State Law Changes

October 31, 2007 Update

Criminal Background Checks Rule

The Department of Health and Social Services may grant a variance for an individual convicted of a permanent barrier crime or for an individual whose name appears on the centralized registry. The request is subject to the review criteria set out in 7 AAC 10.935(c)(10) and additional consideration under 7 AAC 10.935(e) by the director of the department office responsible for the licensing, certification, approval, or finding of eligibility to receive payments for the entity or provider seeking the variance. Title 7, Chapter 10, Article 3, Sections 7 ACC 10.930 and 7 ACC 10.935, as amended effective Oct. 17, 2007. ¶2-23,650.27 and ¶2-23,650.28.

Minimum Wage Law

Effective January 1, 2008, employers shall pay employees no less than $6.90 an hour (Industrial Commission of Arizona Press Release, October 4, 2007, at AZ ¶3-1000).

Recordkeeping/Posters Law

The state has updated its minimum wage poster (English and Spanish versions) (AZ ¶3-9900).

Breastfeeding Rights in Employment Law-Topic added

A woman may breastfeed a child in a public place or any place where other individuals are present. Although the statute doesn't specifically mention employers, it can be construed to include places of employment. Title 20, Chapter 27, Section 20-27-2001, as enacted by Act 680 (H.B. 2411), L. 2007, effective July 31, 2007. ¶4-22,650.01.

Meal and Rest Periods Law

The state has enacted a law protecting the right of women to breastfeed in public places
(Act 680 (H. 2411), L. 2007, at AR ¶4-1400).

Child Labor Law

Existing law prescribes limits on the hours of employment of minors, but authorizes the Labor Commissioner to grant an exemption to employers operating agricultural packing plants for employment of minors 16 and 17 years of age for up to 10 hours on days when school is not in session, during the peak harvest season. Existing law also provides that this exemption may additionally authorize employment of a minor who is enrolled in a school in Lake County to be employed for more than 48, but not more than 60, hours a week upon prior written approval by the Lake County Office of Education. These provisions were set to expire on January 1, 2008, but have been extended until January 1, 2012 (Ch. 296 (S. 319), L. 2007, at CA ¶5-1500).

Criminal Background Checks Law

A state agency which requires fingerprinting for any non-law-enforcement purpose shall not require the use of specified live scan fingerprinting service providers certified by the Department of Justice to roll fingerprint impressions. Government Code, Title 2, Division 3, Part 1, Chapter 1, Article 1, Section 11006, as enacted by Ch. 248 (S.B. 473), l. 2007, effective Jan. 1, 2008. ¶5-23,603.11.

Discrimination Against Military Personnel Law

Public and private employers are prohibited from discriminating against any officer, warrant officer or enlisted member of the military or naval forces of the state or of the United States because of that membership. Military and Veterans Code, Division 2, part 1, Chapter 7, Section 394, as amended by Ch. 358 (A.B. 7), L. 2007, effective Oct. 9, 2007. ¶5-21,150.01.

Fair Employment Practices Law

The state has enacted a law prohibiting a person from requiring, coercing, or compelling any other individual to undergo the subcutaneous implanting of an identification device. The law defines “person” as an individual, business association, partnership, limited partnership, corporation, limited liability company, trust, estate, cooperative association, or other entity (Ch. 538 (S. 362), L. 2007, at CA ¶5-2500).

Also, the duration of California's Health Insurance Portability and Accountability Implementation Act of 2001 has been extended to July 1, 2010. Under prior law, it was set to be repealed on January 1, 2008 (Ch. 700 (A. 1302), L. 2007, at CA ¶5-2500).

Family, Medical and Parental Leaves Law/Military and Emergency Services Leave Law

Employers having 25 or more employees are now required to allow an employee who is the spouse of a qualified member of the Armed Forces, National Guard or Reserves to take up to 10 days of unpaid leave when the qualified member is on leave from deployment during a period of military conflict. This law applies to both private and public employers. Employees are also protected from employer retaliation for requesting leave (Ch. 361 (A. 392), L. 2007, effective October 9, 2007, at CA ¶5-7000 and at CA ¶5-7200).

A “qualified member” means a member of the Armed Forces of the United States who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States; or a member of the National Guard or the Reserves who has been deployed during a period of military conflict.

Employees are covered under this law if employed for hire for an average of 20 or more hours per week for an employer other than an independent contractor. Employees must provide the employer with notice of intent to take leave within two business days of receiving official notice that the spouse will be on leave from deployment and must submit written documentation certifying the spouse will be on leave from deployment during the requested leave time.

Family Military Leave Law-Topic added

Private and public employers having 25 or more employees are required to allow an employee who is the spouse of a qualified member of the Armed Forces, National Guard or Reserves to take up to 10 days of unpaid leave when the qualified member is on leave from deployment during a period of military conflict. Military and Veterans Code, Division 2, Part 1, Chapter 7, Section 395.10, added by Ch. 361 (A.B. 392), L. 2007, effective October 9, 2007. ¶5-22,451.01.

Health Insurance Benefit Coverage Law

The Knox-Keene Health Care Service Plan Act of 1975 has been amended to require that group insurers provide coverage of a dependent child who has attained a limiting age specified in the plan or policy if the child is and continues to be incapable of self-sustaining employment by reason of a physically or mentally disabling injury, illness or condition and is chiefly dependent upon the subscriber or insured for support (Ch. 617 (A. 910), L. 2007, at CA ¶5-4000).

Minimum Wage Law

The state has enacted a law requiring the scale of minimum jockey riding fees established by the state Horse Racing Board for losing mounts to be increased as of a specified date when the state minimum wage is increased (Ch. 605 (A. 649), L. 2007, at CA ¶5-1000).

Santa Monica's current living wage rate is $12.48 an hour for service contracts that are $54,200 or more. Living wage rates for Oxnard and Port Hueneme have also been amended.

Effective October 14, 2007, the San Francisco Minimum Compensation Ordinance (MCO) wage rate shall be $10.77 per hour. Effective January 1, 2008, the MCO wage rate shall be $11.03 per hour. These wage rates apply to employees of commercial businesses and nonprofit organizations.

The San Francisco Minimum Wage Ordinance has also been amended. Effective January 1, 2008, all employers shall pay a minimum wage of $9.36 per hour (up from the current $9.14 per hour) for work performed by employees who work two or more hours per week within the geographic boundaries of the city. The minimum wage is adjusted annually based on increases in the regional consumer price index (CA ¶5-1000).

Overtime Pay Law

Pharmacists engaged in the practice of pharmacy who are employed in the mercantile industry, as defined by Wage Order 7 of the Industrial Welfare Commission, shall be permitted to adopt alternative workweek schedules allowed by the provisions of Wage Order 4, including the provisions for alternative workweeks that can be adopted by employees working in the health care industry (Ch. 480 (S. 812), L. 2007, at CA ¶5-1100).

Preemployment Inquiries Law

The state has enacted a law prohibiting a state agency that requires fingerprinting for any non-law-enforcement purpose from requiring the use of specified Live Scan fingerprinting service providers certified by the Department of Justice to roll fingerprint impressions. The law authorizes state agencies to identify on their websites a list of Live Scan fingerprinting service providers certified by the Department of Justice (Ch. 248 (S. 473), L. 2007, at CA ¶5-9000).

Additionally, the state has enacted a law requiring the Department of Justice to make available to a Court Appointed Special Advocate (CASA) program that is conducting a background investigation of an applicant seeking employment with the program or a volunteer position as a Special Advocate, information contained in the Child Abuse Central Index regarding known or suspected child abuse by the applicant. The law requires the submission of fingerprint images and related information of employment and volunteer candidates for child abuse investigation records (Ch. 160 (A. 369), L. 2007, at CA ¶5-9000).

Recordkeeping/Posters Law

The San Francisco minimum wage poster has been updated, and the San Francisco minimum compensation poster (English and Spanish versions) has been added (CA ¶5-9900).

Unemployment Insurance Law

The state will require employers to notify all employees that they may be eligible for the federal earned income tax credit (Ch. 606 (A. 650), L. 2007, at CA ¶5-1700).

Violence in the Workplace Law

The state has enacted a law, effective beginning in 2009, requiring a proprietary private security officer to complete training in security officer skills within a specified period of time. The Department of Consumer Affairs is required to develop a standard course and curriculum for such training to be administered by an employer, an organization, or a school approved by the department. Certain peace officers are exempt. Employers are required to provide annual review of training and to maintain records (Ch. 721 (S. 666), L. 2007, at CA ¶5-3300).

Whistleblower Protection Law

The state will prohibit a health facility from discriminating or retaliating against an employee, a member of the facility's medical staff, or other health care worker of the facility because the person has presented a grievance, complaint, or has initiated, participated, or cooperated in an investigation or administrative proceeding relating to the quality of care, services or conditions of the facility. Legal remedies are provided for those who are discriminated against (Ch. 683 (A. 632), L. 2007, at CA ¶5-3600).

Anti-Bias Rules: Department of Personnel-State Employment

Settlement communications with any of the Board's settlement facilitators, the State Employee Mediation Program and the State Ombuds Office are all considered confidential mediation communications. Also, within 15 days of the receipt of notice of the filing of a petition for hearing, the parties shall provide to each other copies of all documents or information relied upon by that party in reaching, in the complainant's case, the decision to grieve the respondent's action(s) and to appeal the respondent's final agency decision, and, in the respondent's case, the final agency decision that constitutes the subject of the petition for hearing. 4 CCR 801-1, Chapter 8, Sections 8-11B and 8-48B, as amended effective Oct. 1, 2007. ¶6-20,075.11 and ¶6-20,075.48.

Fair Employment Practices Law

Rules relating to Colorado's fair employment practices law have been amended with respect to discrimination based on creed, religion, sexual orientation and harassment, effective October 30, 2007 (CO ¶6-2500).

Religious Discrimination Rules

The Colorado Civil Rights Commission amended its religious discrimination rules to modify the definition of religion. ``Creed'' and ``religionare'' are defined as a religious, moral or ethical belief which is sincerely held and includes all aspects of religious observance and practice. 3 CCR 708-1, Rules 50.1 and 50.2, as amended effective Oct. 30, 2007. ¶6-20,300.01 and ¶6-20,300.02.

Sexual Orientation Discrimination Rules-Topic added

The Colorado Civil Rights Commission has adopted rules for the purpose of helping employers, employment agencies, and labor organizations implement nondiscriminatory personnel policies with respect to the sexual orientation of their employees, members and job applicants. If an employer has a reasonable gender-specific dress code, employers should permit employees to comply with the dress code provisions in an appropriate manner that is consistent with their gender identity. If a dress code is enforced it must be applied consistently to all employees. 3 CCR 708-1, Sections 81.1 through 80.12, as adopted effective Oct. 30, 2007. ¶6-20,500.01 through ¶6-20,500.07.

Smoking in the Workplace Law

The Colorado Clean Indoor Air Act has been amended with respect to smoking in assisted living facilities (Ch. 103 (H. 1196), L. 2007, at CO ¶6-2700).

Workplace Harassment Rule

It shall be a discriminatory or unfair employment practice for an employer, employment agency, labor organization, or its agents or supervisory employees, to harass, with or without loss of income or other tangible employment action, a person during the course of employment because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. Harassment occurs if an intimidating, hostile or offensive working environment is created based upon an individual's disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. 3 CCR 708-1, Section 85.0, as amended effective Oct. 30, 2007. ¶6-21,575.01.

Health Insurance Benefit Coverage Law

Effective July 1, 2008, health insurers will be required to provide coverage for medical formulas and foods and low protein modified formulas and modified food products for the treatment of inherited metabolic diseases if they are medically necessary and administered under the direction of a doctor (Ch. 176 (S. 78), L. 2007,  at DE ¶8-4000).

Criminal Background Checks Rules

A private entity that provides services as a covered child or youth services provider shall obtain criminal history records to investigate persons applying for employment, in a compensated or an unsupervised volunteer position, as well as its current employees and unsupervised volunteers. A private entity is also required to obtain traffic records to investigate persons applying for employment, or current employees and volunteers of private entities, when that person will be required to drive a motor vehicle to transport children in the course of performing his or her duties. Title 27, Chapter 5, Sections 500 through 599, as adopted as emergency effective Sept. 7, 2007. ¶9-23,652.01 through ¶9-23,652.09.

Fair Employment Practices Law

The District of Columbia Human Rights Act has been amended to include breastfeeding as part of the definition of discrimination on the basis of sex. This amendment will take effect following a 30-day period of Congressional review as provided in Sec. 602(c)(1) of the District of Columbia Home Rule Act, and publication in the District of Columbia Register (Act 132 (B. 133), L. 2007, at DC ¶9-2500).

Meal and Rest Periods Law

The district has enacted a law ensuring a woman's right to breastfeed in any location where she has the right to be with her child, public or private. The law also requires employers to provide reasonable daily unpaid break-time, and a sanitary location so that breastfeeding mothers are able to express breast milk for their children. This law will take effect following a 30-day period of Congressional review as provided in Sec. 602(c)(1) of the District of Columbia Home Rule Act, and publication in the District of Columbia Register (Act 132 (B. 133), L. 2007, at DC ¶9-1400).

Discrimination Against Crime Victims Law

The state has provided an exemption from public records requirements for certain records and time sheets submitted to an agency by an employee who is a victim of domestic violence. Title 43, Chapter 741, Section 741.313, as amended by Ch. (H.B. 63), L. 2007, effective July 1, 2007. ¶10-21,050.01.

Minimum Wage Law

The minimum wage in Florida will increase from $6.67 per hour to $6.79 per hour on January 1, 2008. The minimum wage applies to all employees in the state who are covered by the federal minimum wage (Florida Agency for Workforce Innovation, http://www.floridajobs.org, at FL ¶10-1000).

Employers of “tipped employees” who meet eligibility requirements for the tip credit under the FLSA may count tips actually received as wages under the FLSA. However, the employer must pay tipped employees a direct wage, calculated as equal to the current minimum wage minus the 2003 tip credit ($3.02). Effective January 1, 2008, the direct hourly wage will be $3.77 ($6.79 -$3.02).

Drug Testing Law

The state has amended its drug-free workplace program law with respect to on-site testing and oral testing (S. 96, L. 2007, at GA ¶11-8600).

Health Insurance Benefit Coverage Law

The state now allows marriage and family therapists to be providers of mental illness and substance abuse treatment services (Ch. 38 (S. 53), L. 2007, at HI ¶12-4000)).

Civil Rights Act of 2003

No unit of State, county, or local government shall exclude a person from participation in, deny a person the benefits of, or subject a person to discrimination under any program or activity on the grounds of that person's gender. Chapter 740, Section 23/5, as amended by P.A. 541 (S.B. 1467), L. 2007, effective Jan. 1, 2008. ¶14-20,034.02.

Jury Duty and Court Attendance Leave Law

The state has revised its jury duty laws extensively. Employees may not be required or asked to use annual leave, vacation leave or sick leave for time spent in jury-related service. Special provisions for small employers have also been added (P.L. 118 (H. 1287), L. 2007, at IN ¶15-7100).

COBRA Law

Under conforming amendments to Maine's conversion coverage provisions, insurers must provide policy and certificate holders with an “adequate” supply of notification forms when the policy is issued, and at least annually after the policy is issued (H. 1053, L. 2007, at ME ¶20-4200).

Human Rights Commission Employment Regulations

The Maine Human Rights Commission has amended its employment discrimination regulations to include sexual orientation and gender identity or expression. ``Sexual orientation'' is defined as a person's actual or perceived heterosexuality, bisexuality, homosexuality, gender identity, or gender expression. The term ``gender identity'' means an individual's gender- related identity, whether or not that identity is different from that traditionally associated with that individual's assigned sex at birth, including, but not limited to, a gender identity that is transgender or androgynous. ``Gender expression'' means the manner in which an individual's gender identity is expressed, including, but not limited to, through dress, appearance, manner, speech, or lifestyle, whether or not that expression is different from that traditionally associated with that individual's assigned sex at birth. In addition, the bona fide occupational qualification exception is to be construed very narrowly, and the employer, employment agency, or labor organization must prove by a preponderance of the evidence that: (1) the essence of the business operation requires the discriminatory practice; and (2) it had a factual basis to believe that all or substantially all persons in the excluded category would be unable to safely or efficiently perform the duties of the job involved. 94-348, Chapter 003, Sections 3.01 through 3.13, as amended effective Sept. 15, 2007. ¶20-20,075.01 through ¶20-20,075.13.

Recordkeeping/Posters Law

Maine has updated the following workplace posters: minimum wage (English); whistleblower protection (English); workers' comp; video display terminal (English); public sector safety regs; child labor; regulation of employment; human rights/equal employment opportunity; domestic violence in the workplace; and unemployment (ME ¶20-9900).

Equal Employment Opportunity in State Employment E.O. 01.01.2007.16

Governor Martin O'Mally has signed Executive Order 01.01.2007.16, to extend gender identity or expression as a protected class in state employment. This order rescinds Executive Order 01.01.2007.09 that extended employment protections based on sexual orientation. Executive Order, 01.01.2007.16, signed Aug. 22, 2007, effective immediately. ¶21-23,300.01.

Fair Employment Practices Law

Governor Martin O'Malley has signed an executive order amending the state's Code of Fair Employment Practices to include employment protection for gender identity and expression (Executive Order 01.01.2007.16, at MD ¶21-2500).

Recordkeeping/Posters Law Summary

The state's new living wage poster has been added (MD ¶21-9900).

New Hire Reporting Law

The state's new hire and independent contractor reporting form has been updated (MA ¶22-1600).

Criminal Background Checks Law

The department of state police may charge a fee, not to exceed $30.00, until October 1, 2010, for taking and processing the fingerprints and completing a criminal record check of a resident of this state when the impression of the fingerprints are requested for employment-related or licensing-related purposes. Chapter 28, Section 28.273, as amended by Act 76 (H.B. 4668), L. 2007, effective Sept. 30, 2007. ¶23-23,601.21.

Minimum Wage Law

The current living wage rates for Eastpointe are $10.33 per hour with health benefits, and $12.91 per hour if health benefits are not provided (MI ¶23-1000).

New Hire Reporting Law

The state's new hire reporting form has been updated (MI ¶23-1600).

Preemployment Inquiries Law

The state has amended its law with respect to fingerprinting for employment-related purposes (P.A. 76 (H. 4668), L. 2007, at MI ¶23-9000).

Criminal Background Checks Law

Operators of and personnel working at nursing homes and adult and child care facilities are required to undergo a criminal background study. Chapter 245A, Sections 245A.04 and 245A.041, as amended by Ch. 112 (S.B. 1724), L. 2007, effective Aug. 1, 2007. ¶24-23,600.11.

If an individual's name or other identifying information is erroneously associated with a criminal history and a determination is made through a fingerprint verification that the individual is not the subject of the criminal history, the name or other identifying information must be redacted from the public criminal history data. The name and other identifying information must be retained in the criminal history and are classified as private data. Chapter 13, Section 13.87, as amended by Ch. 129 (S.B. 596), L. 2007, effective Aug. 1, 2007. ¶24-23,601.01.

Smoking in the Workplace Law

The Freedom to Breathe Act of 2007 establishes public policy to protect employees and the general public from the known hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings (Ch. 82 (S. 238), L. 2007, at MN ¶24-2700).

Minimum Wage Law

The minimum wage in Missouri will increase to $6.65 per hour (up from $6.50 per hour) on January 1, 2008 (Missouri Department of Labor and Industrial Relations Labor News, October 5, 2007, at MO ¶26-1000).

Minimum Wage Law

The minimum wage rate in Montana will increase to $6.25 per hour, effective January 1, 2008. On October 3, 2007, Labor Commissioner Keith Kelly announced the 10-cent-per-hour, cost-of-living increase pursuant to Initiative 151, which was approved by voters in the November 2006 General Election (Montana Department of Labor and Industry, Commissioner's Office, Media Release, October 3, 2007, at MT ¶27-1000).

Wage Payment Law

The state has enacted a law clarifying the payment of state employees who terminate employment (Ch. 341 (S. 219), L. 2007, at MT ¶27-1200).

Unemployment Insurance Law

Contribution rates for July 1, 2007, to June 30, 2008, are unchanged, and Schedule A remains in effect. New UI employers pay 2.6825%, and the Workforce Development/Supplemental Workforce Funds rate is 0.1175%. Also, the Disability Insurance rate is 0.5% for this period. For calendar year 2008, the maximum UI weekly benefit amount is $560, and the maximum TDI weekly benefit amount is $524. In addition, the alternative earnings test amount for UI and TDI is $7,200, and the base week amount is $143. The 2008 taxable wage base for UI and TDI is $27,700, up from $26,600 in 2007 (NJ ¶31-1700).

Criminal Background Checks Rule

The regulation was 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 on Sept. 27, 2007, effective as of Aug. 23, 2007, to expire Nov. 19, 2007. ¶33-23,651.01 through ¶33-23,651.10.

Criminal Background Checks Law

Within five business days of making a conditional offer of employment, a mental health, developmental disability and substance abuse provider must submit a request to the Department of Justice to conduct a criminal history record check or to a private entity to conduct a State criminal history record check on a prospective employee. For the purpose of this law, ``Private entity ‘’ means a business regularly engaged in conducting criminal history record checks utilizing public records obtained from a State agency. Chapter 122C, Article 3A, Section 122C-80, as amended by S.L. 2007-444 (H.B. 772), L. 2007, effective Aug. 23, 2007. ¶34-23,600.21.

Disability Law

Municipalities may adopt ordinances prohibiting discrimination on the basis of disability in real estate transactions. The ordinances may regulate or prohibit any act, practice, activity, or procedure related, directly or indirectly, to the sale or rental of public or private housing, which affects or may tend to affect the availability or desirability of housing on an equal basis to all persons (Session Law 2007-475 (H. 1718), L. 2007, at NC ¶34-2600).

Smoking in the Workplace Law

The state has enacted a law prohibiting smoking inside long-term care facilities. The law specifies posting requirements and imposes penalties for noncompliance (Session Law 2007-459 (H. 1294), L. 2007, at NC ¶34-2700).

Unemployment Insurance Law

The state has added electronic report filing and contribution payment requirements for specified employers (Ch. 440 (H. 1057), L. 2007, at ND ¶35-1700).

Minimum Wage Law

The minimum wage rate in Ohio will increase to $7.00 per hour effective January 1, 2008. For tipped employees, the minimum wage will increase to $3.50 per hour, plus tips. Currently, the minimum wage in Ohio is $6.85 per hour for non-tipped employees, and $3.43 per hour, plus tips, for tipped employees (Ohio Department of Commerce News Release, October 10, 2007, at OH ¶36-1000).

On January 1, 2008, the increased minimum wage will apply to employers who gross more than $255,000 per year. Currently, Ohio's minimum wage applies to employers who gross over $250,000 per year.

A constitutional amendment passed by voters in November 2006 states that Ohio's minimum wage shall increase on January 1 of each year by the rate of inflation, and that the wage rate is to be rounded to the nearest five cents.

Workers' Compensation Law

Saying that it never intended to expand the "voluntary abandonment" doctrine or insert fault into workers' compensation, the Ohio Supreme Court vacated its decision that found an injured 16-year-old fast food worker was not entitled to temporary total disability benefits. Agreeing that the employer may have been justified in terminating the employee for violating workplace safety rules, the court nonetheless noted that the employer's termination letter clearly cited the accident that caused the injury as the reason for firing him. Under these circumstances, the employee's departure from employment could not be seen as a voluntary abandonment (State ex rel. Gross v. Indus. Comm. Of Ohio; Food, Folks & Fun, Inc, dba. KFC, OhioSCt, September 27, 2007, at OH ¶36-4300).

Violence in the Workplace Law

In the first case to address the constitutionality of such state laws, a federal district court judge issued a permanent injunction barring the state of Oklahoma from enforcing its amended “right to transport firearms” laws, which impose criminal liability on any employer that prohibits employees from “transporting or storing firearms locked in or locked to a motor vehicle” on company property. The statutes were preempted by the OSH Act, ruled Judge Terence Kern of the Northern District of Oklahoma.“ The Amendments criminally prohibit an effective method of reducing gun-related workplace injuries and cannot coexist with federal obligations and objectives” mandated by the OSH Act's general duty clause, which requires employers to provide a safe work environment. The lawsuit was filed by a number of companies that conduct business in Oklahoma and have workplace policies prohibiting firearms on company property (ConocoPhillips Co v C. Brad Henry, NDOkla, October 4, 2007, at OK ¶37-3300).

Criminal Background Checks Rules

The Department of Justice has adopted rules establishing procedures for the Department perform criminal records checks and use the information obtained to evaluate the fitness of applicants, volunteers, and contractors (collectively “applicants”) of the Department. Criminal records checks under this rule include name-based checks through the Law Enforcement Data System (LEDS) and fingerprint-based checks for all applicants. Chapter 137, Division 7, Sections 137-007-0200 through 137-007-0330, as adopted by DOJ 6-2007, effective Sept. 5, 2007. ¶38-23,654.21 through ¶38-23,654.33.

Discrimination Based on Genetic Information Law

The provisions regarding use of genetic information by employers were amended. Title 19, Chapter 192, Sections 192.531, as amended by Ch. 800 (S.B. 244), L. 2007, effective July 17, 2007. ¶38-22,150.01.

Health Insurance Coverage Law

A health benefit plan that provides coverage for cancer chemotherapy treatment must provide coverage for a prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells on a basis no less favorable than intravenously administered or injected cancer medications that are covered as medical benefits (Ch. 566 (S. 8), L. 2007, at OR ¶38-4000).

Veterans’ Preference in Public Employment Rule-Topic added

The Oregon Department of Administrative Services, Human Resource Services Division has adopted a rule establishing methods of providing qualified veterans and disabled veterans with preference in employment with the state. Chapter 105, Division 40, Section 105-040-0015, as adopted by HRSD 3-2007(Temp), effective Sept. 5, 2007 to expire March 3, 2008. ¶38-21,800.01.

Workers' Compensation Law

To promote health and safety in places of employment in this state, every public or private employer shall establish and administer a safety committee or hold safety meetings (Ch. 448 (H. 2222), L. 2007, at OR ¶38-4300).

Breastfeeding Rights in Employment Law-Topic added

The Freedom to Breastfeed Act provides that a mother shall be allowed to breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present. Although the statute doesn't specifically mention employers, it can be construed to include places of employment. Act 2007-28 (S.B. 34), L. 2007, Sections 1 through 4, as enacted effective July 8, 2007. ¶39-22,650.01 through ¶39-22,650.04.

Meal and Rest Periods Law

The Freedom to Breastfeed Act provides that a mother shall be allowed to breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present (Act 2007-28 (S. 34), L. 2007, at PA ¶39-1400).

Breastfeeding Rights, Discrimination Prohibited Law

Any person who incurs discriminatory practices against a woman for the fact of nursing a child in any public or private place, or who prohibits, impedes or in any manner limits or restrains a woman from nursing her child in any public or private place, will incur a misdemeanor, and if convicted, will be subject to a fine no less than $1,000 nor more than $5,000. In addition, a judge may impose a penalty of restitution. Act 95, L. 2004, Articles 1 and 2, as amended by Act 121 (H.B. 1507), L. 2007, effective Sept. 19, 2007. ¶40-22,652.01 and ¶40-22,652.02.

Equal Opportunity in State Employment Law

State agencies shall offer the opportunity of competing in their recruitment and selection procedures, to any qualified person, in attention to aspects such as: academic, professional and work achievements, knowledge, capability, abilities, skills, work ethic; without discrimination for reason of being a victim or perceived as a victim of domestic violence, sexual aggression or stalking. Title 3, Chapter 51B, Subchapter 4, Section 1462b, as amended by Act 84 (H.B. 2760), L. 2007, effective July 30, 2007. ¶40-23,400.01.

Meal and Rest Periods Law

Any person who discriminates against a woman for nursing a child in any public or private place, or who prohibits, impedes or in any manner limits or restrains a woman from nursing her child in any public or private place, will incur a misdemeanor, and if convicted, will be subject to a fine no less than $1,000, nor more than $5,000. In addition, a judge may impose a penalty of restitution (Act 121 (H. 1507), L. 2007, at PR ¶40-1400).

Unemployment Insurance Law

Rate information has been updated (SC ¶42-1700).

New Hire Reporting Law

The state's new hire reporting form has been updated (TN ¶44-1600).

Unemployment Insurance Law

Premium Table 4 is in effect in Tennessee for the period July 1, 2007, until December 31, 2007. In addition, for the same period, new nongovernmental employers continue to pay 2.7%; 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 6.5%; and new governmental employers continue to pay 1.5% (TN ¶44-1700).

Criminal Background Checks Law

A director, owner, or operator of a day care center is required to submit to the Department of Family and Protective Services a complete set of fingerprints of each prospective employee to be used for a state and Federal Bureau of Investigation criminal history check. Title 2, Subtitle D, Chapter 42, Section 42.056, as amended by Ch. 1406 (S.B 758), L. 2007, effective Sept. 1, 2007. ¶45-23,600.21.

The state amended the criminal background checks law relating to certain convictions barring employment at certain facilities serving the elderly or persons with disabilities. Title 4, Subtitle B, Chapter 250, Section 250.006, as amended by Ch. 593 (H.B. 8), L. 2007 and Ch. 971 (S.B 199), L. 2007, effective Sept. 1, 2007. ¶45-23,600.46.

A county attorney in a county with a population of 3.3 million or more is entitled to obtain from the department criminal history record information maintained by the department that relates to: (1) a matter falling within the authority of the county attorney or (2) a person who is an applicant for employment by the county. Title 4, Subtitle B, Chapter 411, Subchapter F, Section 411.1406, as enacted by Ch. 416 (S.B. 1196), L. 2007 and Ch. 926 (H.B. 3211), L. 2007, effective June 15, 2007. ¶45-23,601.13.

An appellate court is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant for: (1) employment with the court; (2) a volunteer position with the court; or (3) an appointment made by the court. Title 4, Subtitle B, Chapter 411, Subchapter F, Section 411.1406, as enacted by Ch. 406 (S.B. 885), L. 2007, effective Sept. 1, 2007. ¶45-23,601.14.

Military and Emergency Services Leave Law

A state employee who holds an amateur radio station license issued by the Federal Communications Commission may be granted leave not to exceed 10 days each fiscal year to participate in specialized disaster relief services without a deduction in salary or loss of vacation time, sick leave, earned overtime credit, or state compensatory time if the leave is taken with the authorization of the employee's supervisor and with the governor's approval (Ch. 258 (S. 11), L. 2007, at TX ¶45-7200).

Additionally, a person who is an officer or employee of the state, a municipality, a county, or another political subdivision of the state and who is a member of the state military forces, a reserve component of the armed forces, or a member of a state or federally authorized UrbanSearch and Rescue Team is entitled to a paid leave of absence from the person's duties on a day on which the person is engaged in authorized training or duty ordered or authorized by proper authority for not more than 15 workdays in a federal fiscal year (Ch. 258 (S. 11), L. 2007, at TX ¶45-7200).

Criminal Background Checks Rules

Provisions have been adopted to conduct Live Scan fingerprint checks of employees of facilities providing services for children or vulnerable adults. Also, the information required from an applicant in order for the Office of Licensing staff to adequately conduct background screens was clarified. Rule R501-14, Sections R501-14-1 through R501-14-13, as amended effective Sept. 15, 2007. ¶46-23,651.31 through ¶46-23,651.43.

Unemployment Insurance Law

The maximum weekly benefit amount for claims established in 2007 is $406 (UT ¶46-1700).

Unemployment Insurance Law

Rates for the tax year beginning July 1, 2007, are determined under Schedule III of the table of rates. These rates range from 0.8% to 6.5% (VT ¶47-1700).

Military and Emergency Services Leave Law

The state has enacted a law permitting an agency head to allow an employee to receive shared leave if a state of emergency has been declared within the United States by the federal or any state government and the employee has needed skills to assist in responding to the emergency or its aftermath and volunteers his or her services to entities engaged in the relief effort and he or she is accepted to perform volunteer services (Ch. 454 (H. 2281), L. 2007, at WA ¶49-7200).

Minimum Wage Law

The minimum wage in Washington will increase by 14 cents to $8.07 an hour beginning January 1, 2008 (Washington State Department of Labor and Industries (L&I) News Release, October 1, 2007, at WA ¶49-1000). The Washington State Department of Labor and Industries recalculates the state's minimum wage each year in September as required by Initiative 688, which was approved by Washington voters in 1998. The law requires that the state minimum wage be adjusted each year according to the change in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) during the 12 months ending each August 31.

Unemployment Insurance Law

Rate information has been updated (WA ¶49-1700).