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INSURANCE / SOCIAL SECURITY
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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.
November 30, 2006 Update |
| Alabama Top of Page |
Religious Discrimination LawThe state has added employment protections against religious discrimination for employees of Voting Leave LawEffective January 1, 2007, Alabama law will provide that any duly appointed precinct election Military and Emergency Services Leave LawThe state has added employment protections for volunteer emergency workers. Such workers may not be terminated for responding to an emergency (Act 428 (H. 437), L. 2006, at AL ¶1-7200). |
| Alaska Top of Page |
| No Updates as of November 30, 2006 |
| Arizona Top of Page |
Minimum Wage LawOn November 7, 2006, Arizona voters approved Proposition 202 (Raise the Minimum Wage for Working Arizonans Act). Effective January 1, 2007, employers will be required to pay a minimum wage of $6.75 per hour (AZ ¶3-1000). Smoking in the Workplace LawOn November 7, 2006, Arizona voters approved Proposition 201, the Smoke-Free Arizona Act, effective May 1, 2007. This proposition significantly amends existing law (AZ ¶3-2700). Wage Payment LawThe state has amended its law relating to payment of sales reps' commissions upon termination of a contract (Ch. 185 (S. 1402), L. 2006, at AZ ¶3-1200). |
| Arkansas Top of Page |
Unemployment Insurance LawThe maximum weekly benefit amount in Arkansas through June 30, 2007, is $395. The minimum weekly benefit amount is $71 (AR ¶4-1700). |
| California Top of Page |
Child Support Enforcement LawThe state has enacted a law imposing liability upon any business entity that knowingly assists a Disability LawOn and after January 1, 2009, manufacturers or distributors of touch-screen devices used for the Fair Employment Practices LawThe California law requiring that employers with 50 or more employees provide sexual harassment Family, Medical and Parental Leaves LawOn November 7, 2006, San Francisco voters passed an initiative (Measure F) guaranteeing paid sick days to San Francisco workers. The measure will take effect 90 days after the election results are certified (CA ¶5-7000). Health Insurance Benefit Coverage LawThe state has enacted a law expanding the coverage for an annual cervical cancer screening test Military and Emergency Services Leave LawThe state has enacted a law requiring the Military Department to comply with USERRA, and Minimum Wage Law/Overtime Pay LawLiving wage rates for the City of Ventura as well as Ventura County have been updated (CA Recordkeeping/Posters LawThe state's program entitled “Address Confidentiality for Reproductive Health Care Services California has updated its general minimum wage order poster (MW-2007) to reflect the rates that will take effect January 1, 2007, and January 1, 2008 (CA ¶5-9900). Religious Discrimination LawThe state has amended its law relating to emergency contraceptive drug therapy and pharmacists Smoking in the Workplace LawEffective January 1, 2007, the state has added a definition of “enclosed space” to the law that Violence in the Workplace LawExisting California law provides that any employer whose employee has suffered unlawful violence Wage Payment LawCalifornia employers are required to provide their employees with an itemized wage statement Whistleblower Protection LawThe Local Community Rail Security Act of 2006 provides protection for rail workers who report Discrimination Based on Abortion and Contraceptive Drugs LawThe state has amended its law relating to emergency contraceptive drug therapy and pharmacists who object to providing this therapy on religious grounds. The new requirements relate to posting a notice for consumers regarding their rights on this topic. Business and Professions Code, Division 2, Chapter 1, Article 10.5, Section 733, as amended by Ch. 487 (A.B. 2583), L. 2006, effective Jan. 1, 2007. ¶5-20,250.02. |
| Colorado Top of Page |
Minimum Wage LawOn November 7, 2006, voters approved Amendment 42, raising the minimum wage from $5.15 per hour to $6.85 per hour on January 1, 2007. This rate applies to employees who receive the state or federal minimum wage. For employees receiving tips, no more than $3.02 per hour in tip income may be used to offset the minimum wage rate (CO ¶6-1000). |
| Connecticut Top of Page |
Unemployment Insurance LawEffective October 1, 2006, the maximum weekly benefit amount in Connecticut increased to $483. |
| Delaware Top of Page |
Health Insurance Benefit Coverage LawThe state has enacted a law requiring health insurers to continue coverage for adult children |
| D.C. Top of Page |
Military and Emergency Services Leave LawThe District has amended, on an emergency basis, the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to allow District government employees who serve in the reserve units of the U.S. Armed Forces and who have been called or will be called to active duty as a result of Operation Enduring Freedom, or in preparation for or as a result of Operation Iraqi Freedom, to receive a pay differential. This emergency law, cited as the “Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006,” expires on January 17, 2007 (Act 516 (B. 946), L. 2005, enacted October 25, 2006, at DC ¶9-7200). Compliance Rules and Regulations Regarding Gender Identity or ExpressionRules were adopted by the District of Columbia Commission on Human Rights regarding discrimination based on gender identity or expression in employment, housing, public accommodations, or educational institutions, including all agencies of the District of Columbia government and its contractors. Title 4, Chapter 8, Rules 800 through 899, as adopted effective Oct. 27, 2006. ¶9-20,500.001 through ¶9-20,500.09. Posting of Notices-District Employees Mayor’s Order 2006-151All documents that recite the District of Columbia's policy against discrimination shall fully enumerate all categories of discrimination protected from discrimination by the Human Rights Act of 1977, as amended. Mayor’s order 2006-151, signed Nov. 17, 2006, effective Dec. 17, 2006. ¶9-23,900.01. |
| Florida Top of Page |
Fair Employment Practices LawThe state has enacted a law specifically prohibiting employment discrimination by the Gainesville-Alachua County Regional Airport Authority (Ch. 2006-363 (H. 1629), L. 2006, at FL ¶10-2500). Meal and Rest Periods LawA person who operates a commercial motor vehicle solely in interstate commerce (other than in the Minimum Wage LawFlorida's minimum wage will increase to $6.67 per hour effective January 1, 2007. This represents Recordkeeping/Posters LawThe state's new minimum wage posters that must be displayed beginning January 1, 2007, have been added (FL ¶10-9900). |
| Georgia Top of Page |
| No Updates as of November 30, 2006 |
| Hawaii Top of Page |
Preemployment Inquiries LawThe state has enacted a law providing that criminal history record checks may be conducted by the |
| Idaho Top of Page |
| No Updates as of November 30, 2006 |
| Illinois Top of Page |
| No Updates as of November 30, 2006 |
| Indiana Top of Page |
| No Updates as of November 30, 2006 |
| Iowa Top of Page |
| No Updates as of November 30, 2006 |
| Kansas Top of Page |
| No Updates as of November 30, 2006 |
| Kentucky Top of Page |
| No Updates as of November 30, 2006 |
| Louisiana Top of Page |
Preemployment Inquiries LawThe state has amended its law relating to school board hiring policies (Act 723 (H. 1082), L. Unemployment Insurance LawThe taxable wage base in Louisiana remains at $7,000 for 2007 (LA ¶19-1700). |
| Maine Top of Page |
Smoking in the Workplace LawProvisions in the Code of Maine Rules relating to workplace smoking and smoking in public places |
| Maryland Top of Page |
| No Updates as of November 30, 2006 |
| Massachusetts Top of Page |
Unemployment Insurance LawEffective October 1, 2006, the maximum weekly benefit amount in Massachusetts increased to $575. |
| Michigan Top of Page |
Fair Employment Practices LawBallot Issue 06-2, a measure to ban affirmative action, was approved by voters on November 7, 2006. This initiative amends the state Constitution to ban affirmative action programs that give preferential treatment to groups or individuals based on their race, gender, color, ethnicity or national origin for public employment, education or contracting purposes (MI ¶23-2500). Health Insurance Benefits Coverage LawEffective January 1, 2007, group insurers and HMOs may offer group wellness coverage. Wellness Recordkeeping/Posters LawThe state’s minimum wage law poster and the Washtenaw County living wage poster have been updated |
| Minnesota Top of Page |
Unemployment Insurance LawThe State of Minnesota prepares two separate computations of the weekly benefit amount for each The taxable wage base in Minnesota for 2007 remains at $24,000 (MN ¶24-1700). |
| Mississippi Top of Page |
Violence in the Workplace LawThe state has enacted a law clarifying liabilities of and specifying certain immunity for |
| Missouri Top of Page |
Minimum Wage LawOn November 7, 2006, voters approved Proposition B, raising the minimum wage from $5.15 per hour to $6.50 per hour, effective January 1, 2007. Amendment by Proposition B also provides an exemption for certain agricultural employees and employers, if certain conditions are met. For learners and apprentices, employers may pay not less than 90 cents less than the minimum wage (MO ¶26-1000). Bone Marrow and Organ Donation Leave Rule-Public EmployeesState employees are entitled to a paid leave of absence to serve as a bone marrow or organ donor. Title 1, Division 20, Chapter 5, Section 1 CSR 20-5.020, as amended effective Dec. 30, 2006. ¶26-23,300.01. |
| Montana Top of Page |
Minimum Wage LawOn November 7, 2006, voters approved Initiative 151, raising the minimum wage from $5.15 per hour to $6.15 per hour, effective January 1, 2007. This $6.15 per hour rate excludes the value of tips received and special provisions for a training wage. For small employers whose annual gross sales are $110,000 or less, the minimum wage to be paid employees is $4 an hour (MT ¶27-1000). Unemployment Insurance LawThe current maximum weekly benefit amount in Montana is $362, and the minimum is $103 (MT ¶27-1700). |
| Nebraska Top of Page |
Unemployment Insurance LawWeekly benefit amount information has been updated (NE ¶28-1700). |
| Nevada Top of Page |
Minimum Wage LawOn November 7, 2006, voters approved the Raise the Minimum Wage for Working Nevadans Act by amending the state's constitution. Effective November 28, 2006, employers who offer specified health benefits to their employees can pay a minimum wage of $5.15 per hour. If such benefits are not provided, the minimum wage rate is $6.15 per hour (NV ¶29-1000). Overtime Pay LawOn November 7, 2006, voters approved the Raise the Minimum Wage for Working Nevadans Act by amending the state's constitution. This constitutional amendment also affects the state's daily overtime requirement, effective November 28, 2006 (NV ¶29-1100). Smoking in the Workplace LawOn November 7, 2006, voters approved Initiative Petition 1, the Nevada Clean Indoor Air Act. The law prohibits smoking in most public places, including places of employment (NV ¶29-2700). Unemployment Insurance LawThe current maximum weekly benefit amount in Nevada is $362. The minimum amount is $16 (NV ¶29-1700). The taxable wage base in Nevada for 2007 will be $24,600. This is an increase of $600 over the |
| New Hampshire Top of Page |
Fair Employment Practices LawNew Hampshire Governor John H. Lynch has issued an executive order updating the state's policy on |
| New Jersey Top of Page |
Marital Status Discrimination Law/Sexual Orientation Discrimination LawNew Jersey's Supreme Court has ruled that the state constitution guarantees same-sex couples all |
| New Mexico Top of Page |
Unemployment Insurance LawThe taxable wage base in New Mexico for 2007 will be $18,600. This is an increase of $700 from |
| New York Top of Page |
Health Insurance Benefit Coverage LawNew York’s highest court has upheld a narrow exemption for “religious employers” found in the |
| North Carolina Top of Page |
Unemployment Insurance LawThe maximum weekly benefit amount in North Carolina for the year beginning August 1, 2006, is SUTA dumping provisions have been added (NC ¶34-1700). |
| North Dakota Top of Page |
Unemployment Insurance LawThe current maximum weekly benefit amount in North Dakota is $351, and the minimum amount is $43 The taxable wage base in North Dakota for 2007 will be $21,300. This is an increase of $1,000 from the 2006 taxable wage base amount of $20,300 (ND ¶35-1700). |
| Ohio Top of Page |
Minimum Wage LawState Issue 2 (Ohio Fair Minimum Wage Amendment), approved by voters on November 7, 2006, raises the state minimum wage to $6.85 per hour, effective January 1, 2007 (OH ¶36-1000). Smoking in the Workplace LawState Issue 5, approved by voters on November 7, 2006, enacts statutory law prohibiting smoking in public places and places of employment. Limited exemptions are provided (OH ¶36-2700). Unemployment Insurance LawWeekly benefit amount information has been updated (OH ¶36-1700 ). |
| Oklahoma Top of Page |
| No Updates as of November 30, 2006 |
| Oregon Top of Page |
Recordkeeping/Posters LawThe state has updated its minimum wage posters (English and Spanish versions) (OR ¶38-9900). Unemployment Insurance LawThe current maximum weekly benefit amount in Oregon is $445, and the minimum amount is $104 (OR ¶38-1700). Bureau of Labor Rules of Administrative ProcedureAn injured worker’s right to reinstatement terminates if the worker refuses a bona fide offer from the employer of light duty or modified employment that is suitable prior to becoming medically stationary. This rule was temporarily amended on March 13, 2006 and expired September 8, 2006. Chapter 839, Division 6, Section 839-006-0131, as amended by BLI 34-2006, effective Oct. 4, 2006. ¶38-20,129.131. Family Medical Leave RulesOregon has amended it Bureau of Labor Rules to clarify that, under USERRA, a reemployed service member would be eligible for leave under OFLA if the number of days and the number of hours of work for which the service member was employed by the civilian employer, together with the number of days and number of hours of work for which the service member would have been employed by the civilian employer during the period of uniformed service, meet OFLA’s eligibility requirements. In the event that a service member is denied OFLA leave for failing to satisfy the OFLA days and hours of work requirement due to absence from employment necessitated by uniformed service, the service member may have a cause of action under USERRA but not under OFLA. Chapter 839, Division 9, Section 839-000-0210, as amended by BLI 35-2006, effective Oct. 4, 2006. ¶38-22,500.01. Criminal Background Checks RulesThe time for submitting employment related fingerprints for law enforcement officers was clarified. Chapter 259, Division 8, Section 259-008-0010, as amended by DPSST 12-2006, effective Oct. 13, 2006. ¶38-23,653.01. |
| Pennsylvania Top of Page |
Military and Emergency Services Leave LawThe state has amended its Military Affairs Code relating to leaves of absence for government employees who are members of the state National Guard (Act 2006-150 (S. 1266), L. 2005, enacted November 9, 2006, at PA ¶39-7200). |
| Puerto Rico Top of Page |
| No Updates as of November 30, 2006 |
| Rhode Island Top of Page |
Unemployment Insurance LawThe current maximum UI weekly benefit amount in Rhode Island is $492. The minimum amount is $65. |
| South Carolina Top of Page |
Unemployment Insurance LawThe current maximum and minimum weekly benefit amounts in South Carolina continue to be $303 and $20, respectively (SC ¶42-1700). |
| South Dakota Top of Page |
Unemployment Insurance LawThe current maximum weekly benefit amount in South Dakota is $274 (SD ¶43-1700). |
| Tennessee Top of Page |
Meal and Rest Periods LawThe state has expanded protections for nursing mothers. In addition to state law requiring Unemployment Insurance LawEffective until June 30, 2007, new nongovernmental employers in Tennessee continue to pay 2.7%; Breast-feeding Rights in Employment LawTopic added. The state has expanded protections for nursing mothers. In addition to state law requiring employers to provide breaks for nursing mothers, the state now gives mothers the right to breastfeed their babies in any location, public or private, where the mother and child are otherwise authorized to be. Title 68, Chapter 58, Section 68-58-101, as enacted by Ch. 617 (H.B. 3582), L. 2005, effective May 4, 2006. ¶44-22,651.01. |
| Texas Top of Page |
Unemployment Insurance LawThe current maximum weekly benefit amount in Texas is $364, and the minimum weekly benefit amount is $56 (TX ¶45-1700). |
| Utah Top of Page |
Unemployment Insurance LawWeekly benefit amount information has been updated (UT ¶46-1700). |
| Vermont Top of Page |
Minimum Wage LawVermont's minimum wage will increase from $7.25 per hour to $7.53 per hour, on January 1, 2007, Governor Jim Douglas has announced (Vermont Officer of the Governor Press Release, November 9, 2006, at VT ¶47-1000). Unemployment Insurance LawCertain direct sellers have been excluded from the definition of “employment.” Specifically, a direct seller of consumer products (including services and other intangibles) who operates from a home or other location that is not a permanent retail establishment falls under the exception, if his or her pay is substantially related to sales (rather than hours worked) and the seller’s contract specifically states that he or she will not be treated as an employee for federal and state tax purposes (VT ¶47-1700). Access to Personnel Records LawAll information contained in the personnel files of an individual employee of any public agency must be made available to that individual employee or to a designated representative of the employee. Title 1, Chapter 5, Subchapter 3, Section 317, as amended by Act 132 (H.B. 615), L. 2005, July 1, 2006. ¶47-23,700.01. |
| Virginia Top of Page |
Smoking in the Workplace LawGovernor Timothy M. Kaine has signed an executive order banning smoking in state offices and Unemployment Insurance LawWeekly benefit amount information has been updated (VA ¶48-1700). |
| Washington Top of Page |
Minimum Wage LawWashington's minimum wage will increase to $7.93 per hour effective January 1, 2007 (Washington Unemployment Insurance LawFor 2007, the taxable wage base in Washington increases to $31,400, from $30,900. |
| West Virginia Top of Page |
Unemployment Insurance LawThe current maximum weekly benefit amount in West Virginia is $391. The minimum is $24 (WV ¶50-1700). |
| Wisconsin Top of Page |
Unemployment Insurance LawWeekly benefit amount information has been updated (WI ¶51-1700). |
| Wyoming Top of Page |
Unemployment Insurance LawThe current minimum weekly benefit amount in Wyoming is $25, and the current maximum weekly |
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