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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.
August 29, 2008 Update |
| Alabama Top of Page |
Discrimination Against Persons with DisabilitiesThe Legislature found it necessary to clarify preferred language for new and revised laws by requiring the use of terminology that puts the person before the disability. Title 21, Chapter 7, Section 21-7-1, as amended by Act 483 (S.B. 344), L. 2008, effective Aug. 1, 2008. ¶1-20,750.01. Unemployment Insurance LawThe Alabama Unemployment Compensation Law has been amended as follows: |
| Alaska Top of Page |
Unemployment Insurance LawThe Alaska Employment Security Act has been amended as follows: |
| Arizona Top of Page |
| No Updates as of August 29, 2008 |
| Arkansas Top of Page |
Criminal Background Checks RulesProvisions pertaining to background checks of school district personnel were amended. ADE-287, Sections 1.00 through 8.00, as adopted effective May 17, 2008. ¶4-23,650.01 through ¶4-23,650.08. The board of directors of a local school district or an education service cooperative shall require, as a condition for initial employment or non-continuous employment as a substitute teacher, that an individual apply to the Identification Bureau of the Arkansas State Police for statewide and national criminal records checks. ADE-286, Sections 1.00 through 4.00, as adopted effective May 17, 2008. ¶4-23,650.21 through ¶4-23,650.24. Unemployment Insurance LawEffective until June 30, 2009, the maximum weekly benefit amount in Arkansas is $431, and the minimum weekly benefit amount is $77 (AR ¶4-1700). |
| California Top of Page |
Criminal Background Checks LawAny individual is prohibited from entering upon the premises of a customer on behalf of a telephone corporation, state video franchiseholder, or video provider unless he or she has had a background check. Also, background checks are required to be conducted for persons hired under a personal services contract, or hired by independent contractors or vendors of a telephone corporation, state video franchiseholder, or video provider when those hires have direct contact with, or access to, the company's network or central office. Public Utilities Code, Division 4, Chapter 3, Section 7910, as amended by Ch. 195 (A.B. 2232), L. 2007, effective Jan. 1, 2009. ¶5-23,601.61. Fair Employment Practices LawIn a much anticipated decision, the California Supreme Court ruled that a non-compete agreement was invalid because it restrained an accountant's ability to practice his profession. Noting that under state law “ … an employer cannot by contract restrain a former employee from engaging in his or her profession, trade, or business unless the agreement falls within one of the exceptions to the rule,” the Court rejected the argument that limiting an employee's ability to practice his or her vocation is permissible if it is reasonably based. The Court also rejected a “narrow-restraint” exception created and adopted by the Ninth Circuit that upheld non-compete agreements that prohibit individuals from pursuing only a small or limited part of their business, trade or profession
(Edwards v Arthur Andersen LLP, CalSCt, August 7, 2008, at CA
¶5-2500). Military and Emergency Services Leave LawEffective January 1, 2009, upon application to the city prosecutor of the city in which an employer maintains a place of business by any person claiming to be entitled to reemployment after returning from active duty, the city prosecutor, if reasonably satisfied that the person is entitled to these benefits, may appear and act as attorney for the person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and the prosecution thereof to specifically require the employer to comply with this section (Ch. 243 (A. 2449), L. 2007, enacted August 1, 2008, at CA ¶5-7200). Minimum Wage LawThe living wage rates for Santa Barbara and Richmond have been updated (CA ¶5-1000). Recordkeeping/Posters LawThe Santa Barbara living wage poster has been added (CA ¶5-9900). Wage Payment LawAny provision of a contract that purports to allow a deduction from a person's wages for the cost of emigrating and transporting that person to the United Sates is void as against public policy (Ch. 258 (A. 1278), L. 2007, enacted August 4, 2008, at
CA
¶5-1200). |
| Colorado Top of Page |
Unemployment Insurance LawEffective July 1, 2008, the maximum weekly benefit amount in Colorado is $431, the alternative maximum weekly benefit amount is $475, and the minimum weekly benefit amount is $25 (CO ¶6-1700). |
| Connecticut Top of Page |
| No Updates as of August 29, 2008 |
| Delaware Top of Page |
Health Insurance Benefit Coverage LawAll group and blanket health insurance policies, contracts or certificates that are delivered or issued for delivery in Delaware by any health insurer, health service corporation or managed care organization which provide for medical or hospital expenses and also provide coverage for other prostheses, shall provide coverage for expenses for a scalp hair prosthesis worn for hair loss suffered as a result of alopecia areata, resulting from an autoimmune disease. Such coverage shall be subject to the same limitations and guidelines as other prostheses, provided that such coverage for alopecia areata shall not exceed $500 per year (H. 290, L. 2007, enacted July 8, 2008, at DE ¶8-4000). |
| D.C. Top of Page |
| No Updates as of August 29, 2008 |
| Florida Top of Page |
| No Updates as of August 29, 2008 |
| Georgia Top of Page |
| No Updates as of August 29, 2008 |
| Hawaii Top of Page |
| No Updates as of August 29, 2008 |
| Idaho Top of Page |
Unemployment Insurance LawThe current maximum weekly benefit amount is $364 (ID ¶13-1700). |
| Illinois Top of Page |
Department of Human Rights Rules of Practice and ProcedureThe definitions and the Department’s dismissal and Request for Review procedures were amended to reflect recent amendments to the Illinois Human Rights Act. Also, the Department's regulations were modified to limit the time period when the Chief Legal Counsel's Orders are published on the internet and to limit the time periods for maintaining orders at the Department and in archives. Title 56, Chapter II, Part 2520, Sections 2520.10, 2520.560, 2520.573, 2520.587 and 2520.795, as amended effective Aug. 1, 2008. ¶14-20,127.10, ¶14-20,127.560, ¶14-20,127.573, ¶14-20,127.587 and ¶14-20,127.795. Discrimination Against Military personnel LawPrivate and public employers shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee who requests leave to perform a civil air patrol mission. Sections 5, 25 and 30, as enacted by P.A. 85-763 (H.B. 5760), L. 2007, effective June 1, 2009. ¶14-21,150.11 and ¶14-21,150.15. Fair Employment Practices LawThe state's Fire Protection District Act has been amended to provide that any elected or appointed trustee of a fire protection district shall be entitled to be absent from employment during open meetings of the board of trustees of the district. Employers need not compensate the trustee for time that the trustee is absent. Any discrimination against such trustee is prohibited (P.A. 866 (S. 2748), L. 2007, enacted August 19, 2008, at IL ¶14-2500). Genetic Testing LawIllinois has amended its Genetic Information Privacy Act so that it will apply to state and local governments. Also, employers will be prohibited from requiring genetic information as a condition of employment, preemployment, or in furtherance of a wellness program. There are exemptions for employers conducting analysis for law enforcement or to ascertain the biological effects of workplace toxic substances (S. 2399, L. 2007, enacted August 26, 2008, effective June 1, 2009, to be reported). Military and Emergency Services Leave LawIllinois’ Civil Air Patrol Leave Act will require that an employer, including the state and units of local government, grant unpaid leave to its employees who are civil air patrol members performing a civil air patrol mission. The maximum amount of leave is based on the size of the employer's workforce. Employees' pre-leave benefits are protected, and restoration of benefits after the leave is required. Home rule is preempted (P.A. 95-763 (H. 5760), L. 2007, enacted July 28, 2008, at IL ¶14-7200). Minimum Wage LawThe living wage rate for Chicago, effective July 1, 2008, is $10.60 per hour (IL ¶14-1000). Recordkeeping/Posters LawThe Chicago living wage poster has been added (IL ¶14-9900). Violence in the Workplace LawIllinois' Criminal Code of 1961 has been amended with respect to cyberbullying and cyberstalking. The amendment provides that a person commits cyberstalking by knowingly and without lawful justification, creates and maintains a website or webpage accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person (S. 2426, L. 2007, enacted August 18, 2008, at IL ¶14-3300). |
| Indiana Top of Page |
Unemployment Insurance LawEffective July 1, 2008, the maximum weekly benefit amount in Indiana is $390, and the minimum weekly benefit amount remains at $50 (IN ¶15-1700). |
| Iowa Top of Page |
| No Updates as of August 29, 2008 |
| Kansas Top of Page |
| No Updates as of August 29, 2008 |
| Kentucky Top of Page |
Unemployment Insurance LawThe current maximum weekly benefit amount in Kentucky is $415, and the current minimum weekly benefit amount is $39 (KY ¶18-1700). |
| Louisiana Top of Page |
Maximum Hours LawGovernor Bobby Jindal has issued an executive order relating to hours of service of drivers of gas and/or electric utility service vehicles, effective August 22, 2008 (Executive Order BJ 08-35, at LA ¶19-1300). |
| Maine Top of Page |
| No Updates as of August 29, 2008 |
| Maryland Top of Page |
| No Updates as of August 29, 2008 |
| Massachusetts Top of Page |
Health Insurance Benefit Coverage LawThe state has enacted a law increasing the required insurance coverage of nonprescription low protein and enteral formulas (Ch. 214 (H. 925), L. 2007, enacted July 30, 2008, at MA ¶22-4000). Recordkeeping/Posters LawThe state's wage hour posters have been updated (English and Spanish versions) (MA ¶22-9900). Workers' Compensation LawContractors working on public higher education capital improvements must properly classify their employees for purposes of workers' compensation (Ch. 258 (S. 2785), L. 2007, enacted August 6, 2008, at MA ¶22-4300). |
| Michigan Top of Page |
Minimum Wage LawThe living wage rates for Lansing, Washtenaw County and Ingham County have been updated (MI ¶23-1000). |
| Minnesota Top of Page |
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No Updates as of August 29, 2008 |
| Mississippi Top of Page |
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No Updates as of August 29, 2008 |
| Missouri Top of Page |
| No Updates as of August 29, 2008 |
| Montana Top of Page |
Whistleblower Protection LawEven in Montana, which does not recognize the principle of at-will employment, an employer has just cause to discharge an employee who calls his supervisor a "pr$ck" and tells him to "kiss my *ss," the Montana Supreme Court ruled. (A factual dispute over whether the employee had also used "the 'F word'" was irrelevant, the court found.) There was no evidence to support the employee's contention that his use of foul language was a pretextual reason for his termination. And the use of such language was cause enough. While the employee noted that obscenities were common at the workplace and the environment was "not that of 'a ladies' tea party,'" the state high court found that directing profanity at one's supervisor is "much more egregious" than the use of such language in the course of an ordinary workday
(Becker v Rosebud Operating Services, Inc, MontSCt, August 12, 2008, at
MT
¶27-3600). |
| Nebraska Top of Page |
Workers' Compensation LawAn employer must pay worker's compensation to an injured employee despite his status as an illegal alien, Nebraska's workers' compensation court ruled, finding that "public policy favors the inclusion of illegal aliens as covered 'employees.'" The court adopted the reasoning of other courts that, if illegal aliens were not entitled to such benefits, employers would have a greater incentive to hire illegal aliens, thereby defeating the goals of the federal Immigration Reform and Control Act. The court declined to apply the Supreme Court's reasoning in Hoffman Plastics Compounds, Inc v NLRB, which held an award of backpay to an undocumented worker would conflict with federal immigration law; it noted the Supreme Court itself has held that workers' compensation is an area in which the states have authority to regulate and that state legislatures have the right to award workers' compensation to illegal aliens. The court also rejected the employer's argument that the plaintiff was not an "employee" because an illegal alien's contract of hire is unenforceable, finding that "illegal aliens have the legal capacity to enter into contracts." Finally, the court noted the Nebraska legislature "did not otherwise exclude illegal aliens from coverage," although it had explicitly excluded other classifications of individuals under the workers' compensation law (Andrade v Sun Valley Landscapes, July 23, 2008, at NE ¶28-4300). |
| Nevada Top of Page |
| No Updates as of August 29, 2008 |
| New Hampshire Top of Page |
Health Insurance Benefits Coverage LawEffective September 14, 2008, the state will require that group insurers and HMOs provide insurance coverage for the diseases and ailments caused by obesity and morbid obesity and treatment for such, including bariatric surgery, pre-operative psychological screening and counseling, behavior modification, weight loss, exercise regimens, nutritional counseling, and post-operative follow-up, overview, and counseling of dietary, exercise, and lifestyle changes (Ch. 389 (S. 312), L. 2007, enacted July 16, 2008, at NH ¶30-4000). |
| New Jersey Top of Page |
Equal Employment Opportunity and Affirmative Action-State Employment RuleState agencies are required to provide equal employment opportunity for all persons regardless race, creed, color, national origin, ancestry, sex, affectional or sexual orientation, age, marital status, domestic partnership status, familial status, religion, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability. Also, sexual harassment is prohibited in state employment. Title 4A, Chapter 7, Subchapters 1 through 3, Sections 4A:7-1.1 through 4A:7-3.3, as readopted effective Aug. 4, 2008. ¶31-23,401.01 through ¶31-23,401.23. Fair Employment Practices LawThe threshold of proof for demonstrating a hostile work environment based on religion under the New Jersey Law Against Discrimination is no more stringent than the threshold for showing sex- or race-based hostile work environment discrimination, the New Jersey Supreme Court ruled, upholding a jury award in favor of a Jewish police officer who faced several incidents of discrimination based on religion and ancestry, and rejecting a state appellate court's finding that the conduct was “sporadic” and not sufficiently severe or pervasive to establish a hostile work environment. “In our view, it is necessary that our courts recognize that the religion-based harassing conduct that took place … in this ‘workplace culture’ is as offensive as other forms of discriminatory, harassing conduct outlawed in this state,” the high court wrote (Cutler v Dorn, NJSCt, July 31, 2008, at NJ ¶31-2500). |
| New Mexico Top of Page |
| No Updates as of August 29, 2008 |
| New York Top of Page |
Breast and Prostate Cancer Screening Leave-Public Employees LawEvery public officer, employee of the state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in Section 1 of Chapter 566 of the Laws of 1967, employee of any municipality, employee of any school district or any employee of a participating employer in the New York State and Local Employees' Retirement System or any employee of a participating employer in the New York State Teachers' Retirement System shall be entitled to absent himself or herself and shall be deemed to have a paid, excused leave of absence from his or her job duties or service, for a sufficient period of time, not to exceed four hours on an annual basis, to undertake a screening for breast or prostate cancer. Prior law only specified public officers, employees of the state, employees of counties, employees of municipalities, and employees of school districts as being eligible for such leave. Also under prior law, the leave was not required to be paid Civil Service Law, Article 10, Sections, 159-b and 159-c, as amended by S.B 8077, L. 2007, effective August 20, 2008. ¶33-22,450.01 and ¶33-22,450.02. Fair Employment Practices LawThe Broadcast Employees Freedom to Work Act prohibits broadcasting industry employers from requiring that an employee or prospective employee refrain from obtaining employment in a specified geographic area, for a specified period of time, or with any particular employer or industry after the conclusion of employment with the employer (A. 2124, L. 2007, enacted August 5, 2008, at NY ¶33-2500). Family, Medical and Parental Leaves LawEffective August 20, 2008, every public officer, employee of the state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in Section 1 of Chapter 566 of the Laws of 1967, employee of any municipality, employee of any school district or any employee of a participating employer in the New York State and Local Employees' Retirement System or any employee of a participating employer in the New York State Teachers' Retirement System shall be entitled to absent himself or herself and shall be deemed to have a paid, excused leave of absence from his or her job duties or service, for a sufficient period of time, not to exceed four hours on an annual basis, to undertake a screening for breast or prostate cancer. Overtime Pay LawThe state has enacted a law restricting consecutive hours of work by nurses. Effective July 1, 2009, no employer shall require a nurse to work more than that nurse's regularly scheduled work hours except in certain specified emergency situations. Nurses will not, however, be prohibited from voluntarily working overtime (S. 8637, L. 2007, enacted August 13, 2008, at NY ¶33-1100). Plant Closing LawNew York's Labor Law has been amended by adding the New York State Worker Adjustment and Retraining Notification Act, effective February 1, 2009 (Ch. 475 (S. 8212), L. 2007, enacted August 5, 2008, at NY ¶33-3500). Preemployment Inquiries LawTechnical amendments have been made to the state's Public Health Law with respect to the requirement to check the sex offender registry before hiring employees and volunteers for children's overnight camps, summer day camps and traveling summer day camps (S. 690, L. 2007, enacted and effective August 5, 2008, at NY ¶33-9000). |
| North Carolina Top of Page |
Fair Employment Practices LawEffective December 1, 2008, the placing of a burning cross on any public place will be prohibited. Exhibiting a noose will also be unlawful. Penalties for these violations will also be raised (Session Law 2008-197 (S. 685), L. 2007, enacted August 8, 2008, at
NC
¶34-2500). Smoking in the Workplace LawEffective January 1, 2009, state-controlled passenger-carrying vehicles must be smoke-free. Additionally, local governments will be authorized to require local government-controlled vehicles to be smoke-free (Session Law 2008-149 (S. 1681), L. 2007, enacted August 2, 2008, at NC ¶34-2700). |
| North Dakota Top of Page |
| No Updates as of August 29, 2008 |
| Ohio Top of Page |
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No Updates as of August 29, 2008 |
| Oklahoma Top of Page |
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No Updates as of August 29, 2008 |
| Oregon Top of Page |
Bureau of Labor Rules of Administrative ProcedureAn employer will be found to have unlawfully retaliated against an employee if the employer has subjected the employee to any adverse treatment, in or out of the workplace, that is reasonably likely to deter protected activity, regardless of whether it materially affects the terms, conditions, |
| Pennsylvania Top of Page |
Criminal Background Checks LawAdministrators must maintain on file with the application for employment a copy of the federal criminal history record in a manner prescribed by the department of education. At a minimum, the department of education must prescribe a method for applicants to submit a set of fingerprints to be transmitted to the Federal Bureau of Investigation for federal criminal history record information pursuant to the applicable federal law. The federal criminal history record information report shall be no more than one (1) year old. Title 24, Chapter 1, Article 1, Section 1-111, as amended by Act 2008-61 (H.B. 1067), L. 2007, effective July 1, 2008. ¶39-23,600.21. Employment of Aliens LawNo person or business that receives a tax exemption, deduction, abatement or credit under the Keystone Opportunity Act shall knowingly permit the labor services of an illegal alien under a contract to which the person or business is a party in the applicable keystone opportunity zone. Act 2008-79, (S.B. 1412), L. 2007, Section 311, as enacted effective Sept. 9, 2008. ¶39-23,950.21. |
| Puerto Rico Top of Page |
| No Updates as of August 29, 2008 |
| Rhode Island Top of Page |
Health Insurance Benefit Coverage LawEvery group health insurance contract, or every group hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state on or after January 1, 2009, shall provide coverage for nonprescription enteral formulas for home use for which a physician has issued a written order and which are medically necessary for the treatment of malabsorption caused by Crohn's disease, ulcerative colitis, gastroesophageal reflux, chronic intestinal pseudo-obstruction, and inherited diseases of amino acids and organic acids. Coverage shall not exceed an amount of $2,500 per covered member per year. These provisions also apply to HMOs (Ch. 253 (H. 7441), L. 2007, enacted July 5, 2008, at RI ¶41-4000). |
| South Carolina Top of Page |
Child Support Enforcement LawAn employer shall promptly pay the amount withheld from an employee's income for child support to the State Disbursement Unit within seven working days of the date income is withheld. Under prior law, payment was sent to the centralized wage withholding system (Act 332 (H. 3478), L. 2007, enacted and effective June 11, 2008, at SC ¶42-5500). Fair Employment Practices LawSouth Carolina has enacted a law providing that an employer may not fire, demote, or otherwise discriminate against an employee complying with an isolation or quarantine order; however, an employer may require an employee to use annual or sick leave to comply with such an order (Act 341 (H. 3852), L. 2007, enacted June 11, 2008, at SC ¶42-2500). Preemployment Inquiries LawThe state has enacted a law requiring a Central Registry check to determine any child abuse by prospective childcare employees. The law also authorizes provisional employment until the time such checks are completed (Act 262 (S. 311), L. 2007, enacted June 4, 2008, at SC ¶42-9000). |
| South Dakota Top of Page |
New Hire Reporting LawSouth Dakota has updated its new hire reporting forms (SD ¶43-1600). |
| Tennessee Top of Page |
| No Updates as of August 29, 2008 |
| Texas Top of Page |
| No Updates as of August 29, 2008 |
| Utah Top of Page |
| No Updates as of August 29, 2008 |
| Vermont Top of Page |
Whistleblower Protection LawThe state has enacted a law ensuring that state employees shall be protected when presenting |
| Virginia Top of Page |
| No Updates as of August 29, 2008 |
| Washington Top of Page |
Family Military Leave RuleTopic Added. During a period of military conflict, an employee who is a spouse of a member of the Armed Forces of the United States, National Guard, or Reserves who has been notified of an impending call or order to active duty or has been deployed is entitled to a total of fifteen days of unpaid leave per deployment. Title 357, Chapter 357-31, Section 357-31-373, as adopted effective Oct. 1, 2008. ¶50-22,502.01. Leave for Crime Victims RuleTopic added. A rule was adopted to implement the verification requirements needed in order for employees who are crime victims to take unpaid or paid leave. Title 357, Chapter 357-31, Section 357-31-730, as adopted effective Oct. 1, 2008. ¶50-21,100.01. Unemployment Insurance LawFor 2009, the taxable wage base in Washington will increase to $35,700. This amount is $1,700 higher than the taxable wage base of $34,000 that is applicable in 2008 (WA ¶49-1700). |
| West Virginia Top of Page |
| No Updates as of August 29, 2008 |
| Wisconsin Top of Page |
| No Updates as of August 29, 2008 |
| Wyoming Top of Page |
Unemployment Insurance LawEffective July 1, 2008, the maximum weekly benefit amount in Wyoming is $415, and the minimum weekly benefit amount is $30 (WY ¶52-1700). |
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