State Law Changes

April 30, 2008 Update

No Updates as of April 30, 2008

Family, Medical, and Parental Leaves Law

In its first ruling on the Moore-Brown-Roberti Family Rights Act (or "CFRA," the state's family and medical leave act), the California Supreme Court held that the failure to seek a "tie-breaking" determination from a health care provider jointly chosen by the parties as to whether an employee was entitled to medical leave did not bar an employer from later claiming the employee did not suffer from a serious health condition and was capable of performing her job. The employer was not required to invoke this dispute-resolution mechanism provided by the statute, the high court held. Rather, the statute provides the employer "a choice of obtaining or not obtaining a binding decision from a third health care provider." The high court also ruled that an employee's working part-time in a similar job for another employer during the period in which she sought medical leave does not conclusively establish that she was capable of performing her regular job. The part-time job "is evidence of ability to do similar work for the original employer from whom the employee has sought medical leave," the court held. "The relevant inquiry is whether a serious health condition made her unable to do her job at defendant's hospital, not her ability to do her essential job functions 'generally.' " Because conflicting evidence created a disputed issue of material fact on this point, the employee was afforded the chance to convince a jury that her part-time job was quite different than the full-time position that she alleged she was incapable of performing (Lonicki v Sutter Health Central, CalSCt, April 7, 2008, at CA ¶5-7000).

Breastfeeding Rights in Employment Law

Private and public employers who have one or more employees are to provide reasonable unpaid break time or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for her nursing child for up to two years after the child's birth. Title 8, Article 13.5, Sections 8-13.5-101 through 8-13.5-104, as enacted by H.B. 1276, L. 2008. The law shall take effect at 12:01 a.m. on the day following the expiration of the 90-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to Article V, Sec.1 (3) of the state constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. ¶6-22,650.01 through ¶6-22,650.04.

Fair Employment Practices Law

An employee in Colorado will be free to discuss his or her own wage information under a new provision enacted April 17, 2008. Unless otherwise permitted by federal law, employers will be prohibited from firing an employee or from using other forms of discipline because the employee inquires about, discloses, compares or otherwise discusses the employee’s wages. Additionally, an employer won’t be able to require nondisclosure of the employee’s own wage information as a condition of employment or require the employee to sign a waiver or other document that purports to deny the employee the right to disclose such information. As an exception, this provision will not apply to employers exempt under provisions of the National Labor Relations Act (S. 122, L. 2008, enacted April 17, 2008, at CO ¶6-2500. Effective date is pending – laws generally take effect 90 days after final adjournment of the general assembly (August 6, 2008, if adjournment sine die is on May 7, 2008, as scheduled)).

Meal and Rest Periods Law

The state has enacted a law establishing a standard for an employer to provide reasonable unpaid break time or allow an employee to use paid break or meal time to express breast milk for her nursing child and to make reasonable efforts to provide a nursing mother with a private location in which to express milk in the workplace (H. 1276, L. 2008, at CO ¶6-1400).

Military and Emergency Services Leave Law

The state has enacted a law protecting the jobs of employees who leave work to respond to specified emergency summonses as volunteer firefighters when the employer has been notified previously of the employee's status as a trained and certified volunteer firefighter and receives written verification that the employee so responded (S. 116, L. 2008, at CO ¶6-7200).

Disability Law

All Connecticut employers are required to make reasonable accommodations for employees with disabilities, the state supreme court has ruled in an issue of first impression, even though the Connecticut Human Rights and Opportunities Act does not explicitly require such a duty. The Connecticut Commission on Human Rights and Opportunities has "consistently interpreted" the statute to include a reasonable accommodation duty, and the agency's interpretation of the statute was reasonable. Various trial courts have followed the same interpretation, the high court noted. The statute imposes a duty on employers to engage in an "interactive process" to identify the "precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations." In so holding, the supreme court reversed and remanded the case of a discharged employee, concluding that triable issues existed as to whether he was able to work his shift with a reasonable accommodation (Curry v Allan S. Goodman, Inc, ConnSCt, officially released April 15, 2008, at CT ¶7-2600).

Workers' Compensation Law

The Connecticut Supreme Court has reversed a jury verdict of more than $41 million against a general contractor and in favor of a construction worker who was severely injured on a job site after being struck by a steel crossbeam that fell due to a failed weld. The trial court erred in concluding the general contractor owed a nondelegable duty of care under the state building code to inspect all welds, and that its failure to do so was negligence per se. Assuming such a duty arises under the building code, it is not nondelegable, and the general contractor’s duty was satisfied when the contractor hired a subcontractor to perform the inspection work. In addition, the high court held the jury was properly denied an instruction that the general contractor had a duty to inspect under common-law negligence principles, since it was not foreseeable that the subcontractor would not fulfill its contractual obligation to inspect the welds. The jury was also correctly denied the chance to consider whether the general contractor had retained control (and thus liability) over the inspection of welds at the work site, since the evidence so clearly demonstrated that the general contractor did not retain control over the "area or instrumentality" that caused the plaintiff harm (Pelletier v Sodroni/Skanska Construction Co, ConnSCt, April 22, 2008, at ¶7-4300).

Minimum Wage Law

The District's living wage rate, authorized by the Living Wage Act of 2006, has been increased by three percent to $12.10 per hour, effective retroactive to January 1, 2008 (DC ¶9-1000).

Violence in the Workplace Law

Florida Governor Charlie Crist has signed the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008.” The law, which will take effect July 1, 2008, and apply to causes of action accruing on or after that date, prohibits public and private employers from prohibiting customers, employees, and invitees from possessing any legally owned firearm that is lawfully possessed and locked inside or locked to private motor vehicles in parking lots (H. 503, L. 2008, at FL ¶10-3300).

No Updates as of April 30, 2008

Workers’ Compensation Law

Whenever a student participating in a school-approved work-based learning program sponsored by the department of education or the University of Hawaii undertakes to perform work for a private or public employer as part of the student's work-based learning program, whether paid or unpaid, the state shall be deemed to be the responsible employer for the purposes of workers' compensation coverage (H. 2441, L. 2007, enacted and effective April 22, 2008, at HI ¶12-4300).

Preemployment Inquiries Law

The state has enacted a law amending criminal history check requirements for school district employees and applicants for certificates (H. 566, L. 2008, at ID ¶13-9000).

Violence in the Workplace Law

In what looks to be the first “workplace bullying” litigation of its kind, the Indiana Supreme Court, in a 4-1 decision, reinstated a verdict of $325,000 in favor of an employee who was the victim of an assault at the hands of a surgeon during a verbal altercation at the hospital. The high court rejected the surgeon's assertions that the damages award was excessive and that the ultimate finding of assault was based on insufficient evidence, as well as his challenges to the testimony of the plaintiff's expert witness (a “bullying expert”) and the admission of testimony regarding the surgeon's prior bad acts in order to paint him as a workplace bully. The supreme court also rejected the surgeon's challenge to the trial court's refusal to give jury instructions that there was no basis in the law for a “workplace bullying” claim. “Without any context, the ‘workplace bullying’ label is nothing more than highly prejudicial name-calling of no help to the jury,” wrote Justice Boehm, dissenting (Raess v Doescher, IndSupCt, April 8, 2008, at IN ¶15-3300).

Civil Rights Act

A bill extending the length of time a person has to submit a complaint of a discriminatory or unfair practice to the Civil Rights Commission from 180 to 300 days was signed into law on March 28 by Iowa Governor Chet Culver. This legislation, aligns the Iowa Civil Rights Commission claim submission timeline with the federal timeline, and allows Iowans more flexibility to choose whether to file their claims federally or with the state. Title VI, Subtitle 1, Chapter 216, Section 216.15, S.F. 2292, L. 2008, effective July 1, 2008. ¶16-20,025.15.

Fair Employment Practices Law

The time period during which a complaint of employment discrimination may be filed with the
Iowa Civil Rights Commission has been expanded from 180 to 300 days after the alleged discriminatory practice occurred (S. 2292, L. 2007, enacted March 27, 2008, at IA ¶16-2500).

Health Insurance Benefit Coverage Law

A contract, policy, or plan providing for third-party payment or prepayment of health or medical expenses that provides coverage benefits for any vaccination or immunization shall provide coverage benefits for a vaccination for human papilloma virus (HPV), on or after January 1, 2009 (H. 2145, L. 2007, enacted April 18, 2008, at IA ¶16-4000).

Minimum Wage Law

Iowa has amended its minimum wage law with respect to exemptions (H. 2194, L. 2007, enacted March 25, 2008, at IA ¶16-1000).

Workers' Compensation Law

The state's workers' compensation law has been amended with respect to benefit payments for burial expenses (S. 2221, L. 2007, enacted March 26, 2008, at IA ¶16-7300).

Age Discrimination Law

The state's age discrimination law has been amended to define “age” as 40 or more years. Prior law defined “age” as 18 or more years (H. 2771, L. 2007, at KS ¶17-2800).

Discrimination in Employment Act

The state's age discrimination law has been amended to define “age” as 40 or more years. Prior law defined “age” as 18 or more years Chapter 44, Article 11, Sections 44-1112 and 44-1118, as amended by H.B. 2771, L. 2007, enacted April 21, 2008, and effective from and after its publication in the statute book. ¶17-20,650.02 and ¶17-20,650.08.

Unemployment Insurance Law

Penalty provisions have been amended (H. 2771, L. 2007, at KS ¶17-1700).

Overtime Pay Law

The law relating to compensatory leave time for local government employees has been amended (Ch. 75 (H. 365), L. 2008, at KY ¶18-1100).

Disability Law

The statutory definition of “service animal” has been added to the Human Rights Act. “Service animal” means any animal that has been determined necessary to mitigate the effects of a physical or mental disability by a physician, psychologist, physician's assistant, nurse practitioner or licensed social worker. Also, any animals individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or fetching dropped items are also considered “service animals” (H. 1648, L. 2007, effective June 30, 2008, at ME ¶20-2600).

Family Medical Leave Law

Requests for family medical leave were expanded to include an employee's sibling. "Sibling" means a sibling of an employee who is jointly responsible with the employee for each other's common welfare as evidenced by joint living arrangements and joint financial arrangements. Title 26, Chapter 7, Subchapter VI-A, Section 843, as amended by P.L. 519 (H.B. 1514), L. 2008, effective 91 days after the adjournment of the legislature. ¶20-22,450.01.

Family, Medical and Parental Leaves Law

The state has enacted a law that will allow an employee to take family medical leave for a sibling with a serious health condition or who dies (P.L. 519 (H. 1514), L. 2007, enacted March 27, 2008, and effective June 30, 2008, at ME ¶20-7000).

Health Insurance Benefit Coverage Law

Beginning January 1, 2009, group insurers and HMOs will be required to provide coverage for colorectal cancer screenings (P.L. 516 (H. 1495), L. 2007, enacted March 26, 2008, at ME ¶20-4000).

Human Rights Act

The statutory definition of ``service animal'' has been added to the Human Rights Act. ``Service animal'' means any animal that has been determined necessary to mitigate the effects of a physical or mental disability by a physician, psychologist, physician's assistant, nurse practitioner or licensed social worker. Also, any animal individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or fetching dropped items are also considered a ``service animal.'' Title 5, Part 12, Chapter 337, Subchapter 1, Sec. 4553, as amended by H.B. 1648, L. 2007, effective June 30, 2008. ¶20-20,025.03.

Human Rights Commission Employment Regulations

The regulatory definition of ``physical or mental disability'' was repealed. 94-348, Chapter 3, Sec. 3.02, as amended effective April 14, 2008. ¶20-20,025.02.

Minimum Wage Law

Maine Governor John E. Baldacci signed legislation on April 17, 2008, that will increase the minimum wage from $7.00 per hour to $7.25 per hour on October 1, 2008, and again to $7.50 per hour effective October 1, 2009 (Ch. 640 (S. 604), L. 2008, at ME ¶20-1000).

Overtime Pay Law

Maine Governor John E. Baldacci signed legislation on April 17, 2008, that will increase the minimum wage as noted just above and that will also repeal certain overtime exemptions for hotels, motels, restaurants and other eating establishments. The effective date of these repeals is dependent upon the adjournment date of the current legislative session (Ch. 640 (S. 604), L. 2008, at ME ¶20-1100).

Violence in the Workplace Law

The state has amended its stalking laws by expanding the prohibited conduct and providing for additional aggravating factors that elevate an offense to a crime. Stalking will include fear of damage or destruction to or tampering with property and fear of injury to or the death of an animal owned by or in the possession of the person being stalked (P.L. 685 (S. 681), L. 2007, enacted April 24, 2008, at ¶20-3300).

Equal Pay Law

Private and public employers in Maryland must keep records and provide reports as required by the Commissioner of Labor and Industry on employee wages, job classification and other conditions of employment. Effective October 1, employers will also be required to keep records and report on the racial classification of employees and gender of employees. The Commissioner may use these records in order to study pay disparity issues and is to give a report of the analysis to the General Assembly on or before October 1, 2013. Title 3, Subtitle 3, Section 3-305, as amended by Ch. 114 (H.B. 1156), L. 2008, effective October 1, 2008. MD ¶21-23,100.05.

Preemployment Inquiries Law

Effective October 1, 2008, county boards of education will be prohibited from knowingly hiring or retaining any individual who has been convicted of specified crimes, including violent crimes and child abuse (Ch. 289 (H. 652), L. 2008, at MD ¶21-9000).

Rules of Procedure for Public Hearings Before the Maryland Commission on Human Relations

The rules of procedure for a public hearing before the Maryland Commission on Human Relations were amended and recodified pursuant to the requirements of the Regulatory Review and Evaluation Act. Also, new regulations were adopted to implement the amendments to Article 49B, section 11, of the Fair Employment Practices, that provides a private right of action in employment discrimination cases. Title 14, Subtitle 03, Chapter 01, Sections. .02 through .21, as amended and adopted effective April 7, 2008. ¶21-20,125.01 through ¶21-20,125.21.

Unemployment Insurance Law

For calendar year 2008, rates are determined under Table A, and range from 0.3% to 7.5%. New employers pay 2.3% for 2008, except that new construction employers headquartered in another state pay 3.6% (MD ¶21-1700).

Wage Payment Law

The state has amended its wage payment law with respect to the payment of wages upon termination of employment (Ch. 220 (S. 797), L. 2008, at MD ¶21-1200).

Minimum Wage Law

Triple damages will be awarded to Massachusetts employees who prevail in state minimum wage lawsuits, even where employer violations are inadvertent (Ch. 80 (S. 1059), L. 2007, enacted April 14, 2008, at MA ¶22-1000).

Overtime Pay Law

Triple damages will be awarded to Massachusetts employees who prevail in state overtime pay lawsuits, even where employer violations are inadvertent (Ch. 80 (S. 1059), L. 2007, enacted April 14, 2008, at MA ¶22-1100).

Wage Payment Law

Triple damages will be awarded to Massachusetts employees who prevail in state wage-hour lawsuits, even where employer violations are inadvertent (Ch. 80 (S. 1059), L. 2007, enacted April 14, 2008, at MA MA ¶22-1200).

Veteran’s Preference in Public Employment Law

In every public department and upon the public works of the state and of every county and municipal corporation of this state, an honorably discharged veteran, shall be preferred for appointment and employment. Age, loss of limb, or other physical impairment that does not, in fact, incapacitate, does not disqualify them. If it is necessary to fill by appointment a vacancy occurring in an elective office, the appointment is within this act. The applicant shall be of good moral character and shall have been a resident of the state for at least 2 years and possess other requisite qualifications, after credit allowed by the provisions of any civil service laws. Chapter 35, Section 35.401, as amended by P.A. 28 (S.B. 750), L. 2008, effective March 13, 2008. ¶23-21,750.01.

Workers' Compensation Law

In a negligence suit brought by an injured construction worker - a carpenter who fell from a mezzanine-level lift while not wearing a required safety harness – the Michigan Supreme Court reversed the lower courts’ denial of summary judgment to a general contractor under the state’s "common-work-area" doctrine. A general contractor is liable under the doctrine if it fails to ensure that workers observe safety procedures, and its negligence in this regard "results in a significant number of workers being exposed to a high degree of risk in a common work area." The case turned on whether the danger in question that caused the injury was the height itself or working at that height without fall-protection equipment. A significant number of workers were exposed to working at that height - an unavoidable condition of construction work, the high court noted. But only the injured employee was exposed to the danger of working at such a height without a harness. As such, a significant number of workers were not exposed to the danger that befell the carpenter, and the common work area doctrine did not apply. The general contractor thus could not be held liable (Latham v Barton Malow Co, MichSCt, April 14, 2008, at MI ¶23-4300).

Unemployment Insurance Law

For 2008, the base rate is 0.40%, and the Workforce Enhancement Fee is 0.10%. An additional assessment of 14.0% of the tax due is in effect for 2008. High experience rating industry new employers will be assigned a total rate of 9.68%. All other new employers will be assigned a total rate of 2.36% for 2008 (MN ¶24-1700).

Wage Payment Law

The applicability of existing law regulating payroll cards and payroll accounts has been extended. Under prior law, these provisions were set to expire on May 31, 2008 (Ch. 168 (S. 2830), L. 2007, enacted April 3, 2008, at MN ¶24-1200).

Health Insurance Benefit Coverage Law

The state has removed the July 1, 2008, repealer on its law requiring reimbursement for marriage/family therapist services (S. 2475, L. 2008, at MS ¶25-4000).

Disability Law

The state has amended its law relating to service animals. Prior law referred only to dogs as service animals; the new law uses the broader term of “service animals” (L.B. 806, L. 2007, enacted April 17, 2008, at NE ¶28-2600).

Minimum Wage Law

The minimum wage rates for employees in the State of Nevada will increase, effective July 1, 2008. Governor Jim Gibbons has announced that the minimum wage for employees who receive qualified health benefits from their employers will increase from $5.30 per hour to $5.85 per hour, and the minimum wage for employees who do not receive such health benefits will increase from $6.33 per hour to $6.85 per hour (State of Nevada, Governor Jim Gibbons Press Release, March 28, 2008; State of Nevada, Office of the Labor Commissioner, 2008 Annual Bulletin, April 1, 2008, at NV ¶29-1000).

Overtime Pay Law 

Nevada Labor Commissioner Michael Tanchek recently announced changes to Nevada's daily overtime requirement. Effective July 1, 2008, employees who receive qualified health benefits from employers and earn less than $8.775 per hour and employees earning less than $10.275 per hour who do not receive qualified health benefits must be paid overtime whenever they work more than eight hours in a 24-hour period (State of Nevada, Department of Business and Industry, Director's Office Press Release, March 27, 2008; State of Nevada, Office of the Labor Commissioner, Daily Overtime 2008 Annual Bulletin, April 1, 2008, at NV ¶29-1100). The daily overtime changes that take effect on July 1, 2008, are a result of the recent adjustments to Nevada's minimum hourly wage.

No Updates as of April 30, 2008

Drug Testing Law

Under the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, evidential breath tests to determine an employee's blood alcohol content must be confirmed by a licensed testing facility before an employer may take disciplinary action in reliance on the test results, ruled the Oklahoma Supreme Court. Based solely on the results of two breath tests administered to the employee, the employer terminated him within an hour of the administration of the second test, and informed him there was no procedure to appeal his dismissal. No sample of the employee's breath was collected that could be independently tested at a later date, and no sample of any bodily fluid was taken or preserved. Further, the employer's clinic did not have a license to perform laboratory services. At the time of the employee's tests, evidential breath tests were regarded as laboratory services that must be confirmed by a licensed testing facility, which the employer failed to do (Estes v ConocoPhillips Co, OklaSCt, March 4, 2008, at OK ¶37-8600).

Religious Discrimination Law

The state has expanded protection from religious discrimination for health care workers.
The Freedom of Conscience Act will take effect November 1, 2008 (S. 1878, L. 2007, enacted April 17, 2008, at OK ¶37-2900).

Unemployment Insurance Law

By December 31, 2008, the Oklahoma Employment Security Commission will be required to implement electronic filing procedures for employers to file the Employer's Quarterly Contributions and Wage Report and also to pay taxes utilizing the Internet (H. 2662, L. 2007, enacted April 22, 2008, at OK ¶37-1700).

Fair Employment Practices Act

The enforcement provisions were amended to integrate changes made to housing provisions. Title 51, Chapter 659A, Sections 659A.001, 659A.820 through 659A.830, 659A.840 through 659A.850 and 659A.870 through 659A.835, as amended by H.B. 3639, L. 2008, effective March 11, 2008. Paras ¶38-20,025.001, ¶38-20,025.820 through ¶38-20,025.830, ¶38-20,025.840 through ¶38-20,025.850, and ¶38-20,025.870 through ¶38-20,025.835.

Veterans’ Preference in Public Employment Rule

The Oregon Department of Administrative Services, Human Resource Services Division has permanently adopted a rule establishing methods of providing qualified veterans and disabled veterans with preference in employment with the state. The rule also specifies the process by which a veteran or disabled veteran may request and receive a written explanation for a decision not to appoint the veteran or disabled veteran applicant. Chapter 105, Division 40, Section 105-040-0015, as adopted by HRSD 1-2008, effective March 1, 2008. ¶38-21,800.01.

Employment of Aliens E.O. 08-01

Topic added. The Department of Administration shall require that all persons and businesses, including grantees, contractors and their subcontractors and vendors doing business with the State of Rhode Island register with and utilize the services of the E-Verify program to ensure compliance with federal and state law. Executive Order 08-01, signed March 27, 2008. ¶41-24,050.

Recordkeeping/Posters Law

Governor Donald L. Carcieri has signed an executive order addressing illegal immigration control (Executive Order 08-01, at RI ¶41-9900).

Unemployment Insurance Law

The contribution rates for positive-balance employers for 2008 range from 1.24% to 3.34% (SC ¶42-1700).

Disability Law

The word “handicap” has been changed to “disability” in the Tennessee Human Rights
Act and in sections of law relating to discrimination and assistance for handicapped public employees (Ch. 706 (H. 2993), L. 2007, effective April 7, 2008, at TN ¶44-2600).

Discrimination Because of Disability Law

The word ``handicap'' was changed to the word ``disability'' in the law. Title 8, Chapter 50, Sections 8-50-103 and 8-50-104, as amended by Ch. 706 (H.B. 2993), L. 2007, effective April 7, 2008. ¶44-20,750.01 and ¶44-20,750.02. 

Fair Employment Practices Law

The word “handicap” was changed to the word “disability” in the Act. Title 4, Chapter 21, Sections 4-21-102 and 4-21-401 through 4-21-404, as amended by Ch. 706 (.B. 2993), L. 2007, effective April 7, 2008. ¶44-20,025.102 and ¶44-20,025.401 through ¶44-20,025.404.

Unemployment Insurance Law

Effective until June 30, 2008, Premium Rate Table 3 is in effect. Employers with a positive reserve ratio of 20% or more will receive a 0.40% premium rate (TN ¶44-1700).

No Updates as of April 30, 2008

Child Labor Law

Virginia has amended its child labor law to remove the exclusion for drivers of school buses from
the existing provision that prohibits children under 18 years of age from working as a driver of a truck or commercial vehicle of more than two axles (Ch. 552 (H. 1160), L. 2008, at VA  ¶48-1500).

Criminal Background Checks Law

Every school board shall require on its application for employment, as a condition of employment requiring direct contact with students, whether full-time or part-time, permanent, or temporary, certification that the applicant has not been the subject of a founded case of child abuse and neglect. Any person making a materially false statement regarding a finding of child abuse and neglect shall be guilty of a Class 1 misdemeanor and upon conviction, the fact of said conviction shall be grounds for the Board of Education to revoke such person's license to teach (Title 22.1, Chapter 15, Section 22.1-296.1, as amended by H.B. 1242, L. 2008, effective July 1, 2008. ¶49-23,600.01.

Disability Law

The state has expanded the rights of persons with disabilities who use service dogs in public places and places of public accommodation (Ch. 506 (H. 853), L. 2008, at VA ¶48-2600).

Discrimination in Public Contracts Law

The definition of ``small business’’ was amended to include a business, independently owned or operated by one or more persons who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, which, together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years. Title 2.2, Subtitle II, Part B, Chapter 43, Section 2.2-4310, as amended by H.B. 1386, L. 2008, effective July 1, 2008. ¶49-23,301.01.

Employment of Aliens Law

All public bodies shall provide in every written contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. Title 2.2, Subtitle II, Part B, Chapter 43, Section 2.2-4311.1, as enacted by H.B. 1298, L. 2008, effective July 1, 2008. ¶49-24,050.01.

The corporate existence of a stock corporation may be terminated involuntarily by order of the Commission when it finds that the corporation has been convicted for actions of its officers and directors constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. Title 13.1, Chapter 9, Sections 13.1-753 and 13.1-769, as amended by Ch. 588 (H.B. 926), L. 2008, effective July 1, 2008. ¶49-24,050.02 and ¶49-24,050.03.

The corporate existence of a nonstock corporation may be terminated involuntarily by order of the Commission when it finds that the corporation has been convicted for actions of its officers and directors constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. Title 13.1, Chapter 10, Sections 13.1-915 and 13.1-931, as amended by Ch. 588 (H.B. 926), L. 2008, effective July 1, 2008. ¶49-24,050.04 and ¶49-24,050.05.

The certificate of organization of a limited liability company may be canceled involuntarily by order of the Commission upon the limited liability company's conviction for actions of its members or managers constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. Title 13.1, Chapter 12, Sections 13.1-1046 and 13.1-1056, as amended by Ch. 588 (H.B. 926), L. 2008 and Ch. 108 (S.B. 573), L. 2008, effective April 1, 2009. ¶49-24,050.06 and ¶49-24,050.07.

The certificate of trust of a business trust may be canceled involuntarily by order of the Commission for actions of its trustees or beneficial owners authorized to act on the behalf of a business trust constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. Title 13.1, Chapter 14, Sections 13.1-1234 and 13.1-1246, as amended by Ch. 588 (H.B. 926), L. 2008 and Ch. 101 (S.B. 360), L. 2008, effective April 1, 2009. ¶49-24,050.08 and ¶49-24,050.09.

The certificate of limited partnership of a limited partnership may be canceled involuntarily by order of the Commission for actions of its partners constituting a pattern or practice of employing unauthorized aliens in the Commonwealth. Title 50, Chapter 2.1, Sections 50-73.49 and 50-73.58, as amended by Ch. 588 (H.B. 926), L. 2008, effective July 1, 2008. ¶49-24,050.11 and ¶49-24,050.12.

Fair Employment Practices Law

The state has enacted a pair of laws which provide that the authority of certain business entities (including foreign and domestic corporations, limited liability companies, business trusts, and limited partnerships) to operate in the Commonwealth may be terminated involuntarily or revoked upon the conviction of the business entity for a pattern of hiring or continuing to employ illegal aliens under Section 1324a(f) of the federal Immigration Reform and Control Act of 1986. A business entity whose authority to operate in the Commonwealth is terminated or revoked is not eligible to have that authority reinstated for a period of not less than one year. The business entity shall immediately report any such conviction to the State Corporation Commission and file with the Commission an authenticated copy of the judgment or record of conviction. The laws take effect on July 1, 2008 (Ch. 770 (S. 782) and Ch. 588 (H. 926), L. 2008, at VA ¶48-2500).

Recordkeeping/Posters Law 

All public bodies shall provide in every written contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986 (Ch. 702 (S. 517), L. 2008, at VA ¶48-9900).

Criminal Background Checks Rules

Rules regarding background checks of employees who have unsupervised access to children and persons with developmental disabilities were amended to comply with Chapter 387, Laws of 2007. Title 388, Chapter 388-06, Sections 388-06-0110, 388-06-0150, and 388-06-0160, as amended effective March 14, 2008. ¶50-23,650.24, ¶50-23,650.28 and ¶50-23,650.29.

The Department of Social and Health Services must conduct a background check on all employees and applicants for a covered position. Title 388, Chapter 388-06, Sections 388-06-0600 through 388-06-0640, as adopted effective March 14, 2008. ¶50-23,651.01 through ¶50-23,651.09.

Family, Medical and Parental Leaves Law

The state has enacted a law extending employment protections to employees who are victims of domestic violence, sexual assault or stalking. Employees whose family members are victims of such crimes are also protected. This protection includes reasonable leave from employment to receive medical treatment or obtain other necessary services (H. 2602, L. 2007, enacted and effective April 1, 2008, at WA ¶49-7000).

Health Insurance Benefit Coverage Law

The state has redefined “small employer” for purposes of health insurance coverage (H. 2560, L. 2007, enacted March 25, 2008, at WA ¶49-4000).

Jury Duty and Court Attendance Leave Law

The state has enacted a law extending employment protections to employees who are victims of domestic violence, sexual assault or stalking. This protection includes reasonable leave from employment to seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee's family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking (H. 2602, L. 2007, enacted and effective April 1, 2008, at WA ¶49-7100).

Leave for Crime Victims Law

Topic added. The state has enacted a law extending employment protections to employees who are victims of domestic violence, sexual assault or stalking. Employees whose family members are victims of such crimes are also protected. This protection includes reasonable leave from employment to receive medical treatment or obtain other necessary services. The law is to be codified as a new Chapter of Title 49, as enacted by H.B. 2602, L. 2007, Sections 1 through 15, effective April 1, 2008. ¶50-21,050.01 through ¶50-21,050.15.

Minimum Wage Law

RCW19.48.130, which relates to automatic service charges, has been recodified as part of the state's minimum wage law (H. 2699, L. 2007, enacted March 27, 2008, at WA ¶49-1000).

Violence in the Workplace Law

Leave sharing provisions in the state of Washington that allow state employees to donate annual leave, sick leave or personal holidays for use by fellow employees have been amended to allow state employees who are victims of domestic violence, sexual assault or stalking to make use of such donated leave, effective October 1, 2008. Currently, leave sharing can be used in case of extraordinary or severe illness or for military leaves of absence where a state employee might otherwise have to take unpaid leave or terminate employment (Ch. 36 (S. 6500), L. 2007, enacted March 17, 2008, at WA ¶49-3300).

Criminal Background Checks Law

Any business, agency or organization that provides care, treatment, education, training, instruction, supervision or recreation for children, the elderly or individuals with disabilities and is a qualified entity may utilize the Central Abuse Registry for part of its screening process for its current and/or prospective employees. Prospective employees and volunteers, include contractors and vendors who have or may have unsupervised access to children or disabled or elderly persons for whom the qualified entity provides care. Chapter 15, Article 2C, Sections 15-2C-1, 15-2C-6 and 15-2C-9, as amended and enacted by H.B. 4500, L. 2008, effective June 3, 2008. ¶51-23,600.11, ¶51-23,600.16 and ¶51-23,600.19.

Employment of Aliens Rule

Private and public employers are required to verify all employees' and prospective employees' legal status or authorization to work prior to their first day of employment or prior to entering into a contract for services with any individual. Employers will maintain a written record of the name and address of each employee, the employee's rate of pay, hours of employment, payroll deductions, and amount of net pay for each pay period.

In addition, employers shall document proof of each employee's legal status or authorization to work, which includes one of the following: (1) a valid social security card; (2) a valid immigration or non-immigration visa including photo identification; (3) a valid birth certificate; (4) a valid passport; (5) a valid photo identification card issued by a government agency; (6) a valid permit issued by the United States Department of Justice; (7) a valid work permit or supervision permit authorized by the Division; or (8) any other valid document providing evidence of legal residence or authorization to work in the United States.
These records are to be maintained by employers for a period of at least two (2) years after the employee has separated from employment. Title 42, Series 31, Sections 42-31-1 through 42-31-7, as adopted effective July 1, 2008. ¶51-24,100.01 through ¶51-24,100.07. 

Recordkeeping/Posters Law

The state has enacted rules to clarify an employer's recordkeeping responsibilities for the verification of employees' legal status or authorization to work. Private and public employers are required to verify all employees' and prospective employees' legal status or authorization to work prior to their first day of employment or prior to entering into a contract for services with any individual. Employers will maintain a written record of the name and address of each employee, the employee's rate of pay, hours of employment, payroll deductions, and amount of net pay for each pay period.

In addition, employers shall document proof of each employee's legal status or authorization to work, which includes one of the following: (1) a valid social security card; (2) a valid immigration or non-immigration visa, including photo identification; (3) a valid birth certificate; (4) a valid passport; (5) a valid photo identification card issued by a government agency; (6) a valid permit issued by the United States Department of Justice; (7) a valid work permit or supervision permit authorized by the state Division of Labor; or (8) any other valid document providing evidence of legal residence or authorization to work in the United States.

These records are to be maintained by employers for a period of at least two years after the employee has separated from employment (Title 42, Legislative Rule, Division of Labor, Series 31, Secs. 42-31-1 through 42-31-7, effective July 1, 2008, at WV ¶50-9900).

Wage Payment Law

The state has enacted a law allowing businesses to settle wage payments with employees through the use of an electronic payment card or other means of electronic transfer. Payment of employee compensation by means of a payroll card must be agreed upon in writing by both the person, firm or corporation paying the compensation and the person being compensated (H. 4032, L. 2008, at WV ¶50-1200).

Criminal Background Checks Law

Persons applying for a teaching certificate or license are required to undergo a criminal history check. Chapter 118, Section 118.19, as amended by Act 222 (S.B. 396), L. 2007, effective April 22, 2008. ¶52-23,600.01.

The law regarding criminal background checks of employees at child welfare agencies, foster and group homes, and day care centers was amended. Chapter 48, Subchapter XVI, Section 48.685, as amended by Act 111 (S.B. 116), L. 2007, effective April 2, 2008; Act 116 (S.B. 292), L. 2007, effective April 3, 2008; and Act 130 (A.B. 483), L. 2007, effective April 4, 2008 and Act 153 (S.B. 548), L. 2007, effective Jan. 1, 2009. ¶52-23,600.11.

Employees of care and service residential facilities are required to undergo a criminal background check as a condition of employment. Chapter 50, Subchapter I, Section 50.065, as amended by Act 116 (S.B. 292), L 2007, effective April 3, 2008; Act 130 (A.B. 483), L. 2007, effective April 4, 2008; Act 172 (S.B. 393), L. 2007, effective Nov. 1, 2008 and Act 153 (S.B. 548), L. 2007, effective Jan. 1, 2009. ¶52-23,600.21.

Public and private employers are prohibited to discriminate against an individual on the basis of arrest or conviction record, with exceptions. Chapter 111, Subchapter II, Sections 111.32 and 111.321, as amended by Act 159 (A.B. 32), L. 2007, effective April 8, 2008. ¶52-23,600.23 and ¶52-23,600.42.

Discrimination Against Military Personnel Law

Any person who is a resident of this state and absent from a position of employment because of active state service is entitled to the reemployment rights and benefits. Title 321, Section 321.65, as renumbered and amended A.B. 400, L. 2007, effective March 29, 2008. ¶52-21,150.01.

Fair Employment Act

Public and private employers are prohibited to discriminate against an individual because the individual is or applies to be a member of, or performs, has performed, applies to perform, or has an obligation to perform active service in, the U.S. armed forces, the state defense force, the national guard of any state, or any reserve component of the U.S. armed forces. Title 13, Chapter 111, Subchapter II, Sections 111.31, 111.32, 111.321 and 111.355, as amended and enacted by Act 159 (A.B. 32), L. 2007, effective April 8, 2008. ¶52-20,025.31, ¶52-20,025.32, ¶52-20,025.321 and ¶52-20,025.355.

Fair Employment Practices Law

The state's fair employment practices law has been amended to prohibit discrimination on the basis of military service. “Military service” is defined as service in the U.S. armed forces, the state defense force, the national guard of any state, or any other reserve component of the U.S. armed forces. Under prior law, discrimination was prohibited on the basis of membership in the national guard, state defense force or any reserve component of the military forces of the U.S. or Wisconsin (Act 159 (A. 32), L. 2007, effective April 8, 2008, at WI ¶51-2500).

Leave for Bone Marrow and Organ Donors

State Employees Law—The definition of  “human organ” was clarified to mean a heart, lung, liver, pancreas, kidney, intestine, or other organ that requires the continuous circulation of blood to remain useful for purposes of transplantation. Chapter 230, Subchapter II, Section 230.35(2d), as amended by Act 106 (S.B. 310), L. 2007, effective April 1, 2008. ¶52-22,950.01.