State Law Changes

October 31, 2006 Update

Preemployment Inquiries Law

The state has added fingerprint clearance requirements for information technology workers in the Department of Economic Security (Ch. 133 (H. 2287), L. 2006, at AZ ¶3-9000).

Access to Personnel Files Law

The state has amended its personnel file law relating to trial court employees.
This law will take effect January 1, 2007 (Ch. 187 (A. 1995), L. 2005, at CA ¶5-8500).

Disability Law

The definition of “disability” has been expanded to include a perception that a person has a disability or that the person is associated with a person who has, or is perceived to have, a disability. This change will take effect January 1, 2007 (Ch. 182 (S. 1441), L. 2005, at CA ¶5-2600).

Minimum Wage Law

On and after January 1, 2007, the minimum wage for all industries shall be not less than $7.50 per hour, and on and after January 1, 2008, the minimum wage for all industries shall be not less than $8.00 per hour (Ch. 230 (A. 1835), L. 2005, enacted September 12, 2006, at CA ¶5-1000).

Also, the current living wage rates for Pasadena are $9.16 per hour with benefits, and $10.73 per hour without benefits. For both the City of Oakland and the Port of Oakland, the current living wage rates are $10.07 per hour with benefits, and $11.58 per hour without benefits. Effective January 1, 2007, the San Francisco minimum wage will increase to $9.14 per hour (CA ¶5-1000).

Overtime Pay Law

California Governor Arnold Schwarzenegger signed into law legislation on August 28, 2006, that will exempt private school teachers from state overtime requirements. Assembly Bill 2613 provides that the state's overtime requirements do not apply to teachers at private elementary or secondary academic institutions where pupils are enrolled in grades K through 12. This law will take effect January 1, 2007 (Ch. 159 (A. 2613), L. 2005, at CA ¶5-1100).

Minimum Wage Law/Overtime Pay Law

Living wage rates for the City of Ventura as well as Ventura County have been updated.

Also, effective January 1, 2007, the minimum hourly wage rate a computer software employee must be paid to be exempt from state overtime requirements will be $49.77.

Effective January 1, 2007, the minimum hourly wage rate licensed physicians and surgeons must receive to be exempt from state overtime requirements will be adjusted to $64.18.

Preemployment Inquiries Law

The Contractors' State License Law has been amended with respect to revocation of licensure and the impact of such revocation on future employment. The law will take effect January 1, 2007 (Ch. 171 (A. 2897), L. 2005, at CA ¶5-9000).

Unemployment Insurance Law

The Unemployment Insurance Code has been amended with respect to educational institution employers and penalties, effective January 1, 2007 (Ch. 190 (A. 2293), L. 2005, at CA ¶5-1700).

Child Support Enforcement Law

The state has enacted a law imposing liability upon any business entity that knowingly assists a child support obligor in the evasion of his or her support obligations (Ch. 820 (A. 2440), L. 2005, enacted September 30, 2006).

Fair Employment Practices Law

The California law requiring that employers with 50 or more employees provide sexual harassment training to supervisory employees has been amended to limit the training requirement to apply to those supervisory employees within the state of California (Ch. 737 (A. 2095), L. 2005, effective January 1, 2007).

Health Insurance Benefit Coverage Law

The state has enacted a law expanding the coverage for an annual cervical cancer screening test provided by a group insurer to include the human papillomavirus screening test (Ch. 482 (S. 1245), L. 2005, enacted September 26, 2006).

Additionally, the state has enacted a law allowing podiatrists to prescribe orthotic and prosthetic devices covered by a group health plan or insurer. On and after July 1, 2007, the amount of the benefit for orthotic and prosthetic devices and services may be no less than the annual lifetime benefit maximums applicable to all benefits in the policy (Ch. 756 (A. 2012), L. 2005, enacted September 29, 2006).

Military and Emergency Services Leave Law

The state has enacted a law requiring the Military Department to comply with USERRA, and providing that Military Department personnel shall be considered employees and provided the same federal reemployment protection and benefits given to other employees under USERRA (Ch. 680 (S. 1697), L. 2005, enacted September 29, 2006).

Recordkeeping/Posters Law

The state's program entitled “Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients,” which had been scheduled to expire on January 1, 2008, has been extended until January 1, 2013 (Ch. 475 (A. 2169), L. 2005, enacted September 26, 2006).

The state has also amended its Health and Safety Code with respect to recordkeeping requirements for specified residential facilities for the elderly. The new requirements, which will take effect January 1, 2008, relate to employee training in medication administration/management (Ch. 615 (A. 2609), L. 2005, enacted September 29, 2006).

Violence in the Workplace Law

Existing California law provides that any employer whose employee has suffered unlawful violence or a credible threat of violence, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order (TRO) and an injunction on behalf of the employee.

On September 26, 2006, the state enacted a law that will allow an employer to seek a restraining order or an injunction on behalf of any of his or her employees. The law also provides that a TRO or an injunction issued under these provisions may include persons employed at any of the plaintiff's workplaces, at the discretion of the court (Ch. 476 (A. 2695), L. 2005).

Wage Payment Law

California employers are required to provide their employees with an itemized wage statement either semimonthly or at the time of payment of wages that shows the total hours worked, with a specified exception. This law has been amended to provide that an employer is in compliance with state law if overtime hours worked in a current pay period are itemized as corrections on the paystub for the next regular pay period. The paystub corrections must reflect the dates of the pay period they refer to (Ch. 737 (A. 2095), L. 2005, effective January 1, 2007).

Effective January 1, 2007, an employee engaged in the production or broadcasting of motion pictures whose employment terminates, whether by discharge, layoff, resignation, completion of employment, or otherwise, will be entitled to receive payment of the wages earned and unpaid at the time of termination by the next regular payday. This law applies to a person employed in movie production or broadcasting if the employee is hired for a limited duration to support a particular motion picture production or broadcasting project or is hired on the basis of one or more daily or weekly calls (Ch. 824 (A. 3051), L. 2005, effective January 1, 2007).

A new provision has been added to the California Labor Code to permit certain employees working in the entertainment industry and their employers to enter into a collective bargaining agreement to establish a time limit for payment of wages after an employee is discharged or laid off (Ch. 685 (S. 1719), L. 2005, effective January 1, 2007).

Whistleblower Protection Law

The Local Community Rail Security Act of 2006 provides protection for rail workers who report violations of the law. An employee against whom a punitive action is taken may seek civil damages of up to $1,000,000 from the employer under this new law (Ch. 867 (A. 3023), L. 2005, enacted September 30, 2006).

Fair Employment and Housing Act

California law requiring employers having 50 or more employees to provide sexual harassment training to supervisory employees is amended to limit the training requirement to apply to those supervisory employees within the state of California. Government Code, Title 2, Division 3, Part 2.8, Chapter 6, Section 12950.1, as amended by A.B. 2095, L. 2006, effective January 1, 2007. ¶5-20,025.501.

Criminal Background Checks Law

Personnel of nonpublic schools are required to undergo a criminal background check as a condition of employment. Title 22, Article 1, Section 22-1-121, as amended by Ch. 202 (S.B. 176), L. 2006, effective July 1, 2006. ¶6-23,600.01.

Provisions pertaining to the powers and duties of school boards when conducting employee screenings was amended. Title 22, Article 32, Section 22-32-109.1, as amended by Ch. 117 (S.B. 55), L. 2006, effective April 6, 2006. ¶6-23,600.11.

The Board of Education is required to conduct criminal background checks on all personnel and applicants. Title 22, Article 32, Section 22-32-109.7, as amended by Ch. 202 (S.B. 176), L. 2006, effective July 1, 2006. ¶6-23,600.12.

Noncertificated personnel are required to undergo a criminal background check and submit fingerprints as a condition of employment. Title 22, Article 32, Section 22-32-109.8, as amended by Ch. 163 (S.B. 137), L. 2006, effective Aug. 7, 2006. ¶6-23,600.13.

Provisions pertaining to criminal background checks of nursing care facilities employees were amended. Title 25, Article 1, Section 25-1-124.5, as amended by Ch. 355 (S.B. 219), L. 2006, effective July 1, 2006.  ¶6-23,600.25. 

Owners, employees and applicants of child care centers are required to undergo a criminal record check. Title 26, Article 6, Section 26-6-107, as amended by Ch. 178 (S.B. 199), L. 2006, effective Aug. 7, 2006.  ¶6-23,600.31.

The fact that a person has been convicted of a felony or other offense involving moral turpitude shall not, in and of itself, prevent the person from applying for and obtaining public employment. Title 24, Article
5, Section 24-5-101, as amended by Ch. 180 (H.B. 1196), L. 2006, effective April 1, 2006. ¶6-23,600.35.

Employees or applicants convicted of offenses involving moral turpitude are to be terminated and restricted in positions involving vulnerable persons in public employment. Title 27, Article 1, Section 27-1-110,
as amended by Ch. 298 (H.B. 1277), L. 2006, effective Aug. 7, 2006. ¶6-23,600.41.

Persons convicted of an unlawful sexual offense are required to register with the state or jurisdiction of conviction. Title 18, Article 3, Section 18-3-412.5, as amended by Ch. 288 (S.B. 22), L. 2006, effective
Aug. 4, 2006. ¶6-23,600.45.

Provisions pertaining to the access and sealing of criminal records were amended. Title 24, Article 72, Sections 24-72-308, as amended by Ch. 122 (H.B. 1102), L. 2006, effective Aug. 4, 2006. ¶6-23,601.06.

Employment of Aliens Law

Topic added. Employers are obligated to document their compliance with federal employment verification requirements. Title 8, Article 2, Part 1, Section 8-2-122, as enacted by Ch. 12 (H.B. 1017), L. 2006, effective July 31, 2006. ¶6-24,050.01.

Minimum Wage Law

The current living wage rates for Manchester are $11.06 per hour with benefits, or $14.06 per hour without benefits (CT ¶7-1000).

Criminal Background Checks Rules

Public school related personnel are required to undergo a criminal history background check as a condition of employment. Title 14, Section 14-700-745, as amended effective Oct. 1, 2006. ¶8-23,650.01.

Plant Closing Law

The district has amended its law providing protections for displaced workers in specified industries (Act 335 (B16-286; DC Law 16-118), L. 2006, at DC ¶9-3500).

Meal and Rest Periods Law

A person who operates a commercial motor vehicle solely in interstate commerce (other than in the transportation of hazardous materials requiring placarding pursuant to federal safety regulations) may not drive more than 12 hours following 10 consecutive hours off duty or for a period after the end of the 16th hour after coming on duty following 10 consecutive hours off duty. Further, such motor carriers may not drive after having been on duty more than 70 hours in any period of seven consecutive days or more than 80 hours in any period of eight consecutive days if the motor carrier operates every day of the week. Such workers must have 34 consecutive hours off duty as completion of the seven- or eight-day consecutive workweek (Ch. 290 (H. 7079), L. 2006).

Minimum Wage Law

Florida's minimum wage will increase to $6.67 per hour effective January 1, 2007. This represents a 27-cent increase over the current wage rate of $6.40 per hour (Florida Agency for Workforce Innovation News Release, September 28, 2006).

Employment of Aliens Law

Topic added. Public employers and contractors or subcontractors of public employers register in the federal work authorization program (the BASIC pilot program) to verify information of all new employees. The provision is effective July 1, 2007, for public employers, contractors, or subcontractors with 500 or more employees; July 1, 2008, for those with 100 or more employees; and July 1, 2009, for those with fewer than 100 employees. Title 13, Chapter 10, Article 3, Sections 13-10-90 and 13-10-91, as enacted by Act 457 (S.B. 529), L. 2006, approved April 17, effective at noted above. ¶11-24,050.01 and ¶11-24,050.02.

Criminal Background Checks Rules

Check cashiers licensed by the Georgia Department of Banking and finance are required to undergo criminal records checks as a condition of employment. Title 80, Chapter 80-3-1, Section 80-3-1.02, as amended effective Sept. 1, 2006. ¶11-23,651.01.

Mortgage loan employees are required to undergo a criminal background checks as a condition of employment. Title 80, Chapter 80-11-1, Section 80-11-1-.05, as amended effective Sept. 1, 2006. ¶11-23,651.11.

Fair Employment Practices Act

Provisions pertaining to employer inquiries with regard to conviction records was amended. Title 21, Chapter 378, Part I, Section 378-2.5, as amended by Act 220 (S.B. 2343), L. 2005, effective June 21, 2006. ¶12-20,025.025.

Criminal Background Checks Law

Operators and applicants of healthcare facilities providing services for the frail, elderly, or disabled adults are required to undergo a criminal background check and submit fingerprints as a condition of employment. Division 1, Title 19, Chapter 321, Section 321-, as enacted by Act 220 (S.B. 2343), L. 2005, effective June 21, 2006. ¶12-23,600.05.

Operators and applicants of healthcare facilities are required to undergo a criminal background check and submit fingerprints as a condition of employment. Chapter 346, Section 346-, as enacted by Act 220 (S.B. 2343), L. 2005, effective June 21, 2006. ¶12-23,600.37.

The Hawaii criminal justice data center is responsible for the collection, storage, dissemination, and analysis of all pertinent criminal justice data. Division 5, Title 38, Chapter 846, Section 846-2.7, as amended by Act 220 (S.B. 2343), L. 2005, effective June 21, 2006. and Sections 846-1 and 846-10.5, as amended by Act 132 (S.B. 696), L. 2005, effective July 1, 2006. ¶13-23,601.01, ¶13-23,601.03 and ¶13-23,601.07.

Overtime Pay Law

The overtime law relating to state government employees has been amended (S. 1363, L. 2006, at ID ¶13-1100).

Unemployment Insurance Law

Weekly benefit and contribution rate information has been updated (ID ¶13-1700).

Unemployment Insurance Law

The current maximum and minimum weekly benefit amounts in Indiana are $390 and $50, respectively (IN ¶15-1700).

Access to Personnel Files Law

The state has amended its law with respect to performance evaluations for certain school employees. The law details requirements for maintenance of evaluation documentation in personnel files (Ch. 45 (S. 436), L. 2005, enacted March 27, 2006, at KS ¶17-8500).

Violence in the Workplace Law

The Personal and Family Protection Act was adopted March 23, 2006, following an override of the governor's veto of the law. Provisions of the law relating to carrying concealed weapons will take effect January 1, 2007 (Ch. 32 (S. 418), L. 2005, at KS ¶17-3300).

Minimum Wage Law

The current living wage rate for Louisville is $11.00 per hour (KY ¶18-1000).

Military and Emergency Services Leave Law

Governor Kathleen Babineaux Blanco has issued an executive order on rules and policy on leaves, including military leaves, for those employees in unclassified state service (Executive Order KBB 2006-30, at LA ¶19-7200).

Violence in the Workplace Law

The state has enacted a deadly force law that impacts places of business (Act 141 (H. 89), L. 2006, at LA ¶19-3300).

Health Insurance Benefit Coverage Law

Effective January 1, 2007, group insurers and HMOs will generally be required to provide coverage for prosthetic devices (Ch. 292 (H. 5256), L. 2005, at MA ¶22-4000).

Minimum Wage Law

The current living wage rate for Brookline is $11.3707 per hour. Effective January 1, 2007, the living wage rate will be $11.4844 per hour (MA ¶22-1000).

Minimum Wage Law

Michigan Governor M. Jennifer Granholm signed a set of bills on September 22, 2006, that adopt a minimum wage rate for minors under the age of 18 and clarify minimum wage exemptions (P.A. 373 (H. 6213), and P.A. 375 (S. 1364), L. 2005, at MI ¶23-1000).

The living wage rates for Eastpointe and Washtenaw County have also been updated (MI ¶23-1000).

Overtime Pay Law

The state has enacted a law clarifying overtime exemptions (P.A. 373 (H. 6213), L. 2005, enacted September 22, 2006, at MI ¶23-1100).

Health Insurance Benefits Coverage Law

Effective January 1, 2007, group insurers and HMOs may offer group wellness coverage. Wellness coverage may provide for an appropriate rebate or reduction in premiums or for reduced copayments, coinsurance, or deductibles, or a combination of these incentives, for participation in any health behavior wellness, maintenance, or improvement program offered by an employer (P.A. 412 (S. 848) and P.A. 13 (S. 849), L. 2005, enacted September 29, 2006).

Recordkeeping/Posters Law

The Washtenaw County living wage poster has been updated.

Wage Payment Law

In Lee v. Fresenius Medical Care, Inc., MinnCtApp, 2006 Minn. App. LEXIS 115, the Minnesota Court of Appeals concluded that even if a company’s handbook states that it does not have to pay vacation pay to an employee terminated for misconduct, the employer would still have to pay accrued vacation pay because there is nothing in current statutory language that provides this “terminated for misconduct” exception (MN ¶24-1200).

Unemployment Insurance Law

The State of Minnesota prepares two separate computations of the weekly benefit amount for each claim, with the intent to pay 50% of an individual’s average weekly gross wage: total base period wages divided by 104, subject to a maximum weekly benefit amount of $521, effective August 6, 2006; and high quarter wages divided by 26, subject to a maximum of $351, effective August 6, 2006. The individual’s maximum weekly benefit amount is whichever computation is higher.

Health Insurance Benefit Coverage Law

The state has amended its law relating to health insurance coverage for patients participating in approved clinical trials (S. 567, L. 2006, at MO ¶26-4000).

Smoking in the Workplace Law

It is not an improper employment practice for an employer to provide or contract for health insurance benefits at a reduced premium rate or at a reduced deductible level for employees who do not smoke or use tobacco products (S. 567, L. 2006, at MO ¶26-2700).

Unemployment Insurance Law

2007 rate and benefit information has been added (NJ ¶31-1700).

Unemployment Insurance Law

Rate information has been updated (NM ¶32-1700).

Preemployment Inquiries Law

The law relating to criminal history checks of employees providing services to mentally ill and developmentally disabled people has been amended (S. 6825, L. 2005, at NY ¶33-9000).

Recordkeeping/Posters Law

The Apparel Workers' Protection Act has been amended, effective December 14, 2006, with respect to inspection of books and records of manufacturers and contractors. The state has also added provisions to the law allowing for confiscation of goods from manufacturers and contractors violating the law. Orders of confiscation must be posted upon the secured premises (S. 5463, L. 2005, at NY ¶33-9900).

Criminal Background Checks Law

The state has amended its Public Health Law to add provisions on the review of criminal history information concerning prospective employees of nursing homes and home care services agencies. Public Health Law, Article 28-E, Sections 2999 and 2999-a, as amended by Ch. 331 (S.B. 6630), L. 2005, effective Sept. 1, 2006. ¶33-23,600.33 and ¶33-23,600.34.

All peace officers in the state are required to undergo a criminal history check and submit a set of fingerprints as a condition of employment. Executive Law, Article 35, Section 845-b, as amended by Ch. 769 (S.B. 4371), L. 2005, effective Feb. 3, 2006 and S.B. 6825, L. 2005, effective March 11, 2007. ¶33-23,601.05.

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. These rules implement Ch. 729 (S.B. 4371), L. 2005 and Ch. 331 (S.B. 6630), L. 2005 above. Title 18, Part 402, Sections 402.1 through 402.10, as adopted effective Sept. 1, 2006. ¶33-23,651.01 through ¶33-23,651.10. 

Minimum Wage Law

The current living wage for Cincinnati is $9.05 per hour with benefits, or $10.60 per hour without benefits (OH ¶36-1000).

Minimum Wage Law

Effective January 1, 2007, Oregon's minimum wage will increase to $7.80 per hour (OR ¶38-1000).

New Hire Reporting Law

The state's new hire reporting form has been updated (OR ¶38-1600).

Employment of Aliens Law

Topic added. Public employers shall not knowingly employ, or knowingly permit, the labor services of an illegal alien on any project. Title 43, Chapter 5B, Sections 166.1 through 166.5, as enacted by Act 2006-43 (H.B. 2319), L. 2006, effective July 10, 2006. ¶39-24,050.01 through ¶39-24,050.05.

Wage Payment Law

On or before January 1, 2007, all child care providers shall have the option to be paid every two weeks and have the option of automatic direct deposit and/or electronic funds transfer of reimbursement payments (Ch. 601 (H. 7423), L. 2005, enacted July 14, 2006, at RI ¶41-1200).

Recordkeeping/Posters Law

The Code of Laws of South Carolina has been amended by adding the offense of identity fraud for the purpose of obtaining employment (H. 3085, L. 2005, enacted June 12, 2006, at SC ¶42-9900).

Violence in the Workplace Law

The Protection of Persons and Property Act contains deadly force provisions that include places of business. The law was signed by the governor on June 9, 2006 (Act No. 379 (H. 4301), L. 2005, at SC ¶42-3300).

Unemployment Insurance Law

The South Dakota Employment Security Law has been amended. Employers are required to pay an employer’s investment in South Dakota’s future fee, known as an “investment fee,” on wages. The fee rate for employers not eligible for experience rating, is .70% through calendar year 2006, and .55% on and after January 1, 2007.

The term “wages” does not include remuneration of more than: (1) $7,000, from January 1, 1983, to December 31, 2006, inclusive; (2) $8,500, from January 1, 2007, to December 31, 2007, inclusive; (3) $9,000, from January 1, 2008, to December 31, 2008, inclusive; (4) $9,500, from January 1, 2009, to December 31, 2009, inclusive; and (5) $10,000, on and after January 1, 2010.

Recordkeeping/Posters Law

Tennessee Governor Phil Bredesen has issued Executive Order No. 41 to help ensure that all businesses entering into contracts with the state fully comply with prohibitions against employing undocumented workers (TN ¶44-9900).

Minimum Wage Law

The current general living wage rate for San Antonio is $9.75 per hour (¶45-1000).

Criminal Background Checks Law

Child care facilities are permitted to limited access to juvenile court records for certain background checks. Title 25, Chapter 39, Section 26-39-107, as amended by Ch. 103 (S.B. 254), L. 2006, effective May 1, 2006. ¶46-23,600.21.

The inspection of court records was amended to permit limited access to juvenile court records for certain background checks. Title 78, Chapter 3a, Section 78-3a-206, as amended by Ch. 103 (S.B. 254), L. 2006, effective May 1, 2006. ¶46-23,601.31.

Health Insurance Benefit Coverage Law

Vermont has enacted comprehensive health care reforms aimed at providing residents of the state with affordable health care (Act 191 (H. 861), L. 2005, enacted May 25, 2006, at VT ¶47-4000).

Unemployment Insurance Law

Schedule III is in effect in Vermont beginning July 1, 2006. Rates under this schedule range from 0.8% to 6.5%. New employers in the construction trade pay as follows: 2.7% for employers involved in the construction of buildings (NAICS Code 236), 4.7% for employers involved in heavy and civil engineering construction (NAICS Code 237), and 3.3% for specialty trade contractors (NAICS Code 238). All in-state new employers pay 1.0%.

The maximum weekly benefit amount in Vermont beginning July 1, 2006, is $394 (VT ¶47-1700).

Criminal Background Checks Law

An individual, organization, or governmental body doing business in Vermont which has one or more individuals performing services for it within this state and which is a qualified entity that provides care or services to children, the elderly, or persons with disabilities may obtain from the center an out-of-state criminal conviction record for any applicant who has given written authorization. Title 20, Sections 2056b through 2063, as amended by Act 169 (S.B. 262), L. 2006, effective July 1, 2006. ¶47-23,601.01 through ¶47-23,601.07.

Minimum Wage Law

The current living wage rate for Bellingham is $10.81 per hour with benefits, or $12.43 per hour if benefits are not provided (WA ¶49-1000).

Minimum Wage Law

Washington's minimum wage will increase to $7.93 per hour effective January 1, 2007 (Washington Department of Labor and Industries Press Release, September 29, 2006).

Preemployment Inquiries Law

As a condition of employment, any person employed to act as the director of an emergency dispatch center who dispatches emergency calls or supervises the dispatching of emergency call takers shall be subject to an investigation of their character and background. This investigation shall include, at a minimum, a criminal background check conducted by the State Police at its expense. A felony conviction shall preclude such person from holding any of these positions (Ch. 37 (S. 728), L. 2006, at WV ¶50-9000).

Women’s Commission Law

The West Virginia Women's Commission was continued until the first day of July, two thousand twelve, unless sooner terminated, continued or reestablished. Chapter 29, Article 20, Section 29-20-7, as amended by Ch. 216 (S.B. 216), L. 2006, effective June 4, 2006. ¶51-20,350.07.