A C D F G H I K L M N O P R S T U V W
CCH® State Law Changes are updated at least semi-monthly. They are brief summaries of information contained in Human Resources Management State Employment Law and Employment Practices Guide, CCH InternetSM Research Network™ (IRN) subscription products. You must be a subscriber to these products to access the IRN links in the monthly compilations.

December 30, 2004 Update
AlabamaTop of Page

Unemployment Insurance Law
Schedule D of the rate table is in effect for 2005. Rates under Schedule D range from 0.65% to 6.8%. The 0.06% Employment Security Administration Enhancement Fund assessment also remains in effect next year. The shared cost assessment for 2005 is 0.4% (AL ¶1-1700).
AlaskaTop of Page

Unemployment Insurance Law
The taxable wage base in Alaska for 2005 is $27,900, up from $27,100 in 2004 (AK ¶2-1700).
ArizonaTop of Page
No Updates as of December 30, 2004
ArkansasTop of Page
No Updates as of December 30, 2004
CaliforniaTop of Page

Unemployment Insurance Law
The 2005 taxable wage base for temporary disability insurance purposes is $79,418, up from $68,829 in 2004 (CA ¶5-1700).

Child Support Enforcement Law
As previously reported, effective January 1, 2005, job promotions may not be denied based on child support wage assignment orders (Ch. 369 (A. 1706), L. 2003, at CA ¶5-5500).

Health Insurance Benefit Coverage Law
As previously reported, the state enacted a law requiring health care service plans and health insurers to provide coverage to the registered domestic partner of an employee, subscriber, insured or policyholder that is equal to the coverage it provides to the spouse of those persons. The law applies to health care service plans and health insurance policies issued, amended, delivered, or renewed in California on or after January 1, 2005, or January 2, 2005, as specified (Ch. 488 (A. 2208), L. 2003, at CA ¶5-4000).

Overtime Pay Law
As previously reported, effective January 1, 2005, the computer software employee's minimum hourly rate of pay exemption increased from $44.63 to $45.84, reflecting a 2.7 percent increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers. Likewise, based on the CPI changes, the minimum hourly rate of pay for licensed physicians and surgeons to qualify as exempt increases from $57.56 to $59.11, effective January 1, 2005 (CA ¶5-1100).

Recordkeeping/Posters Law
The unemployment notice to employees (DE1857A) has been updated (CA ¶5-9900).
ColoradoTop of Page
No Updates as of December 30, 2004
ConnecticutTop of Page
No Updates as of December 30, 2004
DelawareTop of Page
No Updates as of December 30, 2004
D.C.Top of Page
Minimum Wage Law
The minimum wage in the District of Columbia will increase from $6.15 an hour to $6.60 an hour effective January 1, 2005 (B. 1086, L. 2003, at DC ¶9-1000).
FloridaTop of Page
No Updates as of December 30, 2004
GeorgiaTop of Page
Criminal Background Checks Rule
Nursing home applicants are required to undergo a criminal background check. Title 290, Chapter 290-5-8, Section 290-5-8-.26, as adopted effective Sept. 8, 2004. ¶11-23,650.01.
HawaiiTop of Page
No Updates as of December 30, 2004
IdahoTop of Page
Fair Employment Practices
State Employment E.O. 2004-05—Executive Order No. 2004-05, entitled Idaho Code of Fair Employment Practices, provides that state employees are to be recruited, appointed, assigned and promoted upon the basis of merit only and without regard to race, color, religion, national origin, sex, age or disability. The order repeals and replaces E.O. 2000-09 and reads as signed Nov. 3, 2004. ¶13-20,027.01.
IllinoisTop of Page
Minimum Wage Law
As previously reported, on January 1, 2005, the minimum wage increased to $6.50 per hour (S. 600, L. 2003, at IL ¶14-1000).

Plant Closing Law
As previously reported, the state enacted the Illinois Worker Adjustment and Retraining Notification Act, effective January 1, 2005 (S. 2665, L. 2003, at IL ¶14-3500).

Unemployment Insurance Law
For calendar year 2005, the adjusted state experience factor is 139%. Total rates range from 1.2% to 9.8%, including the 0.9% fund building factor in effect for 2005. An employer whose contribution rate is 5.5% or higher and whose total quarterly wages are less than $50,000 pays contributions at 5.4% in that quarter. New employers pay 4.7% for 2005, including NAICS sector employers. This rate also includes the 0.9% fund building rate (IL ¶14-1700).
IndianaTop of Page
Unemployment Insurance Law
For 2005, contribution rates in Indiana will be determined under Schedule A. Rates for positive-balance employers range from 1.1% to 4.1%, and rates for negative-balance employers range from 4.4% to 5.6% under this schedule (IN ¶15-1700).

Criminal Background Checks Law
The law pertaining to the accessibility and release of criminal history information has been repealed and re-enacted. Title 10, Article 13, Chapter 3, Sections 10-13-3-27 through 10-13-3-39, as enacted by P.L. 2-2003 (S.B. 257), L. 2003, and as amended by P.L. 156-2003 (S.B. 311), L. 2003 and P.L. 28-2004 (H.B. 1032), L. 2004, effective July 1, 2003. ¶15-23,601.11 through ¶15-23,601.24.
IowaTop of Page
No Updates as of December 30, 2004
KansasTop of Page
No Updates as of December 30, 2004
KentuckyTop of Page
No Updates as of December 30, 2004
LouisianaTop of Page

Fair Employment Practices Law
Louisiana Governor Kathleen Babineaux Blanco has signed an Executive Order prohibiting harassment and discrimination in state employment. Specific protected classes are race, color, religion, sex, sexual orientation, national origin, political affiliation, and disability. Persons contracting with the state are also held to these standards (Executive Order KBB 04-54, December 6, 2004 at LA ¶19-2500).

Harassment and Discrimination in State Employment E.O. 2004-54
Harassment and discrimination in state employment on the basis of race, color, religion, sex, sexual orientation, national origin, political affiliation, and disability is prohibited. Persons contracting with the state are also held to these standards. Executive Order KBB 2004-42, reads as signed on Dec. 6, 2004, effective immediately. 

MaineTop of Page
No Updates as of December 30, 2004
MarylandTop of Page
No Updates as of December 30, 2004
MassachusettsTop of Page
Pre-Determination Case Process Order
On June 3, 2004, the Massachusetts Commission Against Discrimination issued a standing order eliminating the Commission's Attorney-Assisted Unit. Under the order, the parties will no longer be permitted to conduct discovery prior to a probable cause determination. Instead, cases will be scheduled for an investigative conference and all fact gathering at the pre-determination stage will be conducted by the MCAD, regardless of whether the parties are represented by counsel.

Fees for the Provision of Commission Public Records Rule
The Massachusetts Commission Against Discrimination has adopted rules regarding fees to be charged for the provision of the Commission's public records. 804 CMR 12.00, Sections 12.01 through 12.05, as adopted effective Nov. 5, 2004. ¶22-20,126.01 through ¶22-20,126.05.
MichiganTop of Page
No Updates as of December 30, 2004
MinnesotaTop of Page
No Updates as of December 30, 2004
MississippiTop of Page
No Updates as of December 30, 2004
MissouriTop of Page
Unemployment Insurance Law
For 2005, rates for positive-balance employers who are not participating in the workshare program will range from zero to 3.51%, and rates for negative-balance employers who are not participating in the workshare program will range from 4.68% to 7.8%. For those participating in the workshare program, rates for positive-balance employers will range from zero to 3.51%, and rates for negative-balance employers will range from 4.68% to 11.7%. These rates reflect the 30% surcharge imposed in 2005 upon all employers except 0.0%-rated employers.

The rate payable by new employers for 2005, including those in the mining industry and trades, is 2.7%, plus the 30% surcharge, making the actual new employer rate 3.51%. The nonprofit contribution rate, including the 30% surcharge, is 1.30%. Note that the rate payable by new construction employers in 2005 is 3.938%, which includes the 30% surcharge (MO ¶26-1700).
MontanaTop of Page
No Updates as of December 30, 2004
NebraskaTop of Page
New Hire Reporting Law
As previously reported, employers that hire or rehire any employee must report to the Department of Health and Human Services within 20 days after the date of hire or rehire, in addition to other information, the date of hire or rehire. Also effective January 1, 2005, the W-4 must have the date of hire or rehire inscribed upon it (L.B. 950, L. 2003, at NE ¶28-1600).
NevadaTop of Page

Unemployment Insurance Law
The taxable wage base in Nevada for 2005 is $22,900, up from $22,000 in 2004 (NV ¶29-1700).
New HampshireTop of Page
Drug Testing Law
The state has adopted the model Drug Dealer Liability Act, effective January 1, 2005 (Ch. 252 (S. 109), L. 2003, at NH ¶30-8600).

Wage Payment Law
As previously reported, beginning January 1, 2005, salaries may be prorated when an employee is terminated for cause. Also, at that time, an employer may deduct certain voluntary contributions and payments from an employee's wages upon the employee's written request (S. 316, L. 2004, at NH ¶30-1200).
New JerseyTop of Page
Child Labor Law
New Jersey's child labor law has been amended to add advanced practice nurses to the list of authorized professionals who may issue statements of physical fitness to minors seeking employment where working papers are required (Ch. 168 (A. 826), L. 2004, at NJ ¶31-1500).
New MexicoTop of Page
No Updates as of December 30, 2004
New YorkTop of Page
Minimum Wage Law
The New York State Senate voted on December 6, 2004, to raise the state's minimum wage from $5.15 an hour to $6.00 an hour, effective January 1, 2005. The minimum wage will increase again to $6.75 an hour, effective January 1, 2006, and to $7.15 an hour on January 1, 2007. For food service workers receiving tips, the hourly wage will increase from $3.30 to $3.85 on January 1, 2005, to $4.35 an hour on January 1, 2006, and then to $4.60 an hour on January 1, 2007, provided that the tips of the employee, when added to the cash wage, are equal to or exceed the state minimum wage, and that if the federal cash wage increases, the state cash wage would also increase proportionately. Governor George E. Pataki vetoed the original proposal to raise the state's minimum wage (A.B. 11760) on July 29, 2004. However, the State Assembly voted on August 11, 2004, to override the governor's veto by 129 to 19 and the State Senate approved the measure December 6, 2004, by 50 to 8 (NY ¶33-1000).

Criminal Background Checks Law
All peace officers in the state are required to undergo a criminal history check and submit a set of fingerprints as a condition of employment. Executive Law, Article 35, Section 845-b, as amended by Ch. 575 (S.B. 7562), L. 2003, effective Oct. 5, 2004. ¶33-23,601.05.

Criminal Background Checks Law
Individuals who apply for a security guard license are required to undergo a state and federal criminal background check. General Business Law, Article 7-A, Section 89-i, as amended by S.B. 3939, L. 2003, effective May 15, 2005. ¶33-23,601.21.
North CarolinaTop of Page

Unemployment Insurance Law
The taxable wage base in North Carolina for 2005 will increase to $16,700, up from $16,200 in 2004 (NC ¶34-1700).
North DakotaTop of Page
Unemployment Insurance Law
For 2005, the minimum rate for positive-balance employers is 0.49%, and the maximum rate for positive-balance employers is 1.39%. The minimum rate for negative-balance employers is 6.49%, and the maximum rate for negative-balance employers is 10.09%. Nonconstruction new employers with positive balances pay 2.08% for 2005, and those with negative balances pay 6.49%. Construction industry new employers with both positive and negative balances pay 10.09% for 2005 (ND ¶35-1700).
OhioTop of Page
No Updates as of December 30, 2004
OklahomaTop of Page

Unemployment Insurance Law
The taxable wage base in Oklahoma for 2005 will decrease to $13,800, down from $14,300 in 2004 (OK ¶37-1700).
OregonTop of Page
Bureau of Labor Rules of Administrative Procedure
Amendments have been made to conform the agency's rule to the provisions of ORS 659A.820(1) relating to administrative actions for unlawful discrimination, whereby, except as provided in ORS 654.062, a complaint filed for unlawful discrimination under this section must be filed no later than one year after the alleged unlawful practice. The amendments also make technical changes. Chapter 839, Division 3, Section 839-003-0025, as amended by BLI 12-2004, effective Oct. 25, 2004. ¶38-20,126.25.

Criminal Background Checks Rules
These rules standardize criminal record and background check processes through much of the Department of Human Services. the rules define who is subject to the background check and defines the process. The rules establish a common set of potentially disqualifying crimes and the criteria that must be employed to determine fitness or suitability. The rules establish a standardized appeal process. This amendment corrects and clarifies a Qualified Entity. Chapter 410, Division 7, Section 410-007-0230. ¶38-23,651.04.

Public Work Contracts: Minority or Women Business Enterprise Law
A public works contractor must satisfy the requirements to subcontract some part of the contract to or obtain materials to be used in performing the contract from a minority, women or emerging small business enterprise. Title 19, Chapter 200, Sections 200.005, 200.025, 200.045, 200.055, as amended by Ch. 794 (H.B. 2341), L. 2003, effective March 1, 2005. ¶38-23,300.01, ¶38-23,300.03, ¶38-23,300.05 and ¶38-23,300.06.

Minimum Wage Law
As previously reported, the minimum wage in Oregon increased by 20 cents, from $7.05 an hour to $7.25 an hour, effective January 1, 2005 (OR ¶38-1000).
PennsylvaniaTop of Page
Unemployment Insurance Law
Based on a comparison of the Fund balance as of June 30, 2004, with the average annual benefit costs for the last three fiscal years, the solvency trigger percentage in Pennsylvania for 2005 is 32%. As a result, the following measures have triggered into effect: there is a 0.09% tax on employee wages; the State Adjustment Factor is 1.5%; there is a 7.2% surcharge on employer contribution; and there is a 0.6% employer additional contribution tax. In addition, rates for experience-rated, nondelinquent employers will range from 2.2080% to 10.4624%, and rates for delinquent employers will range from 5.4240% to 13.6784% in 2005. New nonconstruction employers will pay 3.7520% in 2005, and new construction employers will pay 10.3984% in 2005 (PA ¶39-1700).
Puerto RicoTop of Page
No Updates as of December 30, 2004
Rhode IslandTop of Page
No Updates as of December 30, 2004
South CarolinaTop of Page
No Updates as of December 30, 2004
South DakotaTop of Page
No Updates as of December 30, 2004
TennesseeTop of Page
No Updates as of December 30, 2004
TexasTop of Page
No Updates as of December 30, 2004
UtahTop of Page
No Updates as of December 30, 2004
VermontTop of Page
Minimum Wage Law
As previously reported, on January 1, 2005, the minimum wage increased to $7.00 an hour (Act 67 (S. 178), L. 2003, at VT ¶47-1000).
VirginiaTop of Page
No Updates as of December 30, 2004
Virgin Islands Top of Page
Age Discrimination in Public Employment Law
Employers are prohibited from discriminating against an individual because of age, unless there exists a bona fide occupational qualification reasonably necessary to the normal functions of the position held by such individual in which such individual is deficient. The relevant provisions is Codified in the Virgin Islands Code Annotated at Title 3, Chapter 25, Subchapter IV, Section 530.
WashingtonTop of Page
Minimum Wage Law
As previously reported, Washington's minimum wage increased to $7.35 per hour on January 1, 2005 (WA ¶49-1000).
West VirginiaTop of Page
No Updates as of December 30, 2004
WisconsinTop of Page
No Updates as of December 30, 2004
WyomingTop of Page
No Updates as of December 30, 2004

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