Military Service Protection Act
Private employers who employ five or more employees are prohibited from discriminating against an individual based on military service on any active or reserve component of the United States Armed Forces. Under the new law, a person who is injured by an intentional act of discrimination may bring a civil action in a circuit court of competent jurisdiction. Title 12, Chapter 62, Subchapter 8, Sections 12-62-801 through 12-62-808, as enacted by Act 920 (H.B. 1598), L. 2005, effective March 21, 2005.

Child Labor Law
The state has amended the law regarding hours of employment for children under the age of 18. A minor under the age of 18 cannot work more than six days a week, more than 54 hours in any week, more than 10 consecutive hours in any one day, more than 10 hours in a 24-hour period, or before 6 a.m. or after 11 p.m., except that the limitations of 6 a.m. and 11 p.m. do not apply to children under the age of 18 employed on nights preceding nonschool days in occupations determined to be safe by rule of the Arkansas Department of Labor (Act 939 (H. 1838), L. 2005, at AR ¶4-1500).

Jury Duty and Court Attendance Leave Law
The state has enacted a law amending the provisions relating to court and jury leave for state employees. New requirements for employees serving as witnesses have been added (Act 1845 (H. 1795), L. 2005, at AR ¶4-7100).

Maximum Hours Law
The state has repealed its law concerning hours of duty and rest periods of commercial drivers (Act 1691 (H. 2907), L. 2005, at AR ¶4-1300).

Meal and Rest Periods Law
The state has enacted a law ensuring that teachers receive a 30-minute, uninterrupted, duty-free lunch period during each student instructional day, effective August 1, 2005 (Act 1881 (H. 2789), L. 2005, at AR ¶4-1400).

Military and Emergency Services Leave Law
The Military Service Protection Act became effective March 21, 2005. This law declares that a person shall not be discriminated against in employment and other settings because of military service (Act 920 (H. 1598), L. 2005, at AR ¶4-7200).

Preemployment Inquiries Law
The state has created a criminal offense prohibiting registered sex offenders from engaging in employment that requires interaction with children (Act 1779 (H. 2785), L. 2005, at AR ¶4-9000).

Additionally, the state has included registered sex offender status as a possible disqualifying provision for employment with agencies or boards that are mandated to perform criminal background checks (Act 1941 (H. 2714), L. 2005, at AR ¶4-9000).

Wage Payment Law
With limited exceptions, new state government employees will be paid by electronic direct deposit. This will go into effect 90 days after the Arkansas legislature adjourns (Act 1887 (H. 2850), L. 2005, at AR ¶4-1200).

Family, Medical and Parental Leaves Law
Connecticut has enacted a civil union law, effective October 1, 2005. Virtually all benefits, protections and responsibilities granted to spouses in a marriage will be extended to same-sex partners who enter into a civil union in the state. Family medical leave is one of the areas in which this law will impact employers (S. 963, L. 2005, at CT ¶7-7000).

Health Insurance Benefit Coverage Law
Connecticut has enacted a civil union law, effective October 1, 2005. Virtually all benefits, protections and responsibilities granted to spouses in a marriage will be extended to same-sex partners who enter into a civil union in the state. Health insurance is one of the areas in which this law will impact employers (S. 963, L. 2005, at CT ¶7-4000).

Human Rights Act
The District of Columbia has enacted legislation amending the Human Rights Act of 1977 to prohibit employment discrimination based on genetic information. An employer, employment agency, or labor organization is prohibited from requesting or requiring a genetic test of, or administering a genetic test to, an employee or applicant as a condition of employment or membership. Division 1, Title 2, Chapter 14, Sections 2-1401.01 through 2-1401.03 and 2-1402.11, as amended by B. 52 (Act No. 648, Law No. 263), L. 2003, effective April 5, 2005. ¶9-20,025, ¶9-20,025.01 through ¶9-20,025.03, and ¶9-20,025.12.

Human Rights Act
The Human Rights Act of 1977 is amended to extend protections of the Act to Domestic Partners. Division 1, Title 2, Chapter 14, Sections 2-1401.02, as amended by Act 706 (B15-1075; DC Law 15-309), L. 2004, effective April 8, 2005. ¶9-20,025.02.

Criminal Background Checks Law
Employees and unsupervised volunteers of certain providers that provide direct services to children or youth are required to undergo a criminal background check. Title 2, Subtitle A, Sections 201 through 211, as enacted by B. 607 (Act. No. 15-759, Law No. 15-553), L. 2003, effective April 13, 2005. ¶9-23,600.01 through ¶9-23,600.11.

Fair Employment Practices Law
The District of Columbia has amended the Human Rights Act of 1977 to provide that the definition of "marital status" includes domestic partnerships, thereby extending the protections of the act to domestic partnerships (B. 1075 (Act No. 706, Law No. 309), L. 2003, effective April 8, 2005).

Genetic Testing Law
The District of Columbia has enacted legislation amending the Human Rights Act of 1977 to prohibit employment discrimination based on genetic information. An employer, employment agency, or labor organization is prohibited from requesting or requiring a genetic test of, or administering a genetic test to, an employee or applicant as a condition of employment or membership. Obtaining, seeking to obtain or using genetic information of an employee or applicant for employment is also prohibited. Exemptions allow for use of genetic testing or information with the written and informed consent of the employee or applicant to determine the existence of a bona fide occupational qualification, investigate a workers' compensation or disability compensation claim, or determine an employee's susceptibility or exposure to potentially toxic substances in the workplace. The legislation also prohibits health benefit plans and health insurers from using genetic information as a condition of eligibility or in setting premium rates, and prohibits health benefit plans and health insurers from requesting or requiring genetic testing (B. 52 (Act No. 648, Law No. 263), L. 2003, effective April 5, 2005).

Minimum Wage Law
As of January 1, 2006, the minimum wage required to be paid to any employee by any employer in the District of Columbia shall be $7.00 an hour, or the federal minimum wage plus $1, whichever is greater (B. 888 (Act No. 692, Law No. 296), L. 2003, at DC ¶9-1000).

Recordkeeping/Posters Law
The district has amended its workers' comp poster (DC ¶9-9900).

Fair Employment Practices Act
The act has been strengthened by adding disability to the current prohibitions of discrimination in connection with public accommodations in private businesses. Title 67, Chapter 59, Sections 67-5901 through 67-5903 and 67-5909 through 67-5911, as amended by H.B. 249, L. 2005, effective July 1, 2005. ¶13-20,025.01 through ¶13-20,025.03 and ¶13-20,025.09 through ¶13-20,025.11.

Criminal Background Checks Law
The legislature enacted the National Crime Prevention and privacy Compact to improve the quality and completeness of criminal history records made available to a state when it conducts national fingerprint-based record checks for applicant or noncriminal justice purposes. Pursuant to the compact, criminal history records automated and held at the state level will be used in lieu of the records held by the FBI, as state held records are more complete and accurate. Title 67, Chapter 30, Sections 67-3012 and 67-3013, as enacted by H.B. 96, L. 2005, effective July 1, 2005.

Preemployment Inquiries Law
The state has ratified the National Crime Prevention and Privacy Compact (H. 96, L. 2005, at ID ¶13-9000).

Disability Law
The state's fair employment practices law has been strengthened by adding disability to the current prohibitions of discrimination in connection with public accommodations in private businesses. The changes take effect July 1, 2005 (H. 249, L. 2005, at ID ¶13-2600).

No Updates as of April 29, 2005

Recordkeeping/Posters Law
The English version of the state's equal employment opportunity poster has been updated (IN ¶15-9900).

Recordkeeping/Posters Law
The state has updated the following posters: unemployment insurance, workers' comp, and child labor (KS ¶7-9900).

Child Support Enforcement Law
Effective January 1, 2006, an employer with 20 or more employees shall notify in writing the Cabinet for Families and Children, or its designee administering the support order, of any lump sum payment of any kind of $150 or more to be made to an employee under a wage withholding order. An employer with 20 or more employees shall notify in writing the cabinet or its designee no later than 45 days before the lump sum payment is to be made or, if the employee's right to the lump sum payment is determined less than 45 days before it is to be made, the date on which that determination is made. After notification, the employer shall hold each lump sum payment of $150 or more for 30 days after the date on which it would otherwise be paid to the employee and, on order of the court, pay all or a specified amount of the lump sum payment to the Division of Child Support. The employer may deduct the sum of $1.00 for each payment (Ch. 149 (H. 155), L. 2005, at KY ¶18-9900).

Recordkeeping/Posters Law
The English version of the state's job safety poster has been updated (KY ¶18-9900).

Recordkeeping/Posters Law
The state's minor labor law poster has been updated (LA ¶19-9900).

Human Rights Act
Employers are prohibited to deny rights to individuals in employment based on their sexual orientation. "Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression. Title 5, Part 12, Chapter 337, Sections 4552, 4553, 4566, 4571, 4572 and 4612, as amended by P.L. 1196 (S.B. 413), L. 2005, effective 91 days after the adjournment of the legislature. ¶20-20,025.02, ¶20-20,025.03, ¶20-20,026.06, ¶20-20,027.01, ¶20-20,027.02 and ¶20-20,028.02.

Sexual Orientation Discrimination Law
The Maine Human Rights Act has been amended to extend civil rights protections in employment and other areas to all people regardless of sexual orientation (P.L. 10 (S. 413), L. 2005, at ME ¶20-2500).

Fair Employment Practices Law
The Maine Human Rights Act has been amended to extend civil rights protections in employment and other areas to all people regardless of sexual orientation (P.L. 10 (S. 413), L. 2005, at ME ¶20-2500).

Recordkeeping/Posters Law
The state has updated its notice relative to the regulation of employment and its video display terminal poster (ME ¶20-9900).

Wage Payment Law
Maine has amended its wage payment law to require an employer to give notice to all affected employees prior to decreasing the rate of pay. For temporary increases made to comply with federal prevailing wage requirements or other applicable federal or state law, the employer is not required to give notice prior to returning the employee to the regular wage rate, as long as the employer is in compliance with all posting and notice requirements of the applicable law (P.L. 18 (H. 196), L. 2005, at ME ¶20-1200).

Unemployment Insurance Law
For calendar year 2005, there is a surcharge (rate adjustment) of 0.8% in effect, and total rates range from 1.1% to 8.3%. New employers pay 2.1% for 2005, except that new construction employers headquartered in another state pay 4.2%.

Recordkeeping/Posters Law
The state has updated its discrimination poster (MD ¶21-9900).

Criminal Background Checks Law
Employees or volunteers of the Department Human Services who have direct access to children or vulnerable adults are required to undergo a criminal background check. Title 43, Chapter 1, Section 43-1-4, as amended by S.B. 2453, L. 2005, effective July 1, 2005. ¶25-23,600.23.

Preemployment Inquiries Law
Effective July 1, 2005, the Mississippi Department of Human Services will be authorized to perform criminal record background checks on its employees and volunteers (S. 2453, L. 2005, at MS ¶25-9000).

Unemployment Insurance Law
For 2005, the general experience rate is 0.9%, the size-of-fund index is 1.56, the new employer rate is 2.7%, and total rates range from 0.9% to 5.4% (MS ¶25-1700).

Disability Law
The definition of "position" under the Montana Persons With Disabilities Employment Preference Act has been amended to exclude student interns (H. 198, L. 2005, at MT ¶27-2600).

Fair Employment Practices Law
The state has enacted a law authorizing and encouraging state agencies to allow their employees to "telework;" that is, work from home or an alternative work site instead of a central workplace (H. 112, L. 2005, at MT ¶27-2500).

Preference for Veterans, Public Employment Law
The definition of “Position” has been amended to exclude a position occupied by a student intern, who has been accepted in or is currently enrolled in an accredited school, college, or university and is hired directly by an agency in a student intern position. Title 39, Chapter 29, Part 1, Sections 39-29-101, as amended by Ch. 75 (H.B. 198), L. 2005, effective March 24, 2005. ¶27-21,750.01.

Preference for Persons with Disabilities, State Employment Law
The definition of “Position” has been amended to exclude a position occupied by a student intern, who has been accepted in or is currently enrolled in an accredited school, college, or university and is hired directly by an agency in a student intern position. Title 39, Chapter 30, Part 1, Section 39-30-103, as amended by Ch. 75 (H.B. 198), L. 2005, effective March 24, 2005. ¶27-21,950.02.

Family Leave Rules, State Employees
The rules governing procedures for the use of parental leave have been repealed. Title 2, Chapter 21, Subchapter 10, Sections 2.21.1001 through 2.21.1004 and 2.21.1011, as repealed effective April 15, 2005. ¶27-22,500.11 through ¶27-22,500.14 and ¶27-22,500.21.

Drug Testing Law
The state has enacted a law revising the workforce drug and alcohol testing program, which applies to all employers located in or doing business in Montana. The definition of "sample" has been revised to include oral fluid, and the criteria for a qualified testing program have also changed (H. 409, L. 2005, at MT ¶27-8600).

Equal Pay Law
Nebraska law prohibiting discrimination in the payment of wages based on sex is amended as to definition of "employer," to change application of the law from those employing 25 or more employees daily to those employing 15 or more each work day in each of 20 or more calendar weeks in the current or preceding calendar year. Chapter 48, Article 12, Section 48-1220, as amended by L. B. 10, L. 2005, approved by the Governor March 22, 2005, effective three months after adjournment of the state legislature. ¶28-23,100.02.

Recordkeeping/Posters Law
The following posters have been updated: unemployment insurance, minimum wage, protective legislation, whistleblower, and right to know (NH ¶30-9900).

Minimum Wage Law
The state has enacted a law raising its minimum wage to $7.15 per hour over the next two years. New Jersey's minimum wage will increase first to $6.15 an hour on October 1, 2005, and then to $7.15 per hour on October 1, 2006. The state last raised its minimum wage in 1999 to that of $5.15 an hour to comply with the federal rate (Ch. 70 (S. 2065), P.L. 2005, at NJ ¶31-1000).

Human Rights Act
The time period for filing a unlawful discriminatory practice complaint has been extended from 180 days until 300 days after the alleged act was committed. Also, the time period for filing an appeal to an order of the Rights Commission has been extended to 90 days. Chapter 28, Article 1, Sections 28-1-10 and 28-1-13, as amended by Ch. 309 (H.B. 254), L. 2005 and Ch. 311 (S.B. 174), L. 2005, effective June 17, 2005. ¶32-20,025.10 and ¶32-20,025.13.

Genetic Information Privacy Act
The state's Genetic Information Privacy Act has been amended to provide that it is unlawful for a person to use genetic information in employment, recruiting, housing or lending decisions or in extending public accommodations and services. Chapter 24, Article 21, Sections 24-21-2, and 24-21-4, as amended by Ch. 204 (H.B. 183), L. 2005, effective July 1, 2005. ¶32-22,150.02 and ¶32-22,150.04.

Disability Law
In an emergency requiring transportation or relocation of the owner or trainer of a qualified assistance animal, to the extent practicable, accommodations shall be made for the qualified assistance animal to remain or be reunited with the owner or trainer (Ch. 224 (H. 561), L. 2005, at NM ¶32-2600).

Health Insurance Benefit Coverage Law
Group insurers and HMOs must provide coverage for screening for human papillomavirus (Ch. 133 (H. 477), L. 2005, at NM ¶32-4000).

Minimum Wage Law
The state has enacted a law clarifying employee/independent contractor standards for the construction industry (Ch. 94 (S. 657), L. 2005, at NM ¶32-1000).

The minimum wage for tipped employees has also been clarified (Ch. 306 (H.178), L. 2005, at NM ¶32-1000).

Wage Payment Law
The state has enacted a law to strengthen protections for day laborers. Penalties for failure to pay wages in accordance with the state's wage payment law have also been amended (Ch. 257 (H. 672), L. 2005, at NM ¶32-1200).

Additionally, the law relating to direct deposit for state employees has been amended (Ch. 93 (S. 639), L. 2005, at NM ¶32-1200).

Preemployment Inquiries Law
The state has enacted a law to make changes to the procedure for conducting national criminal history record checks for long-term care facilities to conform with federal requirements, as recommended by the North Carolina Study Commission on Aging (S. 41, L. 2005, at NC ¶34-9000).

Criminal Background Checks Law
Procedures for conducting national criminal history record checks for employees of nursing home, adult care and home care facilities have been changed to conform with Federal requirements. Chapter 114, Article 4, Section 114-19.10, as amended by S.L. 2005-4 (S.B. 41), L. 2005, effective March 28, 2005. ¶34-23,600.15.

Criminal Background Checks Law
Procedures for conducting national criminal history record checks for employees of long-term care facilities have been changed to conform with Federal requirements. 122C, Chapter 3A, Section 122C-80, as amended by S.L. 2005-4 (S.B. 41, L. 2005, effective March 28, 2005. ¶34-23,600.21.

Criminal Background Checks Law
Procedures for conducting national criminal history record checks for employees of adult care home have been changed to conform with Federal requirements. Chapter 131D, Article 5, Section 131D-40, as amended by S.L. 2005-4 (S.B. 41, L. 2005, effective March 28, 2005. ¶34-23,600.25.

Criminal Background Checks Law
Procedures for conducting national criminal history record checks for employees of health care facilities have been changed to conform with Federal requirements. Chapter 131E, Article 16, Section 131E-265, as amended by S.L. 2005-4 (S.B. 41, L. 2005, effective March 28, 2005. ¶34-23,600.41.

Whistleblower Protection Law
The law relating to prohibiting retaliatory acts against participants in discriminatory practices actions has been amended (H. 1130, L. 2005 at ND ¶35-3600).

Fair Employment Practices Act
If a person elects to bring an action in the district court under the state's Fair Employment Practice Act, any pending administrative action based upon the same discriminatory acts must be dismissed immediately. Title 14, Chapter 14-02.4, Sections 14-02.4-02, 14-02.4-19, 14-02.4-20 and 14-02.4.23, as amended by S.B. 2117, L. 2005, effective Aug. 1, 2005. ¶35-20,025.02, ¶35-20,025.19, ¶35-20,025.20, ¶35-20,025.23 and ND ¶35-2500.

Disability Law
Effective August 1, 2005, if a place of public accommodation has an architectural or communication barrier, the person engaged in the provision of public accommodations shall remove the barrier, if removal is readily achievable (S. 2117, L. 2005, at ND ¶35-2600).

Preemployment Inquiries Law
The state's background checks law has been amended with respect to caregivers for vulnerable adults (H. 1484, L. 2005, at ND ¶35-9000).

Criminal Background Checks Law
Persons having contact with children, mentally disabled and elderly are required to submit fingerprints and undergo a criminal records check. Title 1, Chapter 109, Section 109.572, as amended by H.B. 11, L. 2005, effective May 18, 2005 and H.B. 68, L. 2005, effective July 1, 2005. ¶36-23,600.11.

No Updates as of April 29, 2005

Unemployment Insurance Law
Contribution rates in South Dakota will continue to be determined from the basic rate schedule for 2005. As a result, rates for positive-balance employer will range from 0.0% to 1.0%, and rates for negative-balance employers will range from 1.2% to 7.0%. In addition, the investment fee remains in effect this year.

Recordkeeping/Posters Law
The state has enacted a law further restricting the use of social security numbers. Certain employers may be affected (Ch. 640 (H. 2482), L. 2004, at VA ¶48-9900).

Unemployment Insurance Law
For 2005, the fund balance factor is 39.3%. However, since, under the law, the fund balance factor may not be below 50% in any given year, rates for experience-rated employers are determined based on a fund balance factor of 50% this year. The pool cost charge is 0.22%, and the fund building charge is 0.2% for 2005. As a result, rates range from 0.52% to 6.64%, and new employers pay 2.92% in 2005. New out-of-state contractors of buildings and/or roads pay 6.62% this year. All rates include both the fund building charge and the pool cost charge (VA  ¶48-1700).

Wage Payment Law
Effective July 1, 2005, anyone who writes a check, draft or order to pay employees wages due knowing that there is insufficient funds or credit to make such payment will be guilty of a Class 1 misdemeanor. If the value of the check, draft or order has a representative value of $200 or more, then the person will be guilty of a Class 6 felony (Ch. 598 (H. 2674), L. 2004, at VA  ¶48-1200).
Also effective July 1, 2005, employers who willfully and with intent to defraud fail or refuse to pay employees their wages due will be guilty of a Class 1 misdemeanor if the value of the unpaid wages is less than $10,000, and will be guilty of a Class 6 felony if the value of the unpaid wages is $10,000 or more or, regardless of the value of unpaid wages, if the conviction is a second or subsequent conviction (Ch. 595 (H. 2638), L. 2005, at VA  ¶48-1200).

Workers' Compensation Law
Virginia has enacted a law providing that any injury, disease or condition resulting from the use by an employee of a dealer motor vehicle for commuting to or from work or any other non-work activity is not compensable under workers' compensation (Ch. 374 (H. 1728) and Ch. 354 (S. 1215), L. 2004, at VA  ¶48-4300).

Child Support Enforcement Law
The state has amended its Uniform Interstate Family Support Act (Ch. 754 (S. 1040), L. 2004, at VA  ¶48-5500).

Fair Employment Practices Law
The state's human rights law has been amended to clarify the terms "because of sex or gender" or "on the basis of sex or gender," effective October 1, 2005 (Ch. 839 (H. 2640), L. 2004, at VA  ¶48-2500).

Additionally, the law has been amended with respect to deadlines for bringing employment discrimination actions (Ch. 756 (S. 1079), L. 2004; Ch. 770 (S. 1258), L. 2004; and Ch. 857 (H. 2907), L. 2004, at VA  ¶48-2500).

Meal and Rest Periods Law
The state's "day of rest" law has been repealed, effective July 1, 2005. This law currently requires employers to allow employees to take one, 24-hour consecutive day of rest each calendar week, with exceptions for emergencies and in certain industries and businesses (Ch. 823 (H. 2393), L. 2004, at VA  ¶48-1400).

Preemployment Inquiries Law
The state has amended its background checks law with respect to certain workers in assisted living facilities, adult day care centers, child welfare agencies and family day homes (Ch. 723 (H. 2098), L. 2004, at VA  ¶48-9000).

Voting Leave Law
Virginia has enacted a law providing that any person who serves as an officer of election shall neither be discharged from employment, nor have any adverse personnel action taken against him or her, nor shall the person be required to use sick leave or vacation time, as a result of his or her absence from employment due to such service, provided he or she gave reasonable notice to the employer of such service. No person who serves for four or more hours, including travel time, on his or her day of service shall be required to start any work shift that begins on or after 5:00 p.m. on the day of his or her service or begins before 3:00 a.m. on the day following the day of service. Any employer violating these provisions shall be guilty of a Class 3 misdemeanor (Ch. 790 (H. 1840), L. 2004, at VA  ¶48-7300).

Whistleblower Protection Law
The state has amended the law relating to the deadline for filing certain whistleblower discrimination complaints (Ch. 743 (S. 971), L. 2004; and Ch. 789 (H. 1834), L. 2004, at VA  ¶48-3600).

Minimum Wage Law
The City of La Crosse has enacted a minimum wage ordinance, effective December 1, 2005 (WI ¶51-1000).

No Updates as of April 29, 2005