history record information by any criminal justice agency. Title 7, Chapter 19, Article 1, Section 7-19-106, as amended by Act 39 (S.B. 141), L. 2007, effective Feb. 23, 2007. ¶53-23,601.06.

Provisions pertaining to the processing and acquiring of state or national criminal history information were amended. Title 7, Chapter 19, Article 2, Section 7-19-201, as amended by Act 39 (S.B. 141), L. 2007, effective Feb. 23, 2007. ¶53-23,601.21.

Fair Employment Practices Act

Employers are prohibited to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation or the terms, conditions or privileges of employment against an individual because of pregnancy (Title 27, Chapter 9, Section 27-9-105, as amended by Ch. 175 (H.B. 227), L. 2007, effective July 1, 2007. ¶53-20,025.05.

Meal and Rest Periods Law

Effective July 1, 2007, the act of breastfeeding an infant child, including breastfeeding in any place where the woman may legally be, does not constitute public indecency (Ch. 166 (H. 105), L. 2007, at WY ¶52-1400).

Pregnancy/Maternity Discrimination Law

Effective July 1, 2007, it will be a discriminatory or unfair employment practice for an employer to refuse to hire, to discharge, to promote or demote, or to discriminate in matters of compensation or the terms and conditions or privileges of employment against any person otherwise qualified because of pregnancy (Ch. 175 (H. 227), L. 2007, at WY ¶52-3000).