State Law Changes

September 29, 2006 Update

Unemployment Insurance Law

Contribution rate information has been updated (AL ¶1-1700).

Health Insurance Benefit Coverage Law

Effective January 1, 2007, group insurers in Alaska will be required to provide coverage for the costs of colorectal cancer screening examinations and lab tests. An employer that provides a health care insurance plan shall notify each covered individual of the coverage for colorectal cancer screenings unless coverage for colorectal cancer screening previously exists. The notice shall be included in the health benefit handbook or be provided by written or electronic communication between an employer or health plan administrator and a covered individual. However, if the covered individual purchases the health care insurance plan from the insurer issuing the policy, the insurer is responsible for notifying the covered individual of the coverage for 
colorectal cancer screening (Ch. 97 (H. 393), L. 2005, at AK ¶2-4000).

Minimum Wage Law

The current living wage rate for Oxnard is $12.88 per hour (CA ¶5-1000).

The current living wage rate for Santa Barbara is $14.00 per hour if no benefits are provided. The rate may be less if benefits are provided (CA ¶5-1000).

Preemployment Inquiries Law

Existing California law requires the Department of Justice to establish and implement a certification program in the department for processing fingerprint-based criminal background clearances on individuals who roll fingerprints. Under existing law, law enforcement personnel and state employees are exempt from the requirements of that program if they have received certain training and have undergone a criminal offender record information background investigation. Effective January 1, 2007, the state has enacted a law that adds employees of a tribal gaming agency or operation, under certain circumstances, to those who are exempt from the aforementioned requirements (Ch. 141 (S. 1247), L. 2005, enacted August 22, 2006, at CA ¶5-9000).

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).

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).

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).

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).

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).

Discrimination Based on Abortion and Contraceptive Drugs Law

Topic added. No employer may require an employee to directly participate in the induction or performance of an abortion if such employee has filed a written statement with the employer or health care facility indicating a moral, ethical or religious basis for refusal to participate. No such employee will be subject to any penalty or discipline by reason of the person's refusal. Also, notwithstanding any other provision of law, a licentiate shall dispense drugs and devices pursuant to a lawful order or prescription unless the licentiate refuses to do so on ethical, moral, or religious grounds. Health and Safety Code, Division 106, Part 2, Chapter 2, Article 2, Section 123420 and Business and Professions Code, Division 2, Chapter 1, Article 10.5, Section 733, as enacted by Ch. 417 (S.B. 644), L. 2005, effective Jan. 1, 2006. ¶5-20,250.01 and ¶5-20,250.02.

Criminal Background Checks Law

Operators and personnel of community care facilities are required to submit a set fingerprints and undergo a criminal history check. Health and Safety Code, Division 2, Chapter 3, Section 1522, as amended by Ch. 75 (A.B. 1808), L. 2006, effective July 12, 2006. ¶5-23,601.11.

Under the state's child day care act, fingerprints and criminal history checks are required of all personnel. Health and Safety Code, Division 2, Chapter 3.4, Section 1596.871, as amended by Ch. 75 (A.B. 1808), L. 2006, effective July 12, 2006. ¶5-23,601.32.

Employees of a tribal gaming agency or operation, under certain circumstances, are exempt from fingerprint-based criminal background clearances on individuals who roll fingerprints. Penal Code, Part 4, Title 1, Chapter 1, Article 3, Section 11102.1, as amended by Ch. 141 (S.B. 1247), L. 2005, effective Jan. 1, 2007. ¶5-23,604.001.

Criminal Background Checks Rules

The penalties associated with violations of the fingerprinting requirements for community care facilities which require fingerprinting and criminal record checks prior to or as a condition of continued employment were amended. Title 22, Division 6, Chapter 1, Article 3, Sections 80019 and 80019.1, as amended effective Aug. 10, 2006. ¶5-23,650.01 and ¶5-23,650.02.

The penalties associated with violations of the fingerprinting requirements for residential care facilities which require fingerprinting and criminal record checks prior to or as a condition of continued employment were amended. Title 22, Division 6, Chapter 8, Article 3, Sections 87219 and 87219.1, as amended effective Aug. 10, 2006. ¶5-23,650.41 and ¶5-23,650.42.

The penalties associated with violations of the fingerprinting requirements for residential care facilities caring for the chronically ill which require fingerprinting and criminal record checks prior to or as a condition of continued employment were amended. Title 22, Division 6, Chapter 8.5, Article 3, Sections 87819 and 87819.1, as amended effective Aug. 10, 2006. ¶5-23,650.61 and ¶5-23,650.62.

The penalties associated with violations of the fingerprinting requirements for child care centers which require fingerprinting and criminal record checks prior to or as a condition of continued employment were amended. Title 22, Division 12, Chapter 1, Article 3, Sections 101170 and 101170.1, as amended effective Aug. 10, 2006. ¶5-23,650.81 and ¶5-23,650.82.

The penalties associated with violations of the fingerprinting requirements for family day care homes which require fingerprinting and criminal record checks prior to or as a condition of continued employment were amended. Title 22, Division 12, Chapter 3, Article 3, Sections 102370 and 102370.1, as amended effective Aug. 10, 2006. ¶5-23,651.02 and ¶5-23,651.03.

Access to Personnel Records Law

Existing California law requires each trial court to permit an employee to inspect his or her official personnel files that are used, or have been used, to determine that employee’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. Effective January 1, 2007, this requirement will apply to any personnel files. Government Code, Title 8, Chapter 7, Article 6, Section 71660, as amended by Ch. 187 (A.B. 1995), L. 2005. ¶5-23,700.04 .

Health Insurance Benefit Coverage Law

The state has amended its mental health services coverage provisions with respect to court orders (Ch. 52 (S. 5), L. 2006, at CO ¶6-4000).

Recordkeeping/Posters Law

The state has enacted a law concerning documentation by an employer that demonstrates compliance with federal employment verification requirements. The law takes effect January 1, 2007 (H. 1017, L. 2006, at CO ¶6-9900).

Unemployment Insurance Law

The maximum weekly benefit amount in Colorado for the period beginning July 1, 2006, is $395; the alternative maximum weekly benefit amount is $435; and the minimum amount is $25 (CO ¶6-1700).

Affirmative Action in State Employment Rules

The provision pertaining to the filing schedule of affirmative action plans in state government was amended. Title 46a, Part III, Section 46a-68-51, as amended effective July 7, 2006. ¶7-23,450.21.

Minimum Wage Law

Effective October 1, 2006, the living wage rate for Palm Beach County will be $10.39 per hour (FL ¶10-1000).

Smoking in the Workplace Law

Effective November 16, 2006, Hawaii's current smoking law will be replaced with a new law prohibiting smoking in places open to the public and places of employment (Act 295 (S. 3262), L. 2005, at HI ¶12-2700).

Unemployment Insurance Law

Weekly benefit amount information has been updated (HI ¶12-1700).

Unemployment Insurance Law

Weekly benefit and contribution rate information has been updated.

Preemployment Inquiries Law

The Health Care Worker Background Check Act has been amended, effective July 24, 2006 (S. 3018, L. 2005, at IL ¶14-9000).

Unemployment Insurance Law

The Illinois Unemployment Compensation Act has been amended with respect to SUTA dumping (IL ¶14-1700).

Criminal Background Checks Law

he provision regarding criminal background checks of health care facility personnel was amended. P.A. 105 (S.B. 3018), L. 2005, effective July 24, 1006. ¶14-23,600.25.

Drug Testing Law

The state has enacted a drug testing law for employees of public works contractors, applicable to contracts awarded after June 30, 2006 (P.L. 160 (S. 359), L. 2006, at IN ¶15-8600).

Jury Duty and Court Attendance Leave Law

If (1) a prospective juror works for an employer with 10 or fewer full-time employees (or their equivalent), (2) another employee of the employer is performing jury service, and (3) the prospective juror or the employee performing jury service notifies the court that they both work for the same employer, the court shall reschedule the prospective juror's jury service for a date that does not overlap with the jury service of the other employee already performing jury service (H. 1156, L. 2006, at IN ¶15-7100).

Unemployment Insurance Law

The current maximum and minimum weekly benefit amounts in Indiana are $390 and $50, respectively.

Unemployment Insurance Law

For the year beginning July 2, 2006, the maximum weekly benefit amounts in Iowa are $334 for an individual with no dependents, $347 for an individual with one dependent, $360 for an individual with two dependents, $379 for an individual with three dependents, and $410 for an individual with four or more dependents. The minimum weekly benefit amounts are $50, $52, $54, $57, and $60, respectively (IA ¶16-1700).

Unemployment Insurance Law

The maximum weekly benefit amount in Kansas for the period beginning July 1, 2006, is $386. The minimum amount is $96 (KS ¶17-1700).

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).

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).

Drug Testing Law

The state has added provisions relating to drug testing of teachers (Ch. 221 (H. 341), L. 2006, at KY ¶18-8600).

Unemployment Insurance Law

The maximum weekly benefit amount in Kentucky effective July 1, 2006, is $401. The minimum amount is set at $39 (KY ¶18-1700).

Unemployment Insurance Law

Weekly benefit amount information has been updated (LA ¶19-1700).

Violence in the Workplace Law

The state has enacted a deadly force law that impacts places of business (Act 141 (H. 89), L. 
2006).

Unemployment Insurance Law

Weekly benefit amount information has been updated (ME ¶20-1700).

Fair Employment Practices Law

During the 90 days before an election, an employer may not exhibit in the employer's workplace (1) a threat, notice, or information that, on the election or defeat of a particular ticket or candidate (a) work will cease, wholly or partly, (b) the workplace will close, or (c) employees' wages will be reduced; or (2) any other threat, expressed or implied, intended to influence the political opinions or actions of the employer's employees (Ch. 66 (S. 105), L. 2006, at MD ¶21-2500).

Unemployment Insurance Law

Weekly benefit amount information has been updated (MD ¶21-1700).

Wage Payment Law

An employer who pays employees in envelopes may not mark on or enclose in the envelopes a political motto, device, or argument that contains express or implied threats intended to influence the political opinions or actions of those employees (Ch. 66 (S. 105), L. 2006, at MD ¶21-1200).

Minimum Wage Law

The Massachusetts Legislature has unanimously overridden the Governor’s veto of a law increasing the state's minimum wage. The new law will increase the state’s minimum wage to $7.50 on January 1, 2007, and again to $8.00 on January 1, 2008 (Ch. 271 (H. 4781), L. 2005, at MA ¶22-1000).

Recordkeeping/Posters Law

The state has added provisions relating to recordkeeping and commercial carriers (Ch. 120 (H. 2113), L. 2005, at MA ¶22-9900).

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).

Unemployment Insurance Law

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

Wage Payment Law

New rules relating to payment of wages with a debit card have been added (MI ¶23-1200).

Family, Medical and Parental Leaves Law

The state has enacted a law providing leave without pay to family members of soldiers wounded or killed while in active service, and for family members of deployed soldiers to attend send-off or homecoming ceremonies (Ch. 273 (H. 3664), L. 2005, enacted June 1, 2006, at MN ¶24-7000).

Military and Emergency Services Leave Law

The state has enacted a law expanding eligibility for the salary differential program for state employees ordered into active military service (Ch. 273 (H. 3664), L. 2005, enacted June 1, 2006, at MN ¶24-7200).

Unemployment Insurance Law

Weekly benefit amount information has been updated (MS ¶25-1700).

Unemployment Insurance Law

Contribution rates have been updated, and SUTA dumping provisions have been added (NV ¶29-1700).

Military and Emergency Services Leave Law

Effective June 19, 2006, firefighters, rescue workers and emergency medical personnel have the right to take leave without pay from a place of employment when mobilized after the governor has declared a state of emergency, unless their employer certifies them as essential to its own emergency relief efforts (Ch. 304 (H. 1194), L. 2005, enacted June 15, 2006, at NH ¶30-7200).

Preemployment Inquiries Law

The state's criminal background checks law has been amended with respect to applicants seeking to work with incapacitated adults (Ch. 289 (H. 1672), L. 2005, at NH ¶30-9000).

Unemployment Insurance Law

SUTA dumping provisions have been added (NH ¶30-1700).

Policy on Sexual Harassment in Public Employment, E.O. 2006-8

Sexual harassment is prohibited in public employment and the State's policy against sexual harassment shall be clearly and regularly communicated to all state employees, both supervisory and non-supervisory, through periodic educational programs and training. Executive Order 2006-9 reads as signed on August 24, 2006, effective immediately. ¶30-21,550.01

Criminal Background Checks Law

The provision pertaining to the licensing of child care centers and the employment of their personnel was clarified. Title XII, Chapter 170-E, Section 170-E:7, as amended by Ch. 289 (H.B. 1672), L. 2005, effective July 1, 2007. ¶30-23,600.21.

Fair Employment Practices Law

The New Jersey Worker Freedom from Employer Intimidation Act took effect July 26, 2006. The law, which covers private and public employers, prohibits an employer from requiring its employees to attend an employer-sponsored meeting the purpose of which is to communicate the employer’s opinion about religious or political matters (Ch. 53 (S. 1123), L. 2006, at NJ ¶31-2500).

Unemployment Insurance Law

Rate information has been updated.

Child Support Enforcement Law

Effective October 24, 2006, the state has amended its Civil Practice Law and Rules in relation to 
child support proceedings in family court. Employer penalties are affected by this amendment (S. 
6753, L. 2005, at NY ¶33-5500).

Family, Medical, and Parental Leaves Law

Effective August 16, 2006, the state has amended its Labor Law to require specified employers to grant leave to military spouses (S. 7175, L. 2005, at NY ¶33-7000).

Additionally, effective September 15, 2006, the state's Civil Service Law has been amended to authorize excused leave for county employees to undertake a screening for breast cancer (A. 3467), L. 2005, at NY ¶33-7000).

Health Insurance Benefit Coverage Law

Effective January 1, 2007, group insurers that provide coverage for hospital, surgical, or medical care coverage shall not exclude coverage for diagnosis and treatment of medical conditions otherwise covered by the policy because the treatment is provided to diagnose or treat autism spectrum disorder (A. 699, L. 2005, at NY ¶33-4000).

Minimum Wage Law

The current living wage rate for Albany is $10.69 per hour with benefits, and $12.42 per hour without benefits (NY ¶33-1000).

Preemployment Inquiries Law

The Safe Mentoring Act will take effect April 1, 2007 (S. 5071, L. 2005, at NY ¶33-9000).

Recordkeeping/Posters Law

Effective immediately, any person, corporation, association, partnership or other entity which sells or offers to sell in New York any printed materials which, or the substance of which, are required to be posted in places of employment pursuant to the provisions of any federal or state law, rule or regulation, including, but not limited to, notices or materials relating to unemployment insurance, workers' compensation insurance or benefits, minimum wage and occupational safety and health standards, shall provide to the purchaser a notice in at least 12-point type, that such required notices or postings are also available free of charge from the government (A. 11009, L. 2005, at NY ¶33-9900).

Violence in the Workplace Law

Effective March 4, 2007, specified public employers shall evaluate their workplace or workplaces to determine the presence of factors or situations in such workplace(s) that might place employees at risk of occupational assaults and homicides. Under prior law, employers would have faced an October 2006 deadline for these requirements (S. 8159, L. 2005, at NY ¶33-3300).

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).

Minimum Wage Law

The current living wage rate for Orange County is $9.67 per hour, and the current living wage rate for Durham County is $10.34 per hour (NC ¶34-1000).

Recordkeeping/Posters Law

The Spanish version of the state's unemployment poster has been added. Also, the unemployment compensation poster to be displayed by state government employers has been added (¶39-9900).

Child Support Enforcement Law

The state has amended its interstate family support law (Ch. 076 (H. 7336), L. 2005, effective July 1, 2006, at RI ¶41-5500).

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).

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).

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.

Preemployment Inquiries Law

The state has added background check provisions for fire protection personnel (Ch. 599 (H. 597), L. 2005, effective May 4, 2006, at TN ¶44-9000).

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.

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.

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).