State Law Changes

May 31, 2007 Update

Discrimination Against Crime Victims Law

An employer who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a victim of a crime to leave work to obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim’s child. Title 35, Chapter 40, Section 13-4439, as amended by H.B. 2756, L. 2007, effective 90 days after the adjournment of the legislature. ¶3-21,050.01.

Jury Duty and Court Attendance Leave Law 

An employer who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a victim of a crime to leave work to obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim’s child. The effective date for this new requirement is 90 days after the Arizona legislature adjourns (H. 2756, L. 2007, at AZ ¶3-7100).

Minimum Wage Law

The Industrial Commission of Arizona has issued a “Substantive Policy Statement Regarding Application of Arizona Minimum Wage Act to Work Activities Performed by Individuals with Disabilities” (AZ ¶3-1000).

Workers’ Compensation Law

Insurers of Arizona employers may reduce premiums by up to five percent if the employer complies with drug testing policy requirements of state law, the employer conducts testing of prospective employees, the employer tests an employee following an injury, and the employer allows the workers’ compensation insurer to have access to the test results (H. 2405, L. 2007, at AZ ¶3-4300).

Additionally, Arizona will require insurers and claims processors to make a decision, within 30 days of accepting a claim or of receiving a bill involving an accepted claim, whether to deny or pay the medical bill; whether payment will be in whole or in part; and the amount to pay. The new law specifies what information a bill must contain and provides for the payment of interest on late payments (S. 1292, L. 2007, at AZ ¶3-4300).

New Hire Reporting Law

The state's new hire reporting form has been updated. Contact information has also been updated (AR ¶4-1600).

Minimum Wage Law

Effective June 30, 2007, Berkeley's living wage will increase to $11.77 per hour if the employer pays at least $1.96 per hour per employee towards an employee medical benefits plan. If the employer does not provide the employees with such a medical benefit plan, the employer must pay employees an hourly wage of not less than $13.73 (CA ¶5-1000).

Unemployment Insurance Law

Return and report information has been updated (CA ¶5-1700).

Anti-Bias Rules: Department of Personnel-State Employment

Disputes must be in writing and copies provided concurrently to the affected department. Use of the standard ``Colorado State Personnel System Consolidated Appeal/Dispute Form'' found on the Director's web site is required. 4 CCR 801-1, Chapter 8, Sections 8-78, 8-79, 8-94, 8-95, 8-96, 8-98 and 8-99, as amended effective July 1, 2007. ¶6-20,076.01, ¶6-20,076.02, ¶6-20,076.17 through ¶6-20,076.19, ¶6-20,076.21 and ¶6-20,076.21.

Criminal Background Checks Law

The department may acquire a name-based criminal history record check for an emergency medical technician applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable. Title 25, Article 3.5, Part 2, Section 25-3.5-203, as amended by Ch. 173 (H.B. 1294), L. 2007, effective April 26, 2007. ¶6-23,600.47.

Fair Employment Practices Law

Effective August 8, 2007, 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 (S. 75, L. 2007, at CO ¶6-2500).

Family leave-State Employees Rules

If currently a temporary, the employee must have worked 1250 hours within the 12 months prior to the date family leave will begin to be eligible. Time worked includes overtime hours and paid leave, but excludes any type of unpaid leave 4 CCR 801-1, Chapter 5, Section 5-25, as amended effective July 1, 2007. ¶6-22,500.03.

Recordkeeping/Posters Law

The state has updated the English version of its minimum wage poster (CO ¶6-9900).

Workers' Compensation Law

Colorado has authorized employers to designate at least two physicians or corporate medical providers from which an injured employee may select a treating doctor, effective January 1, 2008. Employees may obtain a one-time doctor change if certain criteria are met. The law retains the employee’s right to have a personal physician as the treating doctor (H. 1176, L. 2007, at CO ¶6-4300).

Military and Emergency Services Leave Law

Effective October 1, 2007, any state employee who is a certified disaster service volunteer of the American Red Cross may, with the authorization of such employee's supervisor, be granted a leave not to exceed 15 (currently, 14) days in each year to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross, without loss of pay, vacation time, sick leave or earned overtime accumulation (P.A. 07-3 (H. 5706), L. 2007, at CT ¶7-7200).

Unemployment Insurance Law

For 2007, Rate Schedule B applies in Hawaii. New employers pay 1.9% under this schedule, and rates range from 0.0% to 1.9% for positive-balance employers to 2.3% to 5.4% for negative-balance employers. Note that every employer other than an employer that has elected reimbursement financing or an employer assigned the minimum rate of zero or the maximum rate of 5.4% is also required to pay an employment and training fund assessment, which is 0.01% for 2007.

For 2007, the maximum weekly benefit amount for UI claimants is $475, and the maximum weekly benefit amount for TDI claimants is $476.

For 2007, the maximum weekly wage base is $820.26, and the maximum weekly deduction is $4.10 (HI ¶12-1700).

Criminal Background Checks Rules

Under the state's federal grant pilot program regarding criminal background checks, individuals with direct patient access in long term care settings will be required to pass a criminal history and background check as a condition of employment. IDAPA 16, Title 05, Chapter 05, Sections 004, 010, 101 and 102, as amended effective March 26, 2007. ¶13-23,650.05, ¶13-23,650.11, ¶13-23,650.32 and ¶13-23,650.33.

Individuals who provide care or services for children and vulnerable adults are required to undergo a criminal history check. IDAPA 16, Title 05, Chapter 06, Sections 000 through 350, as amended temporary, effective Jan. 1, 2007, extended by the 2007 legislature by SCR 120, L. 2007, effective March 22, 2007. ¶13-23,650.51 through ¶13-23,650.164.

Veterans’ Preference in Public Employment Rules

The rules for enforcement of veterans' preference in public employment to containing procedures public employers may implement for an internal process which must be exhausted prior to a petitioner gaining access to the courts to contest a public employer’s application of the veterans' preference in public employment were adopted as final. ¶13-21,800.01 through ¶13-21,800.20.

Affirmative Action in State Employment Law

The definition of “state agency” was amended to exclude any state educational institution. Title 4, Article 15, Chapter 12, Section 4-15-12-1, as amended by S.B. 526, L. 2007, effective July 1, 2007. ¶15-23,400.

Discrimination Against Persons with a Disability Law

References to “disabled persons” were changed to “persons with a disability”. Title 22, Article 9, Chapter 5, Section 22-9-5-6, as amended by P.L. 99 (S.B. 94), L. 2007, effective May 2, 2007. ¶15-20,750.06.

Minimum Wage Law

On May 4, 2007, Indiana Governor Mitch Daniels signed legislation that automatically ties Indiana's minimum hourly wage rate to any future increases in the federal rate. With limited exceptions, the law provides that every employer who has two or more persons employed in any workweek beginning on or after June 30, 2007, must pay not less than the minimum wage rate established under the federal Fair Labor Standards Act of 1938, as amended. The state's training wage is also tied to federal rate increases (H. 1027, L. 2007, at IN ¶15-1000).

Wage Payment Law

The state has enacted a law requiring employers to pay all wages earned to a date not more than ten business days before the payment date (S. 276, L. 2007, at IN ¶15-1200).

AIDS Confidentiality Law

Release may be made of medical or epidemiological information for statistical purposes in a manner such that no individual person can be identified. Title IV, Subtitle 2, Chapter 141A, Section 141A.9, as amended by H.B. 610), L. 2007, effective July 1, 2007. ¶16-22,250.01.

Fair Employment Practices Law

Effective July 1, 2007, 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 (S. 427, L. 2007, at IA ¶16-2500).

Wage Payment Law

The state has amended its wage payment law with respect to acceptable methods of payment, specifically including electronic funds transfer and payroll cards (H. 2316, L. 2007, at KS ¶17-1200).

Unemployment Insurance Law

For 2007, the contribution rate of an eligible experience-rated employer can range from 0.10% to 6.20%. The rates payable by new employers in 2007 range from 1.08% to 2.82% (LA ¶19-1700).

AIDS Confidentiality in Testing Law

The employment status of any health care employee may not be affected or changed, if the employee declines to be tested. Title 5, Part 23, Chapter 501, Section 19204-B, as amended by P.L. 93 (H.B. 345), L. 2007, effective Aug. 8, 2007. ¶20-22,250.02.

Disability Law

Effective October 1, 2007, provisions pertaining to accessibility and housing are repealed, enacted and recodified (Ch. 3 (S. 6), L. 2007, at MD ¶21-2600). Also, individuals with discrimination claims under state law will be permitted to litigate those claims in state court (Ch. 176 (S. 678), L. 2007, at MD ¶21-2600).

Equal Employment Opportunity in State Employment, E.O. 01.01.2007.09—Topic added.

Discrimination on the basis of age, ancestry, color, creed, genetic information, martial status, mental or physical disability, national origin, race, religious affiliation, belief, or opinion, sex or sexual orientation in state employment is prohibited. In addition, state departments are required to provide leadership and training to managers, supervisors and other employees in fair employment practices. Executive Order 01.01.2007.09, as signed by Governor Martin O'Malley on May 15, 2007, effective immediately. MD ¶21-23,300.01.

Fair Employment Practices Act

Effective Oct. 1, 2007, employees with discrimination claims under state law will be permitted to litigate those claims in state court. The Act would only apply to any cause of action arising after Oct. 1, 2007 Article 49B, Sections 11 through 11D, as amended and enacted by Ch. 176 (S.B. 678), L. 2007. ¶21-20,025.11 through ¶21-20,025.11D.

Minimum Wage Law

On May 8, 2007, Maryland Governor Martin O'Malley signed legislation that will require payment of a “living wage” to employees contracted to work on certain state procurement contracts. State government contractors and subcontractors will be required to pay employees $11.30 an hour in certain urban areas and $8.50 per hour in rural areas. The legislation also provides for annual adjustments to the living wage rates based on annual average increases or decreases, if any, in the Consumer Price Index for the Washington-Baltimore metropolitan area, or any successor index, for the previous calendar year (Ch. 284 (H. 430), L. 2007, effective October 1, 2007, at MD ¶21-1000).

Preemployment Inquiries Law 

The state has amended its law with respect to background checks of volunteers working in child and family day care facilities, effective October 1, 2007 (Ch. 521 (S. 152), L. 2007, at MD ¶21-9000).

Smoking in the Workplace Law

The governor has signed the Clean Indoor Air Act of 2007, prohibiting a person from smoking tobacco products in indoor areas open to the public and places of employment. The main provisions of the new law take effect February 1, 2008 (Ch. 502 (H. 359), L. 2007, at MD ¶21-2700).

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).

Unemployment Insurance Law

Rate information has been updated (MI ¶23-1700).

Health Insurance Benefit Coverage Law

Group insurers that provide coverage to Minnesota residents will be required to provide coverage for routine screening procedures for cancer, including colorectal screening tests for men and women, when ordered or provided by a physician in accordance with the standard practice of medicine (Ch. 66 (S. 1705), L. 2007, at MN ¶24-4000).

Wage Payment Law

Minnesota law governing payroll card accounts, originally set to expire on May 31, 2007, has been extended to May 31, 2008. This provision of the Minnesota Fair Labor Standards Act allows for agreements whereby employers are to pay each participating employee’s wages by making an electronic funds transfer to a payroll card account and the participating employee receives a payroll card to access the funds (Ch. 158 (S. 2093), L. 2005, amended by Ch. 87 (S. 1495), L. 2007, effective May 19, 2007, at MN ¶24-1200).

Employment of Aliens-Public Contracts (E. O. 07-13)—Topic added.

State agencies are required to audit all of the contractors doing business with the state to ensure that the current employees of those contractors are legally eligible to work within the United States. Each agency shall collect the information required to make such a determination and verify its accuracy. If the state determines that a current contractor employs any persons who are not eligible to work in the United States in violation of Federal law, the state may lawfully terminate the contract and suspend or debar the contractor from doing business with the State of Missouri. E.O. 07-13, signed by Governor Matt Blunt, March 6, 2007. ¶26-24,050.

Access to Personnel Files Law

Effective May 11, 2007, the Administrative Rules of Montana have been amended with respect to state employees' access to their personnel records (MT ¶27-8500).

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

State employees are to have access to all of his or her employee personnel records, and may file a written response to information contained in employee personnel records which becomes a permanent part of the record. Title 2, Chapter 21, Subchapter 66, Sections 2.21.6605 through 2.21.6611, as amended effective May 11, 2007. ¶27-23,750.01 through ¶27-23,750.04.

Breastfeeding Rights in Public Employment Law—Topic added.

All state and county governments, municipalities, and school districts and the university system must have a written policy supporting women who want to continue breastfeeding after returning from maternity leave. It will also be an unlawful discriminatory practice for any public employer: (1) to refuse to hire or employ or to bar or to discharge from employment an employee who expresses milk in the workplace; or (2) to discriminate against an employee who expresses milk in the workplace in compensation or in terms, conditions, or privileges of employment, unless based upon a bona fide occupational qualification. Title 39, Chapter 2, Part 2, sections not yet assigned, as enacted by S.B. 89, L. 2007, Sections 1 through 3, effective Oct. 1, 2007. ¶27-22,651.01 through ¶27-22,651.03.

Criminal Background Checks Law

Law enforcement officers and reserve officers are required to submit a set of fingerprints and undergo a criminal background check. Title 7, Chapter 32, Sections 7-32-213, as amended by Ch. 61 (S. B. 40), L. 2007, effective Oct. 1, 2007. ¶27-23,600.31.

Health Insurance Benefit Coverage Law

Effective January 1, 2008, a health insurance issuer that issues or renews a group health insurance policy, certificate, or membership contract under which an individual's or employee's dependents are eligible for coverage may not terminate coverage on the basis of the age of an unmarried dependent prior to the dependent reaching 25 years of age (S. 419, L. 2007, at MT ¶27-4000).

Human Rights Act

The procedures for the filing and processing of discrimination complaints were revised and clarified. The Department of Labor and Industry was added as a party of interest in temporary injunction provisions and in provisions for enforcement petitions for orders and conciliation agreements. In addition, procedures for the review of department action by the human rights commission were clarified. Title 49, Chapter 2, Part 5, Sections 49-2-501 through 49-2-510, as amended by Ch. 28 (H.B. 76), L. 2007, effective July 1, 2007. ¶27-20,030.501 through ¶27-20,030.510.

Meal and Rest Periods Law

Effective October 1, 2007, all state and county governments, municipalities, and school districts and the university system must have a written policy supporting women who want to continue breastfeeding after returning from maternity leave. At a minimum, the policy must identify the means by which an employer will make available a space suitable for breastfeeding and breast pumping for a lactating employee. The space does not need to be fully enclosed or permanent, but must be readily available during the term that the employee needs the space. A toilet stall is not an acceptable space.

It will also be unlawful for a public employer to discriminate against an employee who expresses milk in the workplace, and the law contains specific provisions relating to break time for lactating employees (S. 89, L. 2007, at MT ¶27-1400).

Workers' Compensation Law

Montana is exempting athletes engaged in contact sports from coverage of the workers’ compensation law. Contact sports include football, hockey, roller derby, rugby, lacrosse, wrestling and boxing or other sports that involve significant physical contact among the athletes (H. 785, L. 2007, at MT ¶27-4300).

Access to Personnel Files Law

Public records provisions regarding job application materials have been revised (L.B. 389, L. 2007, at NE ¶28-8500).

Wage Payment Law

The state has amended its Wage Payment and Collection Act to provide for unpaid wages constituting commissions. Employment contract provisions have also been amended (L.B. 255, L. 2007, at NE ¶28-1200).

Minimum Wage Law

New Hampshire's minimum wage law has been amended to increase the minimum wage from the current $5.15 an hour to $6.50 per hour on September 1, 2007. The state minimum wage will increase again to $7.25 on September 1, 2008. Note, however: New Hampshire law provides that if the federal minimum wage rate is higher than the state's rate, the federal rate applies. Since the federal minimum wage will increase to $5.85 per hour on July 24, 2007, New Hampshire will follow the federal rate of $5.85 per hour until September 1, 2007 (Ch. 24 (H. 514), L. 2007, enacted May 3, 2007; and Public Law 110-28 (H.R. 2206), L. 2007, signed into law May 25, 2007, at NH ¶30-1000). 

Effective July 2, 2007, “tipped” employees will be classified as those employed by a restaurant, hotel, motel, inn or cabin who customarily and regularly receive more than $30 a month in tips directly from customers. Employers will be required to pay tipped employees a base rate of no less than 45 percent of the applicable minimum wage rate. If at the end of a pay period the actual amount of combined wages received do not at least equal the minimum wage, the employer must pay the employee the difference to guarantee the applicable minimum wage (Ch. 24 (H. 514), L. 2007, enacted May 3, 2007, at NH ¶30-1000).

New Hire Reporting Law

The state has amended its new hire reporting law to specify which rehired individuals shall be included in the state directory of new hires. This law takes effect July 20, 2007 (Ch. 50 (S. 200), L. 2007, at NH ¶30-1600).

Family, Medical, and Parental Leaves Law

The New Jersey Administrative Code has been amended with respect to rules pertaining to the New Jersey Family Leave Act (NJ ¶31-7000).

Recordkeeping/Posters Law

The state has revised the English versions of its discrimination posters (employment, housing and public accommodations), and the Spanish versions of these posters have been added. Also, the English version of the state's family medical leave poster has been updated, and the Spanish version has been added (NJ ¶31-9900).

Bone Marrow and Organ Donor Act—Topic added.

The person in charge of a state agency may grant a leave of absence, not to exceed 20 days, to a state agency employee for the purpose of donating an organ or bone marrow. An employee may request and use donated annual leave or sick leave for the purpose of donating an organ or bone marrow. If an employee requests donations of sick leave or annual leave but does not receive the full amount of leave needed for the donation of an organ or bone marrow, the person in charge of a state agency may grant a paid leave of absence for the remainder of the needed leave up to the maximum total of 20 workdays. The person in charge of a state agency may require verification by a physician regarding the purpose of the leave requested and information from the physician regarding the length of the leave requested. The law is to be codified in the New Mexico Statutes Annotated and reads as enacted by Ch. 159 (H.B. 590), L. 2007, Sections 1 through 3, effective July 1, 2007. ¶32-22,950.01 through ¶32-22,950.03.

Child Support Enforcement Law

The state's Mandatory Medical Support Act has been amended with respect to employer obligations (Ch. 165 (H. 694), L. 2007, at NM ¶32-5500).

Drug Testing Law

New Mexico has enacted a law requiring motor carriers to have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. Part 382 or be a member of a consortium that provides testing that meets the requirements of 49 C.F.R. Part 382. This law takes effect June 15, 2007 (Ch. 151 (H. 425), L. 2007, at NM ¶32-8600).

Family, Medical and Parental Leaves Law

Effective July 1, 2007, the person in charge of a state agency may grant a leave of absence, not to exceed 20 days, to a state agency employee for the purpose of donating an organ or bone marrow. An employee may request and use donated annual leave or sick leave for the purpose of donating an organ or bone marrow. If an employee requests donations of sick leave or annual leave but does not receive the full amount of leave needed for the donation of an organ or bone marrow, the person in charge of a state agency may grant a paid leave of absence for the remainder of the needed leave up to the maximum total of 20 workdays. The person in charge of a state agency may require verification by a physician regarding the purpose of the leave requested and information from the physician regarding the length of the leave requested. Any paid leave of absence granted for these purposes shall not result in a loss of compensation, seniority, annual leave, sick leave or accrued overtime for which the employee is otherwise eligible (Ch. 159 (H. 590), L. 2007, at NM ¶32-7000).

Health Insurance Benefit Coverage Law

Effective July 1, 2007, group insurers and HMOs will be required to provide coverage for hospitalization and general anesthesia provided in a hospital or ambulatory surgical center for dental surgery under specified circumstances (Ch. 218 (S. 776), L. 2007, at NM ¶32-4000).

Also effective July 1, 2007, group insurers and HMOs must provide coverage for a hearing aid and any related service for the full cost of one hearing aid per hearing-impaired ear up to $2,200 every 36 months for hearing aids for insured children under 18 years of age or under 21 years of age if still attending high school. The insured may choose a higher priced hearing aid and may pay the difference in cost above the $2,200 limit without financial or contractual penalty to the insured or to the provider of the hearing aids (Ch. 356 (S. 529), L. 2007, at NM ¶32-4000).

The state has also mandated that group insurers and HMOs provide coverage for the HPV vaccine for girls aged nine to 14 (Ch. 278 (S. 407), L. 2007, at NM ¶32-4000).

Workers' Compensation Law

New Mexico will consider an unpaid health professional, including a pharmacist, who is deployed by the Department of Health to respond to a declared emergency, to be a public employee for purposes of the workers’ compensation law, regardless of whether the health professional is deployed within the state or outside (H. 765, L. 2007, at NM ¶32-4300).

Recordkeeping/Posters Law

The state has revised the English and Spanish versions of its workplace laws poster (NC ¶34-9900).

Criminal Background Checks Law

The provision pertaining to the licensing of foster homes and their personnel were amended. Title 50, Chapter 50-11, Sections 50-11-02 through 50-11-02.2, 50-11-02.4, 50-11-06.8, and 50-11.06.9, as amended by S.B. 2260, L. 2007, effective April 30, 2007. ¶35-23,600.14 through ¶35-23,600.16.

Employees of specified 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 S.B. 2260, L. 2007, effective April 30, 2007. ¶35-23,600.51.

Fair Employment Practices Act

For the purpose of thoroughly investigating a discrimination complaint, the department may require the attendance of a witness and the production of a book, record, document, data, or other object at any hearing or with reference to any matter the department has the authority to investigate. If a witness fails or refuses to appear or to produce, the department may issue a subpoena to compel the witness to appear or a subpoena duces tecum to compel the witness to appear and produce a relevant book, record, document, data, or other object. Title 14, Chapter 14-02.4, Section 14-02.4-22, as amended by S.B. 2076, L. 2007, effective Aug. 1, 2007. ¶35-20,025.22.

Veterans’ Preference-Public Employment Law

If a veteran or a qualified veteran's spouse is not given the preference in public employment, the applicant is entitled to immediate employment in the position for which application was originally made, or an equivalent position, together with backpay and benefits from the date the appointment should have been made less amounts otherwise earnable through due diligence. Title 37, Chapter 37-19.1, Sections 37-19.1-01, 37-19.1-02 and 37-19.1-04, as amended by S.B. 2353, L. 2007, effective Aug. 1, 2007. ¶35-21,750.01, 35-21,750.02¶35-21,750.02 and ¶35-21,750.04.

Recordkeeping/Posters Law

The state has revised its minimum wage poster (OH ¶36-9900).

Sexual Orientation Discrimination Law

On May 17, 2007, Ohio Governor Ted Strickland signed Executive Order 2007-10S, banning discrimination on the basis of sexual orientation or gender identity in state employment (Executive Order 2007-10S, at OH ¶36-3100).

Sexual Orientation Discrimination in State Employment (E.O. 2007-10S)—Topic added.

On May 17, Governor Ted Strickland signed executive order 2007-10S banning discrimination on the basis of sexual orientation or gender identity in state employment. Under the order, no person employed by a Cabinet agency or by a State of Ohio Board or Commission may discriminate on the basis of sexual orientation or gender identity in terms of employment, compensation, and eligibility for training programs Executive Order 2007-10S, signed May 17, effective immediately. ¶36-20,450.01.

Drug Testing Law

The state's Standards for Workplace Drug and Alcohol Testing Act has been amended. An employer's written drug and/or alcohol testing policy must be uniformly applied to those covered by the policy, and must include substances that may be tested, including, until November 1, 2007, the brand or common name, if any, and the chemical name of any drug or its metabolite to be tested. Effective November 1, 2007, to comply with the provisions of this paragraph, it shall be sufficient for an employer to state in the written policy that the substances tested shall be for drugs and alcohol as defined in the Standards for Workplace Drug and Alcohol Testing Act, including controlled substances approved for testing by rule by the State Commissioner of Health (S. 1028, L. 2007, at OK ¶37-8600).

Employment of Aliens in Public Employment—Topic added.

Public employers, including contractors and subcontractors, to verify work authorization of all new employees beginning July 1, 2008. Contractors are required to register and participate in the Status Verification System to verify the work eligibility of all new employees. In addition, it would be discriminatory for an employer to discharge a legal U.S. resident working in Oklahoma while retaining an illegal immigrant hired after July 1, 2008, in a comparable job. An employer would have to prove that it was currently enrolled in and used the Basic Pilot Program or other electronic status verification system to be exempt from liability. Title 25, Sections 1312 and 1313, as enacted by H.B. H.B 1804, L. 2007, effective Nov. 1, 2007. ¶37-24,050.01 and ¶37-24,050.02.

Rules for Fair Employment Practices Appointments-State Employment

Affirmative action plans for agencies authorized 15 or more full-time-equivalent employees shall include an analysis of the number of minorities and females available to the workforce of the agency. Title 530, Chapter 10, Subchapter 3, Part 3 Sections 530:10-3-33.6 and 530:10-3-33.7, as amended effective May 11, 2007. ¶37-20,075.336 and ¶37-20,075.337.

If an agency has failed to make significant progress toward affirmative action goals or has a pattern of noncompliance with affirmative action goals, the Administrator may require the development training programs to enhance promotability of minorities within agencies and supervisory training in equal employment opportunity employment, affirmative action, managing workplace diversity. Title 530, Chapter 10, Subchapter 3, Part 5 Section 530:10-3-54, as amended effective May 11, 2007. ¶37-20,075.54.

Rules for Family and Medical Leave-State Employment

If FMLA qualifying leave is paid with a state employee’s accrued compensatory time, the time shall not be charged against the employee’s 12-week FMLA entitlement. Title 530, Chapter 10, Subchapter 15, Section 530:10-15-45, as amended effective May 11, 2007. ¶37-22,500.01.

Unemployment Insurance Law

An employee discharged on the basis of a refusal to undergo drug or alcohol testing or a confirmed positive drug or alcohol test conducted in accordance with the provisions of the Standards for Workplace Drug and Alcohol Testing Act shall be considered to have been discharged for misconduct connected with work under Oklahoma law. Effective November 1, 2007, in any claim brought by the discharged employee for compensation, a copy of the drug or alcohol test shall be accepted as prima facie evidence of the administration and results of the drug or alcohol test (S. 1028, L. 2007, at OK ¶37-1700).

Disability Law

References to “disabled persons” were changed to “persons with a disability” in the statutes, effective January 1, 2008 (S. 83, L. 2007, at OR ¶38-2600).

Fair Employment Practices Act

Oregon Governor Ted Kulongoski signed into law May 9 legislation to prohibit discrimination based on sexual orientation or gender identity. Under the “Oregon Equality Act,” employers, employment agencies and labor organizations are prohibited from discriminating on the basis of sexual orientation in terms of employment, compensation, membership, and job referrals, unless in employment or job referrals there is a bona fide occupational qualification reasonably necessary to the normal operation of an employer's business. The law also does not prohibit an employer from enforcing an otherwise valid dress code or policy, as long as the employer provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual. Title 51, Chapter 659A, Sections 659A.003, 659A.006, 659A.030, 659A.805, 659A.815, 659A.885, as amended by S.B. 2, L. 2007, effective Jan. 1, 2008. ¶38-20,025.003, ¶38-20,025.006, ¶38-20,025.030, ¶38-20,025.805, 38-20,025.815¶38-20,025.815 and ¶38-20,025.885.

References to "disabled persons" were changed to "persons with a disability" in the statutes. Title 51, Chapter 659A, Sections 659A.100, 659A.103, 659A.112 through 659A.118, 659A.130 through 659A.136, and 38-20,025.142 as amended by S.B. 83, L. 2007, effective Jan. 1, 2008). ¶38-20,025.100, ¶38-20,025.103, ¶38-20,025.112 through ¶38-20,025.118, ¶38-20,025.130 through ¶38-20,025.136, and 38-20,025.142¶38-20,025.142.

Fair Employment Practices Law

The state has enacted a law prohibiting employment discrimination against persons based on sexual orientation. The law will take effect January 1, 2008 (S. 2, L. 2007, at OR ¶38-2500).

Sexual Orientation Discrimination Law

The Oregon Family Fairness Act, signed into law on May 9, 2007, and effective
January 1, 2008, will create domestic partnerships - civil contracts between adults of the same sex. This law may impact employers in the areas of discrimination and benefits, especially family medical leave and health insurance (H.B. 2007, L. 2007, at OR ¶38-3100).

Unemployment Insurance Law

Rate information has been updated (TN ¶44-1700).

Criminal Background Checks Law

The guardianship certification board is entitled to obtain from the department criminal history record information maintained by the department hat relates to a person who is an applicant for or the holder of a certificate issued by the board (Title 4, Subtitle B, Chapter 411, Subchapter F, Section 411.1406, as enacted by S.B. 505, L. 2007). ¶45-23,601.12.

Recordkeeping/Posters Law

Effective September 1, 2007, alcoholic beverage retailers, other than holders of a food and beverage certificate, shall display a sign containing the following notice in English and in Spanish: “WARNING: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous.”

The sign must be at least 8-1/2 inches high and 11 inches wide and displayed in a conspicuous manner clearly visible to the public and employees of the permit or license holder. The English notice must cover approximately two-thirds of the sign, and the Spanish notice must cover approximately one-third of the sign (S. 1287, L. 2007, at TX ¶45-9900).

Fair Employment Practices Law/Sexual Orientation Discrimination Law

Effective July 1, 2007, 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 assigned gender at birth. In addition to banning workplace discrimination on the basis of gender identity, the law bans gender identity discrimination in public accommodations, housing, insurance, and credit services (S. 51, L. 2007, at VT ¶47-2500 and VT ¶47-3100).

Criminal Background Checks Law

Upon receiving a copy of a writ vacating a conviction, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Title 19.2, Chapter 23.1, Section 19.2-392.2, Ch. 883 (S.B. 2959) and Ch. 905 (S.B. 880), L. 2006, effective July 1, 2007). ¶49-23,601.12.

Discrimination in Public Contracts Law

In the solicitation or awarding of contracts, no public body shall discriminate against a bidder or offeror because of status as a service disabled veteran. The Department of Minority Business Enterprise shall make information on service disabled veteran-owned procurement available to the Department of Veterans Services upon request. Title 2.2, Subtitle II, Part B, Chapter 43, Section 2.2-4310, as amended by Ch. 787 (S.B. 1145), L. 2007, effective July 1, 2007. ¶49-23,301.01.

Comparable Worth and Affirmative Action in Higher Education and State Service Law

Rules establishing guidelines for policies, procedures, and mandatory training programs on sexual harassment for state employees are to be adopted by state agencies. Title 41, Chapter 41.06, Section 41.06._, as enacted by Ch. 76 (S.B. 5118), L. 2007, effective July 22, 2007. ¶50-23,200.035.

Discrimination and Sexual Harassment in State Employment—Topic added.

The inclusion of any question relative to an applicant's race or religion in any application form for state employment is prohibited. Also, state agencies are required to update or develop and disseminate policies that define and prohibit sexual harassment in the workplace. Title 43, Chapter 43.01, Section 43.01.100 and a section not yet assigned, as enacted by Ch. 76 (S.B. 5118), L. 2007, effective July 22, 2007. ¶50-20,026.01 and ¶50-20,026.02.

Fair Employment Practices Law

The Washington Law Against Discrimination has been amended by adding a detailed definition of “disability” (S. 5340, L. 2007, at WA ¶49-2500).

Family Leave Law

Washington Governor Christine Gregoire on May 8 signed legislation providing for up to five weeks of paid family leave at up to $250 per week for employees in the state beginning October 1, 2009. The law is to be codified as part of Title 49, and reads as enacted by S.B. 5659, L. 2007, Sections 3 through 18, effective July 1, 2008. ¶50-22,451.01 through ¶50-22,451.16.

Family, Medical and Parental Leaves Law

The state has enacted a paid family leave law ("Family Leave Insurance Program”), effective July 1, 2008. Benefits will not actually be payable until October 1, 2009. Leave will be limited to leave for the birth and care of a child of an employee or leave because of the placement of a child with an employee for adoption (S. 5659, L. 2007, at WA ¶49-7000).

Law Against Discrimination

The definition of “disability” has been clarified. "Disability" means the presence of a sensory, mental, or physical impairment that: (1) is medically cognizable or diagnosable; or (2) exists as a record or history; or (3) is perceived to exist whether or not it exists in fact. Title 49, Chapter 49.60, Section 49.60.040, as amended by S.B. 5340, L. 2007, effective July 22, 2007. ¶50-20,025.40.

Preemployment Inquiries Law

The state has enacted a consumer privacy law prohibiting the procurement of a consumer credit report for employment purposes where any information contained in the report bears on the consumer's credit worthiness, credit standing, or credit capacity, unless the information is substantially job related and the employer's reasons for the use of such information are disclosed to the consumer in writing or required by law (Ch. 93 (S. 5827), L. 2007, at WA ¶49-9000).

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).

The state has also repealed the expiration for the provision which allows advanced registered nurse practitioners to treat injured workers covered by workers’ compensation (H. 1666, L. 2007, at WA ¶49-4300).