State Law Changes

March 31, 2008 Update

No Updates as of March 31, 2008

Health Insurance Benefit Coverage Law

Effective June 30, 2009, group disability and blanket disability insurers shall not (1) exclude or deny coverage for a treatment or impose dollar limits, deductibles and coinsurance provisions based solely on the diagnosis of autism spectrum disorder; or (2) exclude or deny coverage for medically necessary behavioral therapy services (H. 2847, L. 2008, at AZ ¶3-4000).

Minimum Wage Law

The current living wage rates for West Hollywood are $8.84 per hour with benefits, and $10.12 per hour if benefits are not provided (CA ¶5-1000).

Wage Payment Law

Effective as described below, an employer may deposit an employee’s wages on a paycard, so long as the employee: (1) is provided free means of access to the entire amount of net pay at least once per pay period; or (2) may choose to use other authorized means for payment of wages. “Paycard” means an access device that an employee uses to receive his or her payroll funds from his or her employer (S. 120, L. 2008, enacted March 20, 2008, at CO ¶6-1200).

This law shall take effect at 12:01 a.m. on the day following the expiration of the 90-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect.

Fair Employment Practices Law

Violations of the district's Internet Access and Use Policy shall result in administrative action up to and including removal (Mayor's Order 2008-16, at DC ¶9-2500).

Family, Medical and Parental Leaves Law

The District of Columbia City Council unanimously approved and Mayor Adrian M. Fenty (D) has
signed the “Accrued Sick and Safe Leave Act of 2008”, making the District of Columbia only the second city in the United States, after San Francisco (see CA ¶5-7000), to require that all city businesses provide their employees with paid sick leave. The bill must go through the usual District process (Congressional review and publication in the District register) before it takes effect.

Under the Act, employers with 100 employees or more must provide seven paid sick or safe days for their employees; employers with 25-99 employees must provide five days of leave; and employers with 24 or fewer employees must provide three sick or safe days. Paid “sick or safe” days are available for a variety of uses, including when: (1) the employee or his/her family member is sick (resulting from physical or mental illness or injury); (2) the employee or his/her family member (child, parent, spouse, domestic partner) needs routine or preventative medical care; and (3) the employee who is a domestic violence victim needs time off to seek medical care, shelter, counseling, a court order, or other services related to the domestic violence.

Prior to the unanimous approval, an amendment was added to the Act requiring that employees complete a full 12 months of employment before becoming eligible for the paid sick leave. In addition, exemptions were added for health care workers and for restaurant wait staff. Other amendments to the bill would provide a “hardship” exemption for businesses and redefined “employee” according to the definition provided in the Family Medical Leave Act of 1993 (Act 324 (B. 197), L. 2007, signed March 19, 2008, at DC ¶9-7000).

No Updates as of March 31, 2008

Preemployment Inquiries Law

The state has amended its criminal history check law with respect to lottery employees (S. 1282, L. 2008, at ID ¶13-9000).

Workers' Compensation Law

The sunset clause or Section 72-334 of the Idaho Code (relating to Industrial Special Indemnity
Fund claims) has been repealed (H. 354, L. 2008, at ID ¶13-4300).

Breastfeeding Rights in Employment Law

The state and political subdivisions of the state shall provide reasonable paid break time each day to an employee who needs to express breast milk for the employee's infant child. Title 5, Article 10, Chapter 6, Section 5-10-6-2, as enacted by S.B. 219, L. 2008, effective July 1, 2008. ¶15-22,650.01.

Also, employers with 25 or more employees shall provide a private location, other than a toilet stall, where an employee can express the employee's breast milk in privacy during any period away from the employee's assigned duties. Title 22, Article 2, Chapter 14, as enacted by S.B. 219, L. 2008, effective July 1, 2008. ¶15-22,650.03.

Health Insurance Benefit Coverage Law

Effective after June 30, 2008, a group contract that provides coverage for basic health care services must also provide coverage for medically necessary orthotic devices and prosthetic devices (H. 1140, L. 2008, at IN ¶15-4000).

Meal and Rest Periods Law

Effective July 1, 2008, the state, political subdivisions of the state, and specified other private employers shall provide for reasonable paid breaks for an employee to express breast milk for the employee's infant child. There are provisions relating to sanitary, private locations for these employees to express breast milk, and storage concerns are also addressed (Act 219 (S. 219), L. 2008, at IN ¶15-1400).

Unemployment Insurance Law

For 2008, the contribution rate of eligible experience-rated employers may range from 0.10% to 6.20%. The rates payable by new employers in 2008 range from 1.07% to 2.81%. The 2008 rates have a 10% reduction in effect. For 2008, there is a noncharge social charge of 6.13%, which is paid by all employers, and an 18.75% incumbent worker training charge, paid only by eligible employers (LA ¶19-1700).

Minimum Wage Law

The following local jurisdictions have amended their living wage rates: Eastpointe, Southfield, Detroit, and Pittsfield Township (MI ¶23-1000).

Employment Protection Act

Topic added. The Mississippi Employment Protection Act will require that contractors and subcontractors register and participate in E-Verify to verify the work eligibility of all newly hired employees. State of Mississippi agencies and political subdivisions, public contractors and public subcontractors and private employers with 250 or more employees must meet the Act's verification requirements no later than July 1, 2008. Employers with 100-249 employees must meet the Act's verification requirements no later than July 1, 2009. Employers with 30-99 employees must meet the Act's verification requirements no later than July 1, 2010. All other employers must meet the verification requirements proposed in the Act by July 1, 2011. S.B. 299, L. 2007, Sec. 2, enacted March 17, 2007, effective dates noted above. ¶25-24,050.01.

Recordkeeping/Posters Law

Governor Haley Barbour (R) signed the Mississippi Employment Protection Act into law on March 17, 2008, making Mississippi the next state after Arizona to enact legislation requiring all of its employers to verify the legal status of their new hires using the federal government’s E-Verify program.

State of Mississippi agencies and political subdivisions, public contractors and public subcontractors and private employers with 250 or more employees must meet the Act’s verification requirements no later than July 1, 2008. Employers with 100-249 employees must meet the Act’s verification requirements no later than July 1, 2009. Employers with 30-99 employees must meet the Act’s verification requirements no later than July 1, 2010. All other employers must meet the verification requirements proposed in the Act by July 1, 2011.

Any employer violating the provisions of the Act would be subject to the cancellation of any state or public contract, resulting in ineligibility for any state or public contract for up to three years, the loss of any license, permit, certificate or other document granted to the employer by any agency, department or government entity in the State of Mississippi for the right to do business in the state for up to one year, or both. Further, in cases where illegal aliens are knowingly hired, both the alien worker and the employer could be imprisoned for one to five years, fined $1000 to $10,000, or both (S. 2988, L. 2008, at MS ¶25-9900).

Smoking in the Workplace Law

A new Nebraska Clean Indoor Air Act has been adopted. It will replace the current law effective
June 1, 2009 (L.B. 395, L. 2007, enacted February 26, 2008, at NE ¶28-2700).

Veterans’ Preference in Public Employment Law

Topic added. Veterans, disabled veterans and members of the national guard are entitled to preference in public employment. Chapter 10, Article 9, Section 10-9-13.2 and Chapter 20, Article 4, Section 20-4-9. ¶32-21,750.01 and ¶32-21,750.11.

Criminal Background Checks Rules

Regulations were readopted on an emergency basis to implement the Department of Health's statutory duty to act on requests for criminal history record checks which are required by law. The law is intended to protect patients, residents, and clients of nursing homes and home health care providers from risk of abuse or being victims of criminal activity. These regulations are necessary to implement the law as of its effective date so that the Department of Health can fulfill its statutory duty of ensuring that the health, safety and welfare of such patients, residents and clients are not unnecessarily at risk. Title 10, Chapter V, Subchapter A, Article 1, Part 402, Sections 402.1 through 402.10, as readopted as emergency, effective Feb. 19, 2008, to expire May 18, 2008. ¶33-23,650.01 through ¶33-23,651.10.

Family, Medical and Parental Leaves Law

New York has amended its blood donation leave law to allow employees without use of accumulated leave time to donate blood during work hours at least two times per year at a convenient time and place set by the employer, including allowing an employee to participate in a blood drive at the employee’s place of employment (S. 6490, L. 2007, enacted March 17, 2008, at NY ¶33-7000).

Leave for Organ, Blood and Bone Marrow Donors Law

New York has amended its blood donation leave law to allow employees without use of accumulated leave time to donate blood during work hours at least two times per year at a convenient time and place set by the employer, including allowing an employee to participate in a blood drive at the employee's place of employment. New York Labor Law, Article 7, Section 202-j, as amended by S.B. 6490, L. 2007, effective retroactively to Dec. 13, 2007. ¶33-22,950.03.

Veterans’ Preference in Public Employment Law

Topic added. Veterans and disabled veterans are entitled to preference in appointment and retention in public employment. Civil Service Law, Article VI, Sections 85 through 87. ¶33-21,750.01 through ¶33-21,750.03.

Minimum Wage Law

Based upon current Federal Poverty Level guidelines, the 2008 living wage rate for Toledo is $11.21 per hour with a minimum level of health insurance and $13.25 per hour when health insurance is not provided (OH ¶36-1000).

Also, effective January 1, 2008, the living wage rates for Lakewood are $11.37 per hour with benefits, and $12.60 per hour if benefits are not provided (OH ¶36-1000).

Veterans’ Preference in Public Employment Law

Topic added. Any person who has completed service in the uniformed services, who has been honorably discharged or transferred to the reserve with evidence of satisfactory service, and any member of the National Guard or a reserve component of the armed forces of the United States, is entitled to preference in public employment. Title 1, Chapter 124, Sections 124.23 and 124.26, as amended by Ch. 37 (H.B. 372), L. 2007, effective March 24, 2008. ¶36-21,750.01 and ¶36-21,750.02.

Veterans’ Preference in Public Employment Law

Topic added. Oklahoma state agencies are authorized to employ special disabled veterans in competitive and noncompetitive jobs without the entrance examinations requirements and hiring procedures administered by the Office of Personnel Management. Also, in establishing employment lists of eligible persons for competitive and noncompetitive appointment, certain preferences shall be allowed for honorably discharged veterans, spouses of veterans, disabled veterans and spouses of disabled veterans. Title 72, Chapter 13, Sections 401 through 404 and Title 74, Chapter 27A, Section 840-4.14. ¶37-21,750.01 through ¶37-21,750.04 and ¶37-21,750.11.

Veterans’ Preference in Public Employment Law

Topic added. Soldiers, widows or widowers of soldiers, disabled soldiers and spouses of disabled soldiers are entitled to preference in public employment and public works contracts. Title 51, Part V, Chapter 71, Sections 7101 through 7109. ¶39-21,750.01 through ¶39-21,750.09.

Veterans’ Preference in Public Employment Law

Topic added. Veterans and disabled veterans are entitled to preference in appointment and retention in public employment. Title 36, Chapter 5, Sections 36-5-6 through 36-5-8. ¶41-21,750.01 through ¶41-21,750.03.

Veterans’ Preference in Public Employment Law

Topic added. Honorably discharged members of the United States Armed Forces who are given employment preference by the United States Government, shall be given preference for appointment and employment in every public department and upon all public works in this State. Title 1, Chapter 1, Article 7, Section 1-1-550. ¶42-21,750.01.

COBRA Law

Effective July 1, 2008, the state has amended its COBRA law to provide options, including decreasing benefits, for those who elect continuation of health insurance (H. 1318, L. 2008, at SD ¶43-4200).

Additionally, where an employer ceases operations and terminates its group health contract, continuation is only available to an employee who has been continuously insured under the group policy or under any creditable coverage which it replaced during the entire six-month period ending with such termination (S. 112, L. 2008, at SD ¶43-4200).

Recordkeeping/Posters Law

The state will restrict the release or use of social security numbers by the state and its political subdivisions unless certain security measures are taken (S. 80, L. 2008, at SD ¶43-9900).

Veterans’ Preference in Public Employment Law

Topic added. Veterans, spouses of veterans, disabled veterans and spouses of disabled veterans are entitled to preference in public employment. Title 3, Chapter 3-3, Section 3-3-1 through 3-3-8. ¶43-21,750.01 through ¶43-21,750.08.

Workers' Compensation Law

The state has revised certain provisions regarding medical claims for workers’ compensation and established an administrative fine for delays regarding these medical claims (H. 1037, L. 2008, at SD ¶43-4300).

Veterans’ Preference in Public Employment Law

Topic added. Veterans, spouses of veterans, disabled veterans and spouses of 100 percent disabled veterans are entitled to preference in public employment. Title 8, Chapter 30, Part 3, Section 8-30-306. ¶44-21,750.01.

Minimum Wage Law

The current living wage for San Antonio is $9.93 per hour (TX ¶45-1000).

New Hire Reporting Law

The state's new hire reporting form has been updated. Contact information has also been updated (TX ¶45-1600).

Workers' Compensation Law

Texas public policy does not prohibit coverage, under workers' compensation and employment liability insurance policies, of punitive damages imposed on an employer due to gross negligence, the state's high court ruled, in the case of a machine operator for a highway paving company who died as a result of injuries sustained when the machine rolled over. The employer's insurance company sought a declaratory judgment that it owed no duty to defend or indemnify the employer, if found liable for gross negligence. Texas workers' compensation law does not prohibit recovery of exemplary damages if an employee's death is caused by an employer's gross negligence; nor does Texas public policy prohibit insurance coverage for such claims. “Were the existence of insurance coverage to completely eviscerate the punitive purpose behind awarding exemplary damages, it could defeat not only an explicit legislative policy but also the court's traditional role in deterring conscious indifference,” the court wrote (Fairfield Insurance Co v Stephens Martin Paving, LP, TexSCt, February 15, 2008, at TX ¶45-4300).

Employment of Aliens-State Employment Law

Topic added. Public entities must register with and use E-Verify or another employment verification system to verify the eligibility of their new employees beginning July 1, 2009. In addition, public employers may not enter into contracts with the state unless they register with and use a verification system to verify the work eligibility of a contractor's new eligibility. Title 63, Chapter 99a, Sections 63-99a-101 through 63-99a-104, as enacted by S.B. 81, L. 1008, effective July 1, 2009. ¶46-24,050.01 through ¶46-24,050.04.

Preemployment Inquiries Law

Governor Jon Huntsman Jr. signed Utah’s comprehensive immigration bill into law on March 13, 2008. The bill (S. 81), which has been compared to Oklahoma’s comprehensive Taxpayer and Citizen Protection Act of 2007 (H. 1804), was passed in the House on March 3 with the Senate approving House amendments made to the bill by a vote of 24-4. S. 81 was approved by the Utah Senate on February 25 in a 24-5 vote after the bill’s effective date was pushed back a year to July 1, 2009.

In a March 14 interview with CCH, the governor’s spokesperson, Lisa Roskelley, confirmed that Huntsman overall believes that the “federal government must address comprehensive immigration reform, but he believes that the Utah law is a good first step forward in the discussion.” She noted that with the bill’s effective date being July 1, 2009, there will be time for both Utah to prepare for law to go into effect and for the federal government to tackle immigration reform after the presidential elections.

Among the law’s employment-related provisions, public entities must register with and use E-Verify or another employment verification system to verify the eligibility of their new employees beginning July 1, 2009. E-Verify is a voluntary, Web-based system operated by US Citizenship and Immigration Services in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. In addition, public employers may not enter into contracts with the state unless they register with and use a verification system to verify the work eligibility of a contractor’s new eligibility.

Further, the law makes it a discriminatory practice for any employer to discharge a US citizen or legal permanent resident employee while retaining an illegal alien hired in a comparable position if the employer reasonably knows that the retained employee was undocumented. In addition, the law would require county sheriffs to make a reasonable effort to determine the citizenship status of a person confined to a county jail for a period of time and to verify the immigration status of a confined foreign national (S. 81, L. 2008, at UT ¶46-9000).

Veterans’ Preference in Public Employment Law

Topic added. Each government entity shall grant a veteran's preference upon initial hiring to each preference eligible veteran or preference eligible spouse in employment. Title 71, Chapter 10, Sections 71-10-1 through 71-10-3, as amended by Ch. 329 (H.B. 46), L. 2007, effective April 30, 2007. ¶46-21,750.01 through ¶46-21,750.03. 

Wage Payment Law

The state has enacted a law modifying provisions related to the payment of wages to address when wages can be withheld or diverted (S. 131, L. 2008, at UT ¶46-1200).

Veterans’ Preference in Public Employment Law

Topic added. In certification for appointment, in appointment, in employing, in retention of employment position, whether in classified or unclassified civil service, wherever state funds furnish the payroll, preference shall be given to veterans, spouses of veterans, disabled veterans and spouses of disabled veterans. Title 20, Part 4, Chapter 83, Section 1543. ¶47-21,750.01.

Workers' Compensation Law

Members of the Capitol Police serving in an off-duty capacity will be covered for purposes of workers' compensation (Ch. 109 (S. 615), L. 2008, at VA ¶48-4300).

Child Support Enforcement Law 

Any provisions of the Uniform Interstate Family Support Act that refer to marriage are now deemed to apply to domestic partnerships as well (H. 3104, L. 2008, at WA ¶49-5500).

Military and Emergency Services Leave Law

Governor Chris Gregoire has signed a law that allows more unpaid leave for military families before or during deployment. The legislation provides that during periods of military conflict, public and private employees are entitled to up to 15 days of unpaid leave before their spouse is deployed or while their spouse is on leave from deployment. The law also increases from 15 to 21 the number of days each year a state or local officer or employee who is a member of the Washington National Guard or Reserves is entitled to a military leave of absence from employment (S. 6447, L. 2007, enacted March 19, 2008, effective June 12, 2008, at WA ¶49-7200).

Military Family Leave Act

Topic added. During periods of military conflict, public and private employees are entitled to up to 15 days of unpaid leave before their spouse is deployed or while their spouse is on leave from deployment. The law is to be codified in the Revised Code of Washington at Title 49, and reads as enacted by S.B. 6447, L. 2007, Sections 1 through 3, effective June 12, 2008. ¶50-22,452.01 through ¶50-22,452.03.

Violence in the Workplace Law

The state has enacted a “deadly force” law clarifying that the use of reasonable and proportionate force, including deadly force, may be used against an intruder or attacker by one not engaged in unlawful activity in any place other than a home or residence where the person reasonably believes the intruder or attacker intends to kill or inflict serious bodily harm (S.
145, L. 2008, at WV ¶50-3300).

COBRA Law

Most health plans must continue to provide health coverage to dependents who are full-time students even if the student must leave school due to a medically necessary leave of absence. The plan may require medical documentation regarding the necessity of the leave of absence. The continued coverage must extend for up to one year from the date the leave begins, or until the student reaches the age at which coverage as a dependent who is a full-time student would otherwise end under the terms of the plan (Act 36 (A. 280), L. 2007, effective June 1, 2008, at WI ¶51-4200).

Veterans’ Preference in Public Employment Law

Topic added. Veterans, spouses of veterans, disabled veterans and spouses of disabled veterans are entitled to preference in public employment. Chapter 230, Section 230.16. ¶52-21,750.01.

Health Insurance Benefit Coverage Law

Effective July 1, 2008, Wyoming will require group health insurers and HMOs to cover routine care related to the insured’s participation in a clinical trial or study. The law details exceptions and definitions (Ch. 87 (S. 24), L. 2008, at WY ¶52-4000).

Veterans’ Preference in Public Employment Law

Topic added. In every public department and upon all public works in Wyoming, veterans, widows of veterans, disabled veterans and widows of disabled veterans shall be preferred for appointment or employment. Title 19, Chapter 14, Section 19-14-102. ¶53-21,750.01.