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.

August 31, 2004 Update

Alabama Top of Page
No Updates as of August 31, 2004
Alaska Top of Page
Genetic Testing Law 
Alaska has enacted a genetic privacy law. The law (1) provides that a person may not collect, analyze, retain or disclose a DNA sample or the results of a DNA analysis from a person without first obtaining informed and written consent from the person; (2) provides that an authorization for release of medical records does not constitute informed and written consent; (3) provides for a private right of action; and (4) provides criminal penalties for unlawful DNA collection, analysis, retention or disclosure (Ch. 176 (S. 217), L. 2003, at AK ¶2-8700).

Child Labor Law
There's now a statutory way for 16- or 17-year-olds to work in licensed premises, so long as they do not dispense or serve alcoholic beverages. They also must have the written consent of a parent or guardian and the Department of Labor and Workforce Development must grant an exemption from the statutory prohibition upon the licensee's request. Eighteen- to 20-year-olds may work in such places too, if they don't serve or deliver alcoholic beverages (Ch. 174 (H. 430), L. 2004, at AK ¶2-1500).

Fair Employment Practices Law
Effective October 24, 2004, there will be a new Office of Citizen Assistance in the Department of Labor and Workforce Development, aimed at improving employment opportunities for legal aliens and preventing employment discrimination against them (Ch. 167 (H. 379), L. 2004, at AK ¶2-2500).

Wage Payment Law
Starting January 1, 2006, Alaska's state agencies will be required to disburse funds electronically. There are exceptions, of course, and one involves state employees. Electronic payment is not required if it is the only one made to a state employee for employment or it is in the best interest of the agency or employee to use another payment method (Ch. 175 (H. 494), L. 2004, at AK ¶2-1200).

Confidentiality of Genetic Tests Results Law
The law (1) provides that a person may not collect, analyze, retain or disclose a DNA sample or the results of a DNA analysis from a person without first obtaining informed and written consent from the person; (2) provides that an authorization for release of medical records does not constitute informed and written consent; (3) provides for a private right of action; and (4) provides criminal penalties for unlawful DNA collection, analysis, retention or disclosure. Title 18, Chapter 13, Sections 18.13.010 through 18-13.100, as enacted by Ch. 176 (S. B. 217), L. 2003, effective Oct. 25, 2004. ¶2-22,150.01 through ¶2-22,150.04.

Employment of Aliens Law
There will be a new Office of Citizenship Assistance in the Department of Labor and Workforce Development. It aims to improve employment opportunities for legal aliens and prevent employment discrimination against them. Title 23, Chapter 5, Sections 23.05.125, as enacted by Ch. 167 (H.B. 379), L. 2004, effective Oct. 24, 2004. ¶2-24,050.01.

Arizona Top of Page
Minimum Wage Law
Living wage rates for the City of Tucson have been adjusted (AZ ¶3-1000 ).
Arkansas Top of Page
No Updates as of August 31, 2004
California Top of Page
Minimum Wage Law
The City of Sonoma has enacted a living wage ordinance (Ordinance No. 04-2004, at CA ¶5-1000 ).

Civil Rights, Criminal Penalties Law
The California Penal Code makes it a crime to interfere with the civil rights of any person because of that person's race, color, religion, ancestry, national origin, disability, gender or sexual orientation. Penal Code, Part 1, Title 11.6 Sections 422.6, as amended by Ch 115 (A.B. 1920), L. 2004, effective Jan. 1, 2005. ¶5-20,027.01.

Domestic Partner Discrimination, Public Contracts Law
State agencies are prohibited from entering a contract for $100,000 or more for the acquisition of goods or services with a contractor who, in the provision of benefits, discriminates between employees with spouses and employees with domestic partners, or discriminates between the domestic partners and spouses of those employees. Public Contract Code, Division 2, Part 2, Chapter 2, Article 2, Section 10295.3 as enacted by Ch. 752 (A.B. 17), L. 2003, effective Jan. 1, 2004.

Criminal Background Checks Rules
Provisions pertaining to the licensing of community and the employment of their personnel have been amended. Title 22, Division 6, Chapter 1, Article 3, Sections 80019 through 80019.2, as readopted effective March 11, 2004. ¶5-23,650.01  through ¶5-23,650.03.

Criminal Background Checks Rules
The regulations regarding criminal background checks of operators of residential care facilities caring for the elderly and their personnel have been amended. Title 22, Division 6, Chapter 8, Article 3, Sections 87219 and 87219.1, as readopted effective March 11, 2004. ¶5-23,650.41  and ¶5-23,650.42.

Criminal Background Checks Rules
A criminal record clearance is required of all operators and their personnel. Title 22, Division 12, Chapter 1, Sections 101170 through 101170.2, as readopted effective March 11, 2004. ¶5-23,650.81 through ¶5-23,650.03

Fair Employment Practices Law
California has amended its Labor Code Private Attorneys General Act of 2004, effective August 11, 2004, and retroactive to January 1, 2004. The Act allows aggrieved employees to bring civil actions to recover penalties for violations of the state's Labor Code if the Labor and Workforce Development Agency or its departments, divisions, commissions, boards, agencies, or employees do not do so (Ch. 221 (S. 1809), L. 2003, at CA ¶5-2500 ).

Recordkeeping/Posters Law
The state's new workers' compensation posters (English and Spanish versions) have been added (CA ¶5-9900).

Workers' Compensation Law
California has made major changes to its workers' comp system. Among the changes are medical provider networks, which may be established by employers or insurers beginning on January 1, 2005 (S. 899, L. 2003, at CA ¶5-4300 ).

Colorado Top of Page
Unemployment Insurance Law
Rate information has been updated (CO ¶6-1700).

Criminal Background Checks Law
Provisions pertaining to the access and sealing of criminal records have been amended. Title 24, Article 72, Sections 24-72-308, as amended by Ch. 339 (H.B. 1376), L. 2004, effective Aug. 4, 2004. ¶6-23,601.06.

Connecticut Top of Page
Minimum Wage Law
Living wage rates for the City of Hartford through fiscal year 2005 have been provided (CT ¶7-1000).
Delaware Top of Page
Fair Employment Practices Law
The state's employment discrimination law has been amended with respect to enforcement procedures. The law takes effect September 10, 2004 (P.A. 356 (S. 154), L. 2003, at DE ¶8-2500).

Whistleblower Protection Law
The Delaware Whistleblowers' Protection Act was adopted on July 19, 2004 (S. 173, L. 2003, at DE ¶8-3600).

Family, Medical, and Parental Leaves Law
Donated sick leave in school districts may be used for an employee's catastrophic illness, as certified by a physician, and not for a family member's catastrophic illness (S. 269, L. 2004, at DE ¶8-7000).

D.C. Top of Page
Child Labor Law
The District of Columbia Election Code of 1955 has been amended, on an emergency basis, to allow residents who are 16 or 17 years of age to serve as poll workers. The law is set to expire on October 31, 2004 (Act No. 494, L. 2003, at DC ¶9-1500).
Florida Top of Page
Recordkeeping/Posters Law
The state's employment discrimination poster has been updated (FL ¶10-9900).
Georgia Top of Page
No Updates as of August 31, 2004
Hawaii Top of Page
No Updates as of August 31, 2004
Idaho Top of Page
No Updates as of August 31, 2004
Illinois Top of Page
Child Labor Law
Effective January 1, 2005, a person selling tobacco products must be 16 years of age or older (H. 4302, L. 2003, at IL 14-1500). The state's child labor law has also been amended with respect to officiating youth activities (H. 6618, L. 2003, at IL ¶14-1500).

Fair Employment Practices Law
The Illinois Human Rights Act's definition of "military status" has been expanded to include status as a member in any reserve component of the armed forces, the Army National Guard or the Air National Guard (H. 4371, L. 2003, at IL ¶14-2500).

Health Insurance Benefit Coverage Law
Beginning June 1, 2005, group or individual policies of accident and health insurance must provide coverage for medically necessary bone mass measurement and for the diagnosis and treatment of osteoporosis (S. 2744, L. 2004, at IL ¶14-4000).

Meal and Rest Periods Law
Illinois Governor Rod R. Blagojevich signed a new law on August 16, 2004, that allows women to nurse anywhere they are authorized to be--both public and private places. The Right to Breastfeed Act took effect immediately (S. 3211, L. 2003, at IL ¶14-1400).

Military and Emergency Services Leave Law
The Service Men's Employment Tenure Act is now known as The Service Member's Employment Tenure Act. Penalties for employer violations have also been added (IL 14-7200). Also, disaster service leave laws have been amended to include the Illinois Emergency Management Agency. Under former law, only American Red Cross volunteers were covered (H. 4005, L. 2003, at IL ¶14-7200).

Plant Closing Law
Illinois enacted the Illinois Worker Adjustment and Retraining Notification Act on August 12, 2004. Effective January 1, 2005, employers will be required to give at least 60 days' written notice of a mass layoff, relocation or employment loss to affected employees and their representatives, as well as to the Department of Commerce and Economic Opportunity and the chief elected official of each municipal and county government within which the employment loss, relocation, or mass layoff occurs. This law applies to any business enterprise that employs 75 or more full-time employees or 75 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of overtime). Notice is not required, however, if a mass layoff, relocation or employment loss is necessitated by a physical calamity or an act of terrorism or war. Employer violations for failure to give notice include recovery of back wages plus the value of the cost of benefits, and civil penalties of not more than $500 for each day of violation (S. 2665, L. 2003, at IL ¶14-3500).

Preemployment Inquiries Law
The Health Care Worker Background Check Act has been amended with respect to ombudsman programs (S. 2726, L. 2003, at IL ¶14-9000).

Recordkeeping/Posters Law
The state's equal pay law poster has been added (IL ¶14-9900).

Human Rights Act
The Illinois Human Rights Act's definition of "military status" has been expanded to include status as a member in any reserve component of the armed forces, the Army National Guard or the Air National Guard. Chapter 775, Act 5, Article 1, Section 5/1-103, as amended by H.B. 4371, L. 2003, effective Aug. 16, 2004. ¶14-20,025.03.

Right to Breastfeed Act
A woman denied a right to breastfeed by the owner or manager of a public or private location, other than a private residence or place of worship, has a right to bring action to enjoin future denials of the right to breastfeed and would also be entitled to attorney's fees and reasonable litigation expenses if successful in her suit. P.A. 93-942 (S.B. 3211), L. 2004, Sections 1 through 99, as enacted effective Aug. 16, 2004. ¶14-22,651.01 through ¶14-22,651.05.

Indiana Top of Page
Recordkeeping/Posters Law
The state has updated its minimum wage poster (IN ¶15-9900).
Iowa Top of Page
No Updates as of August 31, 2004
Kansas Top of Page
No Updates as of August 31, 2004
Kentucky Top of Page
No Updates as of August 31, 2004
Louisiana Top of Page

Recordkeeping/Posters Law
The state has updated its child labor law poster (LA ¶19-9900).

Criminal Background Checks Law
Provisions pertaining to the employment of unlicensed and licensed ambulance personnel by certain health care employers have been amended. Title 40, Chapter 5, Section 1300.51, Act 797 (H.B. 1228), L. 2004, effective July 8, 2004. ¶19-23,600.31.

Maine Top of Page
No Updates as of August 31, 2004
Maryland Top of Page
No Updates as of August 31, 2004
Massachusetts Top of Page
Whistleblower Protection Law
The provisions relating to retaliation against employees reporting abuse of a person with a disability have been amended (Ch. 296 (H. 3241), L. 2003, at MA ¶22-3600).

Rules of Procedure
The provisions pertaining to filing of complaints and public hearing and issuance of commission complaint has been amended. 804 CMR 1.00, Sections 1.10 and 1.20, as amended effective July 30, 2004. ¶22-20,125.10 and ¶22-20,125.20.

Criminal Background Checks Rules
The office of child care services requires applicants and volunteers working in programs providing services to children to undergo a criminal records checks. 102 CMR 14.00, Sections 14.05 through 14.10 as amended effective April 26, 2004. ¶22-23,650.05 through ¶22-23,650.10.

Michigan Top of Page
Minimum Wage Law
Living wage rates for the City of Ann Arbor through April 29, 2005, have been added (MI ¶23-1000). Also, the 2004 living wage rates for Pittsfield Township have been added (MI ¶23-1000).
Minnesota Top of Page
Violence in the Workplace Law
Minnesota's so-called "conceal and carry" gun law, which took effect in May of 2003, has been declared unconstitutional (Unity Church of St. Paul and White Bear Unitarian Universalist Church et al. v. State of Minnesota, the District Court for Ramsey County, File No. C9-03-9570, July 13, 2004, at MN ¶24-3300).
Mississippi Top of Page
No Updates as of August 31, 2004
Missouri Top of Page
Minimum Wage Law
The living wage rate for the City of St. Louis has been adjusted (MO ¶26-1000).

Criminal Background Checks Law
Prior to the issuance of a school bus driver permit, applicants are required to undergo a criminal records check. Title 19, Chapter 302, Section 302.272, as amended by H.B. 1453, L. 2004, effective July 1, 2004. ¶26-23,600.05.

Criminal Background Checks Law
The Family Care Safety Act requires all employees of child-care, elder-care and personal care facilities to undergo a criminal background check. Title 12, Chapter 210, Sections 210.900 and 210.903, as amended by H.B. 1453, L. 2004, effective July 1, 2004.

Montana Top of Page
Unemployment Insurance Law
Rate information has been updated.
Nebraska Top of Page
No Updates as of August 31, 2004
Nevada Top of Page
No Updates as of August 31, 2004
New Hampshire Top of Page
No Updates as of August 31, 2004
New Jersey Top of Page
Maximum Hours Law
The state's hours of service restrictions for certain commercial motor vehicle operators have been amended (Ch. 97 (A. 646), L. 2004, at NJ ¶31-1300).
New Mexico Top of Page
No Updates as of August 31, 2004
New York Top of Page

Minimum Wage Law
The City of New York's schedule of living wages has  been updated. Living wage hourly rates for the City of  Rochester for the period July 1, 2004, through June  30, 2005, have also been updated (NY 33-1000).
Additionally, employers must use a farm work agreement  to notify each employee, in writing, of the conditions  of employment (Ch. 212 (S. 2685), L. 2004, at NY ¶33-1000).

Prostate Cancer Screening Leave Law
The state's civil service law has been amended to provide an excused leave of absence not to exceed four hours a year for public officers and employees to undertake a screening for prostate cancer. Such leave shall not be charged against any other leave to which an employee is entitled. Civil Service Law, Article 10, Section 159-c, as enacted by A.B. 6927, L. 2003, effective Oct. 25, 2004. ¶33-22,451.01.

Disability Law
New York has increased the fine for certain violations  of state law pertaining to persons with disabilities,  effective January 1, 2005. Specifically, persons or  legal entities, public or private, who violate Sec. 47  of the Civil Rights Law, which relates to the use of  public facilities by persons with a disability, and/or  Sec. 47-b of the Civil Rights Law, which relates to  service dogs, two or more times within a two-year  period, shall be guilty of a violation punishable by a  $1,000 fine (A. 8752, L. 2003, at NY ¶33-2600).

Family, Medical and Parental Leaves Law
Public officers and employees will soon be able to  take up to four hours' leave per year in order to have  a prostate cancer screening (A. 6927, L. 2004, at NY ¶33-7000).

Discrimination Because of Disability Law
The fine has increased for certain violations of state law pertaining to persons with disabilities. Specifically, persons or legal entities, public or private, who violate Sec. 47 of the Civil Rights Law, which relates to the use of public facilities by persons with a disability, and/or Sec. 47-b of the Civil Rights Law, which relates to service dogs, two or more times within a two-year period, shall be guilty of a violation punishable by a $1,000 fine. Civil Rights Law, Article 4-B, Section 47-c, as amended by A.B. 8752, L. 2003, effective January 1, 2005. ¶33-20,750.04.

North Carolina Top of Page

Fair Employment Practices Law
Effective October 1, 2004, no employer shall  discharge, demote, deny a promotion, or discipline an  employee because the employee took reasonable time off  from work to obtain or attempt to obtain relief under  the state's domestic violence laws. An employee who is  absent from the workplace shall follow the employer's  usual time-off policy or procedure, including advance  notice to the employer, when required by the  employer's usual procedures, unless an emergency  prevents the employee from doing so (H. 1354, L. 2003,  at NC ¶34-2500).

Military and Emergency Services Leave Law
Effective August 1, 2004, employers are specifically  prohibited from discriminating against members of the  North Carolina National Guard who are called to active  duty by the President, Governor, or any other  competent authority (Session Law 2004-130 (S. 1058),  L. 2003, at NC ¶34-7200).

Violence in the Workplace Law
North Carolina has enacted a workplace violence  prevention law. The law, which will take effect on  December 1, 2004, establishes civil no-contact orders  for the protection of employees from workplace  violence; permits an employer to file a civil  no-contact order on behalf of an employee who has  suffered unlawful conduct from any individual that can  reasonably be construed to be carried out, or to have been carried out, at the  employee's workplace; includes relief from stalking,  harassment, assault, and other contact; and prohibits  employer discrimination of an employee under a  no-contact order (Session Law 2004-165 (S. 916), L.  2003, at NC ¶34-3300).

Discrimination Against Domestic Crime Victims Law
No employer shall discharge, demote, deny a promotion, or discipline an employee because the employee took reasonable time off from work to obtain or attempt to obtain relief under domestic violence statutes. An employee who is absent from the workplace shall follow the employer's usual time-off policy or procedure, including advance notice to the employer, when required by the employer's usual procedures, unless an emergency prevents the employee from doing so. Chapter 50B, Section 50B-5.5, as enacted by S.L. 2004-186 (H.B. 1354), L. 2004, effective Oct. 1, 2004.

Discrimination Against Member of the State National Guard Law
Employers are prohibited from discriminating against individual who are members of the North Carolina National Guard that are called into active duty at the direction of the President, the Governor, or by any other competent authority. Chapter 127A, Article 16, Sections 127A-202.1, as amended by S.L. 2004-130 (S.B. 1058), L. 2004, effective Aug. 1, 2004. ¶34-21,151.01.

Workplace Violence Prevention Act
The law establishes civil no-contact orders for the protection of employees from workplace violence; permits an employer to file a civil no-contact order on behalf of an employee who has suffered unlawful conduct from any individual that can reasonably be construed to be carried out, or to have been carried out, at the employee's workplace; includes relief from stalking, harassment, assault, and other contact; and prohibits employer discrimination of an employee under a no-contact order. Chapter 95, Article 23, Sections 95-260, 95-261, 95-262, 95-269, 95-270, and 95-271, as enacted by Session Law 2004-165 (S.B. 916), L. 2003, effective Dec. 1, 2004. ¶34-21,551.01 through ¶34-21,551.06.

North Dakota Top of Page
No Updates as of August 31, 2004
Ohio Top of Page
Minimum Wage Law
Until October 1, 2004, the City of Cleveland's living wage rate is $9.34 per hour (OH ¶36-1000).
Oklahoma Top of Page
No Updates as of August 31, 2004
Oregon Top of Page
Bureau of Labor Rules of Administrative Procedure
The rule pertaining to notice of proposed rulemaking has been amended. Chapter 839, Division 2, Section 839-002-0002, as amended effective July 27, 2004. ¶38-20,125.03.

Criminal Background Checks Rules
Agencies and persons providing care to children, elderly and persons with disabilities are required to undergo a criminal background check. Chapter 410, Division 7, Sections 410-007-0200 through 410-007-0380, as adopted by OMAP 8-2004, effective March 1, 2004. ¶38-23,651.01  through ¶38-23,651.19.

Minimum Wage Law
The City of Ashland has increased its living wage rate in accordance with the June 30, 2004, CPI. Additionally, the City of Corvallis has adjusted its living wage rate (OR ¶38-1000).

Pennsylvania Top of Page
No Updates as of August 31, 2004
Puerto Rico Top of Page
Unemployment Insurance Law
Rate information has been updated (PR ¶40-1700).
Rhode Island Top of Page
Health Insurance Benefit Coverage Law
A law has been enacted to ensure that Rhode Islanders  have access to needed pharmaceuticals while keeping  costs under control. New Chapter 29, Pharmacy Freedom  Of Choice--Fair Competition And Practices, provides  businesses purchasing insurance with the choice of an  unlimited pharmacy network, if their insurer also  offers a limited network of pharmacies (Ch. 29 (S.  2140/H. 7129), L.. 2004, at RI ¶41-4000).
South Carolina Top of Page
Unemployment Insurance Law
Rate information has been updated (SC ¶42-1700).

Criminal Background Checks Law
A direct care entity employing or contracting with a direct caregiver shall conduct a criminal record check prior to employing or contracting with the direct caregiver. Title 44, Chapter 7, Article 32, Sections 44-7-2910 through 44-7-2950, as amended by H.B. 3987, L. 2004, effective July 6, 2004. ¶42-23,600.31 through ¶42-23,600.35.

Family, Medical and Parental Leaves Law
Effective August 16, 2004, an employee of the state of  South Carolina may be granted up to three consecutive  workdays of leave with pay on the death of any member  of the employee's immediate family. Provisions  relating to leave for state employees who are  physically attacked in the line of duty have also been  amended (S. 16, L. 2003, at SC ¶42-7000).

Holiday and Vacation Law
The state has clarified the next Christmas Eve and New  Year's holidays for state employees (S. 16, L. 2003,  at SC ¶42-7400).

Family Leave—State Employees Law
State employees are permitted to use up to ten days accrued sick leave to care for family members who are ill. Title 8, Chapter 11, Sections 8-11-40, as amended by S.B. 16, L. 2003, effective 16, 2004. Para 42-22,450.01¶42-22,952.01.

Bereavement Leave—State Employees Law
An employee of the state of South Carolina may be granted up to three consecutive workdays of leave with pay on the death of any member of the employee's immediate family. Title 8, Chapter 11, Section 8-11-177, as enacted by S.B. 16, L. 2003, effective Aug. 16, 2004. Para 42-22,451.01¶42-22,952.01.

Criminal Background Checks Law
The law pertaining to the employment of personnel at child welfare agencies, day care centers, foster care and the department social services has been amended. Title 20, Chapter 7, Article 13, Sections 20-7-2725 and 20-7-3097, as amended by Act 263 (S.B. 935), L. 2003, effective June 18, 2004.  ¶42-23,600.22.

South Dakota Top of Page
No Updates as of August 31, 2004
Tennessee Top of Page
No Updates as of August 31, 2004
Texas Top of Page
No Updates as of August 31, 2004
Utah Top of Page
Disability Bias Rules—State Employment
The Utah Department of Human Resource Management's rules pertaining to disability bias in state employment have been amended. R477-8, Sections R477-8-8 through R477-8-10, as amended effective July 2, 2004. ¶46-20,800.01 through ¶46-20,800.03.

Rules for Family Leave in State Employment
Rules covering state employees’ use of sick leave, continuous leave of absence for maternity or adoption care, or for illness of a spouse or dependent have been amended. R477-7, Sections R477-7-4, R477-7-5, R477-7-13 and R477-7-15, as amended effective July 2, 2004. ¶46-22,500.01 through ¶46-22,500.04.

Rule for Bone Marrow or Organ Donation Leave in State Employment
State employees are entitled to a paid leave of absence to serve as a bone marrow or organ donor. R477-7, Section R477-7-12, as amended effective July 2, 2004.
Vermont Top of Page
No Updates as of August 31, 2004
Virginia Top of Page
Minimum Wage Law
The City of Alexandria's living wage rate for the year beginning July 1, 2004, has been added (VA  ¶48-1000).
Washington Top of Page
No Updates as of August 31, 2004
West Virginia Top of Page
No Updates as of August 31, 2004
Wisconsin Top of Page
No Updates as of August 31, 2004
Wyoming Top of Page
No Updates as of August 31, 2004

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