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.

September 30, 2004 Update
AlabamaTop of Page
Criminal Background Checks Law
The sheriff of Madison County is authorized to charge a fee for a local criminal history background check for certain persons. The law is not yet codified and reads as enacted by Act 260 (H.B. 476), L. 2004, Sections 1 through 4, effective April 21, 2004. ¶1-23,601.01 through ¶1-23,601.04.
AlaskaTop of Page
No Updates as of September 30, 2004
ArizonaTop of Page

Genetic Testing Law
The state's genetic testing law has been amended to change the term "authorized representative" to "health care decision maker," and to define the latter term (Act 191 (H. 2397), L. 2004, at AZ ¶3-8700).

ArkansasTop of Page
No Updates as of September 30, 2004
CaliforniaTop of Page
Child Support Enforcement Law
Effective January 1, 2005, existing employment protections will be extended to further provide that an employer cannot use an assignment order as grounds for denying an employee a promotion or for taking any other action adversely affecting terms and conditions of employment (Ch. 369 (A. 1706), L. 2003, at CA 5-5500). Also, employers will be authorized to deduct $1.50 (formerly, $1.00) for each payment made pursuant to a child support withholding order (Ch. 520 (A. 2530), L. 2003, at CA ¶5-5500).

Minimum Wage Law
The Cities of Hayward, Pasadena and San Jose have adjusted their living wage rates (CA ¶5-1000).

Preemployment Inquiries Law
Provisions relating to state summary criminal history information and background checks for tow truck operators have been amended (Ch. 184 (S. 1314), L. 2003, at CA 5-9000). Beginning January 1, 2005, the Department of Motor Vehicles may require fingerprint images and associated information from any employee or prospective employee whose duties involve sensitive information, such as access to Social Security numbers or responsibility for critical automated systems. Existing Department employees are not subject to the law (Ch. 419 (A. 2075), L. 2004, at CA ¶5-9000).

Health Insurance Benefit Coverage Law
Certain health care service plans in California must tell group subscribers, upon request, about termination dates in major health care provider contracts (Ch. 411 (A. 321), L. 2004, at CA 5-4000). Also, the state has enacted a law requiring a health care service plan and a health insurer to provide coverage to the registered domestic partner of an employee, subscriber, insured or policyholder that is equal to the coverage it provides to the spouse of those persons (Ch. 488 (A. 2208), L. 2003, at CA ¶5-4000).

Recordkeeping/Posters Law
The law that prohibits employers from certain uses of an individual's Social Security number for security reasons has been tightened - an exception to the law dealing with continuous use will be removed on July 1, 2006 (Ch. 282 (A. 3016), L. 2004, at CA ¶5-9900).
Existing law makes all information and records obtained by California welfare institutions in the course of providing intake assessment and services to persons with developmental disabilities and to persons with mental illness confidential, with limited disclosure exceptions. Beginning January 1, 2005, the confidential information may be disclosed to state civil service employees against whom an adverse action has been filed (Ch. 406 (S. 1819), L. 2004, at CA ¶5-9900). Also, the state has updated its employment discrimination posters (English and Spanish) (CA ¶5-9900).
ColoradoTop of Page
Minimum Wage Law
Thc City of Denver has adjusted its living wage rate (CO ¶6-1000).
ConnecticutTop of Page
No Updates as of September 30, 2004
DelawareTop of Page
Military and Emergency Services Leave Law
Delaware will continue to provide state employees and school district employees who take military leave pursuant to federal mobilizations with their health care insurance for up to two years, provided the employees continue to pay the premiums. This amendment was designed to relieve families of the burden of switching to civil service health insurance and then back again when they return from active duty (S. 296, L. 2004, at DE ¶8-7200).
D.C.Top of Page
No Updates as of September 30, 2004
FloridaTop of Page

Minimum Wage Law
The Miami-Dade County living wage rates have been adjusted (FL ¶10-1000).

 Violence in the Workplace Law
The state's stalking law has been amended with respect to sexual violence (Ch. 2004-17 (H. 495), L. 2004, at FL ¶10-3300).
GeorgiaTop of Page
No Updates as of September 30, 2004
HawaiiTop of Page
No Updates as of September 30, 2004
IdahoTop of Page
No Updates as of September 30, 2004
IllinoisTop of Page
Military and Emergency Services Leave Law
The Volunteer Firefighter Job Protection Act, effective August 25, 2004, prohibits employers in municipalities with populations of 3,500 or less from terminating an employee who is a volunteer firefighter because the employee is absent from or late to work in order to respond to an emergency. The volunteer has notice responsibilities, and the employer may request a written statement from the firefighter's supervisor as well as charge the time against pay. The law may be enforced through a civil action (H. 4851, L. 2003, at IL ¶14-7200).

Unemployment Insurance Law
Rate information has been updated (IL ¶14-1700).

Human Rights Act
The Illinois Attorney General is authorized to file civil action suits on behalf of Illinois individuals for pattern and practice violations of civil rights laws under the Illinois human rights act. Chapter 775, Act 5, Article 10, as amended and enacted by S.B. 2878, L. 2003, effective Aug. 24, 2004. ¶14-20,032.03 and ¶14-20,032.06.

Civil Rights Act 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 race, color, or national origin. Chapter 740. Section 23/1 and 23/5, as amended by P.A. 750 (S.B. 2946), L. 2003, effective Jan. 1, 2005. ¶14-20,034.02.

Criminal Background Checks Law
Provisions pertaining criminal background checks of home health care personnel have been amended. Chapter 225, Section 46/15, as amended by P.A. 878 (S.B. 2726), L. 2003, effective Jan. 1, 2005. ¶14-23,600.23.

Health Insurance Benefit Coverage Law
Effective January 1, 2005, an individual who is participating in a qualified clinical trial may not have his or her policy cancelled or non-renewed because of it. "Qualified cancer trials" are defined in the law (S. 2339, L. 2004, at IL ¶14-4000).

Minimum Wage Law
The City of Chicago has adjusted its living wage rate (IL ¶14-1000).

Preemployment Inquiries Law
Illinois has clarified that for school personnel a criminal background investigation really means a criminal history records check, conducted by the Illinois Department of State Police and the Federal Bureau of Investigation (H. 3977, L. 2004, at IL ¶14-9000).
IndianaTop of Page
No Updates as of September 30, 2004
IowaTop of Page
No Updates as of September 30, 2004
KansasTop of Page
No Updates as of September 30, 2004
KentuckyTop of Page

Health Insurance Benefit Coverage Law
The state has amended its insurance laws with respect to mandated health benefits, effective January 1, 2005 (H. 650, L. 2004, at KY ¶18-4000).
LouisianaTop of Page
Criminal Background Checks Law
A person shall not be disqualified or held ineligible to practice or engage in any trade, occupation or profession for which a license is required, solely because of a prior criminal record. Title 37, Chapter 38, Section 2950, as amended by Act 146 (H.B. 96), L. 2004, effective Aug. 15, 2004. ¶19-23,601.11.
MaineTop of Page
Criminal Background Checks Law
Certified nursing assistants are required to undergo criminal background checks as a condition of licensure and employment. Title 22, Subtitle 2, Part 4, Chapter 405, Section 1812-G, as amended by P.L. 599 (H.B. 1404), L. 2003, effective April 6, 2004. ¶20-23,600.21.
MarylandTop of Page
Criminal Background Checks Law
Private and public employers may require certain current and prospective employees to undergo a criminal history records check as a condition of employment. Title 10, Subtitle 2, Sections 10-228 and 10-231 through 10-236, as amended by Ch. 364 (H.B. 678), L. 2004, effective Oct. 1, 2004. ¶21-23,601.01 through ¶21-23,601.07.
MassachusettsTop of Page

Minimum Wage Law
The Cities of Cambridge and Somerville have adjusted their living wage rates (MA ¶22-1000).

Recordkeeping/Posters Law
The right-to-know poster has been updated (MA ¶22-9900).
MichiganTop of Page

Minimum Wage Law
The Cities of Eastpointe and Detroit have adjusted their living wage rates (MI ¶23-1000).
MinnesotaTop of Page

Health Insurance Benefit Coverage Law
The law relating to health insurance coverage for recruited migrant laborers has been amended (Ch. 206 (H. 2386), L. 2003, at MN ¶24-4000).

 Plant Closings Law
The state has amended its definition of "plant closing" (Ch. 206 (H. 2386), L. 2003, at MN ¶24-3500).
MississippiTop of Page
No Updates as of September 30, 2004
MissouriTop of Page
No Updates as of September 30, 2004
MontanaTop of Page
No Updates as of September 30, 2004
NebraskaTop of Page
No Updates as of September 30, 2004
NevadaTop of Page
No Updates as of September 30, 2004
New HampshireTop of Page

Unemployment Insurance Law
Rate information has been updated (NH ¶30-1700).

New JerseyTop of Page

Health Insurance Benefit Coverage Law
The state has amended its insurance laws with respect to coverage for mammograms (Ch. 86 (A. 2261), L. 2004, at NJ ¶31-4000).

Unemployment Insurance Law
Rate information has been updated (NJ ¶31-1700).

Fair Employment Practices Law
The New Jersey Civil Rights Act went into effect on September 10, 2004. This law supplements the New Jersey Law Against Discrimination (Ch. 143 (A. 2073), L. 2004, at  NJ ¶31-2500).
New MexicoTop of Page
No Updates as of September 30, 2004
New YorkTop of Page
Health Insurance Benefit Coverage Law
No insurers offering life insurance, annuities or accident and health insurance in the state shall make any distinction or otherwise discriminate between persons, reject an applicant, cancel a policy or demand or require a higher rate of premium for reasons associated with an applicant's or insured's past lawful travel experiences (A. 9411, L. 2004, at NY ¶33-4000).
North CarolinaTop of Page
Unemployment Insurance Law
Rate information has been updated (NC ¶34-1700).
North DakotaTop of Page
No Updates as of September 30, 2004
OhioTop of Page

Voting Leave Law
The state has enacted a law allowing certain state employees serving as judges of elections to receive paid leave while doing so (H. 262, L. 2003, at OH ¶36-7300).

Disability Law
Effective November 25, 2004, additional service dog protections have been enacted in Ohio, including the creation of a new offense of harassing a service dog. Also, seizure assistance dogs are now considered service dogs and the statutes will no longer use the name "handicapped assistance dogs" (H. 369, L. 2004, at OH ¶36-2600).
OklahomaTop of Page

Criminal Background Checks Law
Security guards and private investigators are required to undergo a criminal background check as a condition of licensure. Title 59, Chapter 42A, Section 1750.6, as amended by Ch. 151 (S.B. 1098), L. 2003, effective Nov. 1, 2004. ¶37-23,600.51.

Wage Payment Law
Employees who are subject to the provisions of the Oklahoma State Employees' Direct Deposit Act--employees of a state agency, board or Commission or the State Regents for Higher Education and its institutions, but not employees of school districts or political subdivisions of the state--must participate in the direct deposit system. No service charge shall be paid by the employees (S. 1580, L. 2003, at  OK ¶37-1200).
OregonTop of Page
Military and Emergency Services Leave Law
Oregon Governor Ted Kulongoski has announced establishment of a program to allow state employees to donate leave time to coworkers on active duty in the National Guard or Reserves. Under the donated leave program, which is administered by the state Department of Administrative Services (DAS), state employees may donate accrued vacation leave and comp time to active-duty coworkers within their agency (Oregon Governor Ted Kulongoski Press Release, September 1, 2004, at OR ¶38-7200).

Minimum Wage Law
Oregon Labor Commissioner Dan Gardner announced September 17 that the minimum wage in Oregon will increase by 20 cents, from $7.05 an hour to $7.25 an hour, effective January 1, 2005. The increase is based on an inflation rate of 2.6 percent. In November 2002, Oregon voters passed Ballot Measure 25, which requires the Labor Commissioner, who runs the Bureau of Labor and Industries, to annually adjust the minimum wage for inflation based on a rise in the Consumer Price Index (CPI). The annual adjustment is calculated each September, rounded to the nearest five cents, and becomes effective the following January (Oregon Bureau of Labor and Industries Press Release, September 17, 2004, at OR ¶38-1000).
PennsylvaniaTop of Page
No Updates as of September 30, 2004
Puerto RicoTop of Page

Jury Duty and Court Attendance Leave Law
Effective August 5, 2004, employers may not deduct from the salary or leave time of an employee called to be a witness in a criminal case (Act 199 (S. 2467), L. 2004, at PR ¶40-7100).

Veterans’ Preference in Employment Law
Topic added. Public and private employers are required to give preference to a veteran, under equal academic and technical conditions or experience, when filling any position, employment or employment opportunity. Title 29, Part IV, Chapter 66, Sections 812, 814, 818 and 822. ¶40-21,750.01 through ¶40-21,750.04.

Maternity Leave, Public Employment Law
Under the Public Service Personnel Act, employees are entitled to a paid twelve-week term for the birth or adoption of a child. Title 3, Section 1355 as amended by Act 165 (H.B. 2763), L. 2002, effective Aug. 10, 2002. ¶40-22,851.03.
Rhode IslandTop of Page
Health Insurance Benefit Coverage Law
Policies providing coverage for dependent children must include coverage of early intervention services no later than January 1, 2005. The coverage is limited to a benefit of $5,000 per dependent child per policy or calendar year and cannot be subject to deductibles and coinsurance factors, nor may payments count toward annual or lifetime maximums. "Early intervention services" includes, for example, speech and language therapy, occupational therapy and physical therapy (H. 8669, L. 2004, at RI ¶41-4000).
South CarolinaTop of Page
No Updates as of September 30, 2004
South DakotaTop of Page
No Updates as of September 30, 2004
TennesseeTop of Page
No Updates as of September 30, 2004
TexasTop of Page
No Updates as of September 30, 2004
UtahTop of Page
No Updates as of September 30, 2004
VermontTop of Page
Minimum Wage Law
The Wage and Hour Program of the Vermont Department of Labor and Industry has issued new minimum wage rules effective September 1, 2004. The rules replace Wage Order Number 1, covering retail, wholesale and service establishments, and Wage Order Number 2, covering the hotel, motel, tourist place and restaurant industry. The new rules are applicable to all employers of two or more persons unless the employee is specifically exempt under the state's minimum wage law (VT ¶47-1000).

Recordkeeping/Posters Law
The state has updated its child labor and safety posters (VT ¶47-9900).
VirginiaTop of Page
Recordkeeping/Posters Law
The English version of the state's workers' comp poster has been updated. Also, the state's safety and health posters (English and Spanish) have been updated (VA ¶48-9900).
WashingtonTop of Page

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

Recordkeeping/Posters Law
The state's unemployment posters (English and Spanish) have been updated (WA ¶49-9900).

West VirginiaTop of Page

Unemployment Insurance Law
Rate information has been updated (WV ¶50-1700).
WisconsinTop of Page

Minimum Wage Law
The City of Madison has adjusted its living wage rates (WI ¶51-1000).

Unemployment Insurance Law
Rate information has been updated (WI ¶51-1700).

WyomingTop of Page
No Updates as of September 30, 2004

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