State Law Changes

A C D F G H I K L M N O P R S T U V W

CCH® State Law Changes are updated at least semi-monthly. They are brief summaries of information contained in Human Resources Management State Employment Law and Employment Practices Guide, CCH InternetSM Research Network™ IRN) subscription products. You must be a subscriber to these products to access the IRN links in the monthly compilations.

October 14, 2005 Update
Alabama Top of Page
No Updates as of October 14, 2005
Alaska Top of Page
Alaska Access to Personnel Files Law
Topic added. A state employee has the right to examine the employee's own personnel files and may authorize others to examine those files. Title 39, Chapter 25, Article 1, Section 39.25.080. ¶2-23,700.02.
Arizona Top of Page
No Updates as of October 14, 2005
Arkansas Top of Page
Arkansas Access to Personnel Records
Public Employment Law—Under Arkansas' Freedom of Information Act, personnel and evaluation records must be made available to the person about whom the records are maintained or to that person's designated representative. Title 25, Chapter 19, Subchapter 1, Section 25-19-105, as amended by Act 259 (S.B. 200), L. 2005, effective July 1, 2005 and Act 2003 (S.B. 1065), L. 2005, effective Aug. 12, 2005. ¶4-23,700.01.
California Top of Page
California Unruh Civil Rights Act
The act has been amended to prohibit discrimination on the basis of marital status or sexual orientation. Civil Code, Division 1, Part 2, Sections 51, 51.5, and 51.8, as amended by Ch. 420 (A.B. 1400), L. 2005, effective Jan. 1, 2006. ¶5-20,026.01, ¶5-20,026.05 and ¶5-20,026.08. 

Drug Testing Law
The state has enacted a law requiring drug testing of school transportation vehicle drivers (Ch. 324 (A. 1052), L. 2005, at CA ¶5-8600).

Military and Emergency Services Leave Law
The state has clarified that, with regard to state employees who are members of the California National Guard or a U.S. military reserve organization, "military pay and allowances" does not include hazardous duty pay, hostile fire pay, or imminent danger pay (Ch. 287 (A. 276), L. 2005, at CA ¶5-7200).

Preemployment Inquiries Law
The Department of Managed Health Care will be required to obtain fingerprint images and associated information from any prospective employee whose duties would include access to medical information (Ch. 339 (A. 1517), L. 2005, at CA ¶5-9000).
Colorado Top of Page
Colorado Access to Personnel Files-Public Employees Law—Topic added 
Under Colorado's public records law, personnel files must be made available for inspection to employees and to the elected and appointed public officials who supervise their work. Title 24, Article 72, Part 2, Section 24-72-204. ¶6-23,700.01. 

Unemployment Insurance Law
Tax rate information has been updated (CO ¶6-1700).
Connecticut Top of Page
No Updates as of October 14, 2005
Delaware Top of Page
Unemployment Insurance Law
Each employer liable for payments to the Delaware Unemployment Compensation Fund is also liable for a special assessment that will be levied at the rate of 0.15% on all taxable wages (DE ¶8-1700).
D.C. Top of Page
No Updates as of October 14, 2005
Florida Top of Page
COBRA Law
The Florida Health Insurance Coverage Continuation Act has been amended with respect to deadlines for notice to insurance carriers (Ch. 2005-231 (H. 811), L. 2005, at FL ¶10-4200).

Minimum Wage Law
Florida's minimum wage will increase to $6.40 per hour effective January 1, 2006 (Florida Agency for Workforce Innovation News Release,September 30, 2005, at FL ¶10-1000).
Georgia Top of Page
Recordkeeping/Posters Law
The English versions of the state's panel of physicians (workers' compensation) poster and bill of rights for the injured worker poster have been updated (GA ¶11-9900).
Hawaii Top of Page
No Updates as of October 14, 2005
Idaho Top of Page
Smoking in the Workplace Law
Governor Dirk Kempthorne has signed Executive Order No. 2005-10, which provides that all state-owned or state-leased buildings, facilities, or areas occupied by state employees shall be designated as "nonsmoking." There are exceptions for custodial care and full-time residential facilities. This order replaces Executive Order No. 2000-01 (Executive Order No. 2005-10, September 7, 2005, at ID ¶13-2700).
Illinois Top of Page

Garnishment Law
Illinois has amended its garnishment law so that the maximum amount of wages subject to garnishment is the lesser of (1) 15% of the gross income paid for the week, or (2) the amount by which disposable earnings exceed 45 times the federal minimum wage or, for wage deduction orders issued after January 1, 2006, 45 times the state minimum wage, whichever is greater (S. 1752, L. 2005, at IL ¶14-5600).

Voting Leave Law
The state has amended its election laws to add a provision for time off from work for election judges. Also, the law relating to leave from work for employees voting in general or special elections has been amended (H. 1968, L. 2005, at IL ¶14-7300).
Indiana Top of Page
No Updates as of October 14, 2005
Iowa Top of Page
No Updates as of October 14, 2005
Kansas Top of Page
Maximum Hours Law
The state has authorized the Division of Emergency Management to declare a state of emergency for purposes of hours of service of drivers of utility service vehicles under certain circumstances (Ch. 65 (H. 2461), L. 2005, at KS ¶17-1300).
Kentucky Top of Page
No Updates as of October 14, 2005
Louisiana Top of Page
Health Insurance Benefit Coverage Law
The state has enacted a law clarifying coverage of chiropractic services by HMOs (Act 395 (H. 882), L. 2005, at LA ¶19-4000).

Recordkeeping/Posters Law
Louisiana business establishments that have 20 or more full-time or part-time employees must now notify new employees, whose anticipated wages are $35,000 or less annually, that they may be eligible for the federal Earned Income Tax Credit (EITC) or the Advance Earned Income Credit (AEIC), and may either apply for the credit on their tax returns or receive the credit in advance payments during the year. Any written notice provided to the employer by the IRS or the Louisiana Department of Labor for this purpose shall be provided to such employees at the time of hiring. Employers shall post, in the same location where other employee notices required by state or federal law are posted, a notice provided by the Louisiana Department of Labor that states the employer requirements described just above (Act No. 322 (S. 57), L. 2005, at LA ¶19-9900).
Maine Top of Page
Smoking in the Workplace Law
The state has enacted a law to clarify the smoking ban for off-track betting facilities (Ch. 362 (H. 815), L. 2005, at ME ¶20-2700).
Maryland Top of Page
Minimum Wage Law
The living wage rate for Montgomery County is $11.15 per hour through June 30, 2006 (MD ¶21-1000).
Massachusetts Top of Page
Massachusetts Organ Donation Leave, Public Employment Law
An employee of the commonwealth, county, city or town are permitted to take a leave of absence of not more than 30 days in a calendar year to serve as an organ donor, without loss of or reduction in pay, leave or loss of credit for time or service. Chapter 149, Section 33E, as enacted by Chapter 99 (H.B. 476), L. 2005, effective Dec. 28, 2005. MA ¶22-950.01 

Family, Medical and Parental Leaves Law
The state has enacted a law providing for state employees to take leave from work to serve as organ donors (Ch. 99 (H. 476), L. 2005, at MA ¶22-7000).
Michigan Top of Page
Minimum Wage Law
The current living wage rates for Ann Arbor are $9.68 per hour with benefits and $11.21 per hour if benefits are not provided. Also, the current living wage rates for Eastpointe are $9.68 per hour with benefits and $12.10 per hour if benefits are not provided (MI ¶23-1000).

Preemployment Inquiries Law
The state's criminal background check law with respect to certain school employees has been amended (P.A. 129 (H. 4402), L. 2005, at MI ¶23-9000).

Recordkeeping/Posters Law
The Washtenaw County living wage poster has been updated (MI ¶23-9900).
Minnesota Top of Page
No Updates as of October 14, 2005
Mississippi Top of Page
Preemployment Inquiries Law
The state has enacted a law prohibiting child care service employers from utilizing sex offenders as employees or volunteers (Ch. 450 (S. 2053), L. 2005, at MS ¶25-9000).
Missouri Top of Page
No Updates as of October 14, 2005
Montana Top of Page
Recordkeeping/Posters Law
The state's employment discrimination poster has been updated (MT ¶27-9900).
Nebraska Top of Page
Unemployment Insurance Law
The term "wages" does not include remuneration for service performed in the employ of any state in the exercise of duties as a member of the Army National Guard or Air National Guard or in the employ of the United States of America as a member of any military reserve unit.

For any benefit year beginning on or after January 1, 2006, through December 31, 2007, an individual's weekly benefit amount shall be one-half of his or her average weekly wage rounded down to the nearest even whole dollar amount, but may not exceed $288.

For any benefit year beginning on or after January 1, 2006, an unemployed individual is not eligible for benefits unless he or she was paid wages for covered employment of not less than $2,500 (formerly, $1,600) within the base period. To qualify for a subsequent benefit year, the individual must have earned wages in insured work of at least six times (formerly, four weeks) his or her weekly benefit amount for the previous benefit year.

No benefits may be paid to an individual for a period of 12 weeks (formerly, seven to 10 weeks) immediately following any week of unemployment if the individual was discharged for misconduct connected with work or has failed, without good cause, to apply for available suitable work when so directed or accept suitable work when so offered.

Significant changes have been made to the Nebraska unemployment insurance program, effective for 2006, including how the combined tax rates are calculated. An array system will be used.

The state has also added SUTA dumping provisions and a combined tax emergency solvency surcharge. The taxable wage base in Nebraska will increase to $8,000 for 2006, and $9,000 for 2007, and each year thereafter (NE ¶28-1700).
Nevada Top of Page
Violence in the Workplace Law
The state has amended its laws dealing with protective orders, stalking and harassment (Ch. 269 (S. 450), L. 2005, at NV ¶29-3300).
New Hampshire Top of Page
Military and Emergency Services Leave Law
Governor John H. Lynch has signed an executive order establishing the policy of the state with respect to supplemental pay and benefits for state employees who are members of the Reserve or National Guard and who have been called to full-time active duty (Executive Order 2005-5, at NH ¶30-7200).
New Jersey Top of Page
Smoking in the Workplace Law
The state has enacted a law specifically prohibiting smoking in college and university dormitories (Ch. 203 (S. 2332), L. 2004, at NJ ¶31-2700).

Unemployment Insurance Law
The taxable wage base for 2006 will be $25,800. Tax rate information has also been updated (NJ ¶31-1700).
New Mexico Top of Page
No Updates as of October 14, 2005
New York Top of Page
Child Labor Law
The state's Labor Law has been amended with respect to employment certificates and certain minors. The state has also added penalties for violation of the child labor law (S. 3250, L. 2005, at NY ¶33-1500).

Preemployment Inquiries Law
The state's Public Health Law has been amended to require children's camps to consult the sex offender registry in reference to job applicants (A. 5209, L. 2005, at NY ¶33-9000).
North Carolina Top of Page
Fair Employment Practices Law 
Under the Methamphetamine Lab Prevention Act of 2005, retailers must provide training to employees who will be selling pseudoephedrine products. There are penalties for failing to provide the training. These training requirements will take effect on January 15, 2006 (Session Law 2005-434 (H. 248), L. 2005, at NC ¶34-2500).

Preemployment Inquiries Law
The state has enacted a law that specifically authorizes criminal record checks for county government employment (S. 737, L. 2005, at NC ¶34-9000).

Smoking in the Workplace Law
Large indoor arenas with seating capacities greater than 23,000 are now exempt from the state's smoking regulations (S. 482, L. 2005, at NC ¶34-2700).
North Dakota Top of Page
No Updates as of October 14, 2005
Ohio Top of Page

No Updates as of October 14, 2005
Oklahoma Top of Page
No Updates as of October 14, 2005
Oregon Top of Page
Minimum Wage Law
Effective January 1, 2006, the state's minimum wage will increase from $7.25 per hour to $7.50 per hour (Oregon Bureau of Labor and Industries
Press Release, September 16, 2005, at OR ¶38-1000).
Pennsylvania Top of Page
No Updates as of October 14, 2005
Puerto Rico Top of Page
No Updates as of October 14, 2005
Rhode Island Top of Page

No Updates as of October 14, 2005
South Carolina Top of Page
No Updates as of October 14, 2005
South Dakota Top of Page
Voting Leave Law
The fine for violating the state's voting leave law will increase from $200 to $500, effective July 1, 2006 (S. 43, L. 2005, at SD ¶43-7300).
Tennessee Top of Page
Unemployment Insurance Law
Effective until June 30, 2006, most new employers continue to pay 2.7%, including new manufacturing employers under NAICS category 32. However, new construction employers under NAICS category 23 pay 6.0%, new manufacturing employers under NAICS category 31 pay 6.0%, new manufacturing employers under NAICS category 33 pay 6.0%, new mining employers under NAICS category 21 pay 8.0%, and new governmental employers pay 1.5% (TN ¶44-1700).
Texas Top of Page
No Updates as of October 14, 2005
Utah Top of Page
No Updates as of October 14, 2005
Vermont Top of Page
Unemployment Insurance Law
The state has added SUTA dumping provisions (VT ¶47-1700).
Virginia Top of Page
Unemployment Insurance Law
The current maximum and minimum weekly benefit amounts in Virginia are $330 and $54, respectively (VA  ¶48-1700).
Washington Top of Page
Minimum Wage Law
Effective January 1, 2006, the state's minimum wage will increase to $7.63 per hour (Department of Labor and Industries News Release, September 30, 2005, at WA ¶49-1000).
West Virginia Top of Page
No Updates as of October 14, 2005
Wisconsin Top of Page

No Updates as of October 14, 2005
Wyoming Top of Page

No Updates as of October 14, 2005

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