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.

February 25, 2005 Update

AlabamaTop of Page

No Updates as of February 25, 2005

AlaskaTop of Page

Unemployment Insurance Law
Contribution rates in Alaska for 2005 will range from 1.30% to 5.4% for eligible employers, based on payroll decline experience. For 2005, the average benefit cost rate used to determine the rates is 0.024940, the trust fund reserve rate is 0.025092, and there is a 0.005% trust fund solvency adjustment. The employee tax rate for 2005 is 0.5% (AK ¶2-1700).

ArizonaTop of Page
Unemployment Insurance Law
Rate information has been updated (AZ ¶3-1700).
ArkansasTop of Page

Unemployment Insurance Law
For 2005, the stabilization tax is 0.8%, and there is no extended benefit or advance interest tax in effect. As a result, rates for 2005, including the stabilization tax, will range from 0.9% to 6.8%. New employers pay 3.7% this year, including the stabilization tax (AR ¶4-1700).

Violence in the Workplace Law
The state has enacted a law amending the petition form for an order of protection from domestic abuse to eliminate any requirement for disclosure of social security numbers. The law will take effect 90 days after the Arkansas legislature adjourns (Act 55 (H. 1117), L. 2005, at AR ¶4-3300).

Smoking in the Workplace Law
Effective October 1, 2005, Arkansas will prohibit the use of tobacco products in and on the grounds of all medical facilities (Act 134 (H. 1193), L. 2005, at AR ¶4-2700).

CaliforniaTop of Page
Criminal Background Checks Law
The law relating to the fingerprinting of applicants for employment at financial institutions is in the Financial Code, Division 1, Chapter 2, Section 261, as amended by Ch. 176 (S.B. 1637), L. 2003, effective Jan. 1, 2005. ¶5-23,603.01.

Criminal Background Checks Law
Banks and their affiliates are permitted to deliver the fingerprints of an applicant for employment for the purpose of conducting a criminal background check. Financial Code, Division 1, Chapter 6, Section
777.5, as amended by Ch. 183 (A.B. 3082), L. 2003, effective Jan. 1, 2005. ¶5-23,603.05.

Criminal Background Checks Law
The law relating to the furnishing of state criminal history information has been amended. Penal Code, Part 4, Title 1, Chapter 1, Article 3, Section 11105, as amended by Ch. 570 (S.B. 1388), L. 2003, effective Jan.,2005. ¶5-23,604.01.

Minimum Wage Law
The United States Supreme Court has refused to disturb a decision of the Court of Appeals for the Ninth Circuit which upheld the constitutionality of Berkeley, California's living wage ordinance (RUI One Corp v City of Berkeley, 371 F.3d 1137 (9th Cir. Cal., 2004), cert. denied 2005 U.S. LEXIS 290, 73 U.S.L.W. 3399 (2005), ¶59,861, at CA ¶5-1000).

ColoradoTop of Page
No Updates as of February 25, 2005
ConnecticutTop of Page

Recordkeeping/Posters Law
The state's workers' compensation notice has been updated (CT ¶7-9900).

Unemployment Insurance Law
There is a fund balance tax of 1.0% in effect for 2005. Accordingly, the minimum contribution rate is 1.5%, and the maximum contribution rate is 6.4%. The new employer's rate for 2005 is 2.7% (CT ¶7-1700).

DelawareTop of Page
No Updates as of February 25, 2005
D.C.Top of Page
No Updates as of February 25, 2005
FloridaTop of Page
No Updates as of February 25, 2005
GeorgiaTop of Page
Minimum Wage Law
The City of Atlanta has enacted a voluntary living wage ordinance. Beginning July 1, 2005, businesses that pay their workers a living wage and that meet other requirements will be given preference in the awarding of city contracts (Ordinance 04-0-1814, at GA ¶11-1000).
HawaiiTop of Page
Unemployment Insurance Law
For 2005, the maximum weekly wage base in Hawaii for temporary disability purposes is $752.44; the TDI maximum weekly benefit amount is $437; and the maximum weekly employee deduction is $3.76 (HI ¶12-1700).
IdahoTop of Page
No Updates as of February 25, 2005
IllinoisTop of Page
Sexual Orientation Discrimination Law
Illinois Governor Rod Blagojevich has signed a "landmark" law that prohibits employment discrimination based on sexual orientation. The law amends the state's Human Rights Act (S. 3186, L. 2003, at IL ¶14-3100).
IndianaTop of Page
No Updates as of February 25, 2005
IowaTop of Page
No Updates as of February 25, 2005
KansasTop of Page
Unemployment Insurance Law
For 2005, Schedule III is in effect. The ratio of the fund balance to total payrolls is 1.161%, and the average required yield on taxable wages is 3.48% for 2005. Eligible positive-balance employers pay rates ranging from 0.08% to 5.40% for 2005. New employers are assigned rates, based on industry sectors, that range from 3.52% to 4.20% during 2005. New construction employers pay 5.16% for 2005. Negative-balance employers will pay rates ranging from 5.60% to 7.40%, which includes the surcharge amount, for 2005 (KS ¶17-1700).
KentuckyTop of Page
No Updates as of February 25, 2005
LouisianaTop of Page
No Updates as of February 25, 2005
MaineTop of Page
Unemployment Insurance Law
Contribution rates in Maine for 2005 range from 0.52% to 5.4%. New employers pay 1.73 (which is the predetermined yield amount) for 2005. In addition, the ratio of total wages to taxable wages is 2.47% (ME ¶20-1700).
MarylandTop of Page
No Updates as of February 25, 2005
MassachusettsTop of Page

Recordkeeping/Posters Law
The state has updated its unemployment posters (English and Spanish versions) and its workers' compensation poster. Also, the fair employment and sexual harassment posters have been combined into one poster (MA ¶22-9900).

Unemployment Insurance Law
The current maximum weekly benefit amount in Massachusetts is $528 (MA ¶22-1700).

MichiganTop of Page
No Updates as of February 25, 2005
MinnesotaTop of Page
No Updates as of February 25, 2005
MississippiTop of Page
Jury Duty and Court Attendance Leave Law
The state's jury duty law has been extensively revised. The changes will take effect January 1, 2007 (Ch. 1 (H. 13), L. 2004, at MS ¶25-7100).
MissouriTop of Page
No Updates as of February 25, 2005
MontanaTop of Page
Unemployment Insurance Law
The wage base for 2005 is $21,000 (MT ¶27-1700).
NebraskaTop of Page
No Updates as of February 25, 2005
NevadaTop of Page
No Updates as of February 25, 2005
New HampshireTop of Page
No Updates as of February 25, 2005
New JerseyTop of Page

Recordkeeping/Posters Law
The state's payment of wages poster and the schedule of minors' hours poster have been updated (NJ ¶31-9900).

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

New MexicoTop of Page
No Updates as of February 25, 2005
New YorkTop of Page
Recordkeeping/Posters Law
The state's minimum wage posters have been updated (NY ¶33-9900).
North CarolinaTop of Page
Reasonable Accommodation in State Employment Rule
Agencies shall make such adjustments for the known limitations of otherwise qualified applicants and employees with a disability unless it can be demonstrated that a particular adjustment or alteration would impose an undue hardship on the operation of the agency. This regulation is codified in the North Carolina Administrative Code at Title 25, Subchapter 1L, Section .0401, as adopted effective Oct. 1, 2004.

Equal Employment Opportunity Institute-Public Employment Rule
All supervisors, managers and university chancellors hired on or after July 1, 1991, are required to participate in the Office of State Personnel's Equal Employment Opportunity Institute. The institute was created to enhance equal employment opportunity in state employment. Title 25, Subchapter 1L, Section .0300, Sections .0304 and .0305, as amended effective Jan. 1, 2005. ¶34-23,351.04 and ¶34-23,351.05.

North DakotaTop of Page
No Updates as of February 25, 2005
OhioTop of Page
Health Insurance Benefit Coverage Law
Provisions relating to coverage of mammograms and cervical cancer screenings have been amended (H. 331, L. 2003, at OH ¶36-4000).
OklahomaTop of Page
No Updates as of February 25, 2005
OregonTop of Page
Bureau of Labor Rules of Administrative Procedure
Respondents may only be added during the course of investigation, and amended complaints need not be verified or signed by the complainant or the complainant's attorney. Chapter 839, Division 3, Section 839-003-0040, as amended by BLI 2-2005, effective Jan. 7, 2005. ¶38-20,126.40.

Family and Medical Leave Rules
A female employee who has been granted OFLA pregnancy disability leave need not re-qualify for an additional 12 weeks of leave within the same leave year for any OFLA leave purpose. Chapter 839, Division 9, Sections 839-009-0240 and 839-009-0260, as amended by BLI 3-2005, effective Jan. 7, 2005. ¶38-22,500.04 and ¶38-22,500.06.

Affirmative Action in State Employment Order
It is the policy of the state of Oregon that by and through the agencies, boards and commissions of the Executive Branch, values the principles of equal employment opportunities, affirmative action and diversity and should proactively lead the State on issues of equality and diversity and on the promotion of Affirmative Action. Executive Order 0501, reads as signed by Governor Ted Kulongoski on January 26, 2005.

Criminal Background Checks Rule
Employees of early childhood care and education programs are required to undergo a criminal records check. Chapter 414, Division 61, Section 414-061-0080, as amended by CCD 6-2004, effective Dec.17, 2004. ¶38-23,651.39.

Unemployment Insurance Law
The taxable wage base in Oregon for 2005 remains at $27,000 (OR ¶38-1700).

PennsylvaniaTop of Page
Unemployment Insurance Law Summary
The maximum weekly benefit amount in Pennsylvania for 2005 is $478. The minimum amount remains $35 (PA ¶39-1700).
Puerto RicoTop of Page
No Updates as of February 25, 2005
Rhode IslandTop of Page

Recordkeeping/Posters Law Summary
The state's workers' compensation posters (English and Spanish) have been updated (RI ¶41-9900).

Smoking in the Workplace Law Summary
As previously reported, the Public Health and Workplace Safety Act will take effect March 1, 2005. Under this law, smoking will be prohibited in all enclosed public places as well as in all enclosed facilities within places of employment (Ch. 04-198 (S. 2029), L. 2003, at RI ¶41-2700).

Unemployment Insurance Law
Schedule I remains in effect for 2005, with rates ranging from 1.69% to 9.79%. New employers pay 2.04% in 2005. The employee wage deduction for 2005 is 1.4%, down from 1.5% in 2004 (RI ¶41-1700).

South CarolinaTop of Page

Recordkeeping/Posters Law
The state has updated the English and Spanish versions of the following posters: unemployment, workers' compensation, wage payment and employment discrimination. The job safety and health poster has also been updated (SC ¶42-9900).

Unemployment Insurance Law
The statewide reserve ratio for 2005 is 0.898%, so a 0.7% surcharge will be added to all contributory employers' base rates this year. Rates for positive-balance employers range from 1.24% to 2.99%, and rates for negative-balance employers range from 3.34% to 6.10%. New employers pay 3.34%. These rates do not include the 0.06% Administrative Contingency Assessment that remains in effect for 2005 (SC ¶42-1700).

South DakotaTop of Page
COBRA Law
Certain references regarding conversion have been removed from the requirements for continuation of group health coverage (S. 50, L. 2005, at SD ¶43-4200).
TennesseeTop of Page
No Updates as of February 25, 2005
TexasTop of Page
Unemployment Insurance Law
The maximum weekly benefit amount is currently $336 (TX ¶45-1700).
UtahTop of Page
No Updates as of February 25, 2005
VermontTop of Page
No Updates as of February 25, 2005
VirginiaTop of Page
No Updates as of February 25, 2005
WashingtonTop of Page
Criminal Background Checks Rule
The fees charged to the general public and private entities conducting criminal history background checks have been amended. Title 446, Chapter 446-20, Section 446-20-600, as amended effective Feb. 10, 2005. ¶50-23,650.75.
West VirginiaTop of Page
Unemployment Insurance Law
For calendar year 2005, Column C of the rate table is in effect for positive-balance employers. Rates under Column C range from 1.5% to 4.5%. Negative-balance employers continue to pay basic rates of 5.5%, 6.5% or 7.5%, in addition to a 1.0% surtax for 2005. New employers continue to pay 2.7% for 2005 (except that new foreign construction employers pay 7.5%) (WV ¶50-1700).
WisconsinTop of Page
No Updates as of February 25, 2005
WyomingTop of Page
Criminal Background Checks Law
The state of Wyoming has adopted the National Crime Prevention and Privacy Compact, effective July 1, 2005.The Compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment. Title 7, Chapter 19, Article 6, Sections 17-9-601 through 17-9-603, as enacted by Act 4 (S.B. 30), L. 2005, effective July 1, 2005.

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