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.

January 31, 2005 Update

AlabamaTop of Page
No Updates as of January 31, 2005
AlaskaTop of Page
No Updates as of January 31, 2005
ArizonaTop of Page
No Updates as of January 31, 2005
ArkansasTop of Page
No Updates as of January 31, 2005
CaliforniaTop of Page
Unemployment Insurance Law
The UI rate schedule in effect for 2005 will be Schedule F+. This is Schedule F plus a 15% emergency surcharge, rounded to the nearest tenth. Schedule F+ provides for UI contribution rates ranging from 1.5% to 6.2%. The taxable wage base for 2005 for UI purposes remains at $7,000. The new employer rate will be 3.4%, and the Employment Training Tax rate remains at 0.1% for 2005. The voluntary UI payment program is not in effect in 2005.

The State Disability Insurance (SDI) withholding rate (i.e., employee contribution rate) for 2005 is 1.08%, which is the base rate of 1.0% plus 0.08% for Paid Family Leave. The SDI taxable wage base for 2005 is $79,418. The elective coverage rate is 3.03% for 2005.

ColoradoTop of Page
Jury Duty and Court Attendance Leave Law
Upon notice by an employee, a jury commissioner shall postpone and reschedule the service of a summoned juror who is regularly employed by an employer with five or fewer full-time employees or their equivalent if, during the same period, another employee of the employer has been summoned for jury service (Ch. 86 (H. 1159), L. 2004).

Unemployment Insurance Law
For 2005, the "126 to 162 million" rate schedule of the tax table applies, the fund balance having been between those figures as of July 1, 2004. Rates range from 0.3% to 2.5% for positive-balance employers, and from 2.8% to 5.4% for negative-balance employers, with unrated employers paying 1.7%. The surcharge for benefits not effectively charged remains at 0.22%.
Note that the solvency tax surcharge remains in effect for 2005 as well. The tax varies by employer, but is charged against all ratable employer accounts with less than 20 percent of excess, excluding government agencies, political subdivisions and nonprofit organizations that are reimbursable employers. Employers with an increased percent of excess pay at a lower rate, while those with a decreased percent of excess pay at a higher one. The tax will increase each year for as long as it is required, but may not go past the limit set by law in 1990.

ConnecticutTop of Page
Unemployment Insurance Law
The maximum weekly benefit amount is $447 for the year beginning October 3, 2004.
DelawareTop of Page
No Updates as of January 31, 2005
D.C.Top of Page
No Updates as of January 31, 2005
FloridaTop of Page
Unemployment Insurance Law
For 2005, the minimum rate is 0.42%, and the maximum rate is 5.4%, except that employers participating in the short-time compensation program will be subject to a maximum rate of 6.4%. New employers pay 2.7% in 2005. The noncharge adjustment ratio is .0030, the excess payment ratio is .0029, the fund size ratio is .0042, the gross benefit ratio is .0155, the multiplier is .6516, and the final adjustment ratio is .0042.
GeorgiaTop of Page
No Updates as of January 31, 2005
HawaiiTop of Page
Unemployment Insurance Law
Schedule C continues in effect in Hawaii for 2005. Rates under this schedule range from 0.0% to 2.4% for positive-balance employers, and from 2.8% to 5.4% for negative-balance employers. In addition, each employer with a contribution rate higher than 0.0% and less than 5.4% must pay an employment and training assessment of 0.01% of taxable wages in 2005.
IdahoTop of Page
Military and Emergency Services Leave Law
The state has clarified when federal law applies to Idaho national guard members called to active duty (Ch. 59 (S. 1267), L. 2004).
IllinoisTop of Page
Human Rights Act
Illinois Governor Rod Blagojevich has signed a "landmark" law that prohibits employment discrimination based on sexual orientation. Chapter 775, Act 5, Article 1, Sections 5/1-101.1, 5/1-102 and 5/1-103, as amended by S.B. 3186, L. 2005, effective Jan. 1, 2006. ¶14-20,025.011, ¶14-20,025.02 and ¶14-20,025.03.

Department of Human Rights Rules of Practice and Procedure
The regulations of practice and procedure of the Illinois Department of Human Rights governing procedures applicable to all agencies have been amended. Title 56, Chapter II, Sections 2520.30, 2520.40, 2520.330, and 2520.587, as amended effective Dec. 28, 2004. Procedure, as amended effective Dec. 28, 2004. ¶14-20,126, ¶14-20,127.30, ¶14-20,127.40, ¶14-20,127.330, and ¶14-20,127.587.

IndianaTop of Page
No Updates as of January 31, 2005
IowaTop of Page
Unemployment Insurance Law
The 2005 taxable wage base in Iowa is $20,400. Also, Iowa contribution rates continue to be determined under Rate Table 6 in 2005 and range from zero to 8.0%. New nonconstruction employers pay 1.0%, and new construction employers pay 8.0%. There is no administrative surcharge in effect for 2005. Employers who receive a zero rate are still required to file a timely report.
KansasTop of Page
Family and Medical Leave
State Employees (E.O. 2003-13) Executive Order 2004-13 extends the application of the family and medical leave regulations, in addition to others, to unclassified employees under the Kansas Civil Service Act. The order reads as signed on December 21, 2004, effective immediately.
KentuckyTop of Page
No Updates as of January 31, 2005
LouisianaTop of Page

Unemployment Insurance Law
For 2005, there is a 10% reduction in rates and the social charge tax, which is computed as a percentage of each employer's basic reduced rate and then added to such rate, is 28.45%. There is no negative reserve rate or solvency tax for 2005. Rates for employers with a negative reserve ratio range from 2.18% to 6.20%, and rates for employers with a positive reserve ratio range from 0.10% to 2.13% in 2005. Note that the part of an employer's contribution rate that results from the social charge tax is not creditable to the employer's experience rating account. Rates for new employers for 2005 range from 1.28% to 6.20%, depending upon industry classification.

Criminal Background Checks Rules
Nurses and nursing applicants are required to undergo a criminal background check as a condition of licensure. Title 46, Part XLVII, Chapter 33, Section 3330, as amended effective Dec. 20, 2004. ¶19-23,650.11

MaineTop of Page
No Updates as of January 31, 2005
MarylandTop of Page
No Updates as of January 31, 2005
MassachusettsTop of Page
Unemployment Insurance Law
Schedule D is in effect in Massachusetts for calendar year 2005. Rates for positive-balance employers under this schedule range from 1.12% to 5.48%, and rates for negative-balance employers range from 6.46% to 10.96%. The solvency assessment rate is 2.11% for 2005. New nonconstruction employers pay 2.53%, and new construction employers pay 6.62% in 2005. The health insurance contribution wage base remains at $14,000 next year.
MichiganTop of Page
Recordkeeping/Posters Law
The Social Security Number Privacy Act has been adopted. The law includes new employer-specific requirements (S. 795, L. 2003).

Unemployment Insurance Law
Contribution rates for employers with five or more years of experience will range from
0.06% to 10.3% in 2005. The maximum rate of 10.3% includes a 6.3% maximum chargeable benefit component, a 3.0% maximum account building component, and a 1.0% maximum nonchargeable benefits component. If the employer has submitted no quarterly tax reports, that employer's maximum tax rate will be 10.3%, and the employer will also be assessed a penalty of 3.0%, which is separate from the contribution rate.

The nonchargeable benefits component (NBC) for 2005 may range from 0.06% to
1.0%, depending upon an employer's experience.

Wage Payment Law
Michigan has amended its wage payment law with respect to direct deposit and debit cards. Specifically, the law now provides that an employer may pay wages to an employee through the issuance of a payroll debit card to the employee. The employee's written consent for this method of payment is required unless the employer was paying wages in this manner to one or more of its employees as of January 1, 2005 (S. 851, L. 2003).

Also, beginning October 1, 2005, nonclassified state government employees' payroll and payments and all elected and appointed state officials' payroll and payments shall be paid by electronic funds transfer (S. 850, L. 2003).

MinnesotaTop of Page
No Updates as of January 31, 2005
MississippiTop of Page
No Updates as of January 31, 2005
MissouriTop of Page
No Updates as of January 31, 2005
MontanaTop of Page
No Updates as of January 31, 2005
NebraskaTop of Page
No Updates as of January 31, 2005
NevadaTop of Page
No Updates as of January 31, 2005
New HampshireTop of Page
No Updates as of January 31, 2005
New JerseyTop of Page
Affirmative Action Rules, Public Contracts
Rules outlining the affirmative action procedures required to receive a public contract awarded by the state have been amended. Title 17, Chapter 27, Subchapters 1 through 12, Sections 17:27-1.1 through 17:27-12.4, as readopted effective Nov. 9, 2004 and recodified, amended and repealed effective Dec. 6, 2004. ¶31-23,450.01 through ¶31-23,461.04.
New MexicoTop of Page
Unemployment Insurance Law
The taxable wage base in New Mexico is $17,200 in 2005.
New YorkTop of Page
No Updates as of January 31, 2005
North CarolinaTop of Page
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. Title 25, Subchapter 1L, Sections .0300, Sections .0302, .0303 and .0307, as amended effective Nov. 1, 2004. ¶34-23,351.02, ¶34-23,351.03 and ¶34-23,351.07.

Equal Opportunity Rules—Public Employees
The rules providing for affirmative action, non discrimination and prohibition of sexual harassment have been amended. Title 25, Subchapter 1C, Section .0200, Sections .0202 through .0213, as amended effective Oct. 1, 2004. ¶34-23,450.02 through ¶34-23,450.13.

Access to personnel Records and Reports—Public Employees Rules
Regulations regarding the inspection and disclosure of public employees' personnel records and reports have been amended. Title 25, Subchapter 1C, Section .0300, Sections .0301 through .0310, as amended effective Oct. 1, 2004. ¶34-23,750.01 through ¶34-23,750.10.

North DakotaTop of Page
No Updates as of January 31, 2005
OhioTop of Page
No Updates as of January 31, 2005
OklahomaTop of Page
No Updates as of January 31, 2005
OregonTop of Page
Criminal Background Checks Rules
The Employment Department, Child Care Division, is amending its rules to clarify that an individual enrolled in the Criminal History Registry may be removed or suspended from the Registry in certain circumstances, and to reflect the role of law enforcement agencies' role in child protective services investigations. Chapter 414, Division 61, Sections 414-061-0100 and 414-061-0110, as amended by CCD 5-2004, effective Nov. 16. 2004. ¶38-23,651.41 and ¶38-23,651.42.
PennsylvaniaTop of Page
No Updates as of January 31, 2005
Puerto RicoTop of Page
No Updates as of January 31, 2005
Rhode IslandTop of Page
Unemployment Insurance Law
The taxable wage base in Rhode Island for unemployment insurance purposes is $16,000 in 2005; for temporary disability insurance purposes, the figure is $49,000 in 2005.
South CarolinaTop of Page
No Updates as of January 31, 2005
South DakotaTop of Page
No Updates as of January 31, 2005
TennesseeTop of Page
No Updates as of January 31, 2005
TexasTop of Page
No Updates as of January 31, 2005
UtahTop of Page
No Updates as of January 31, 2005
VermontTop of Page
Workers' Compensation Law
The state's workers' compensation law has been amended with respect to coverage and safety records (Act 132 (H. 632), L. 2003).
VirginiaTop of Page
No Updates as of January 31, 2005
WashingtonTop of Page
Reasonable Accommodation in State Employment Rules
Rules have been adopted to provide state employers guidance regarding the use of reasonable accommodation in employment and separation. Title 357, Chapter 357-26, Sections 357-26-005 through 357-26-025, as adopted effective July 1, 2005.

Affirmative Action-State Employment Rules
Rules have been adopted to provide state employers guidance on affirmative action regarding the development and implementation of affirmative action goals and timetables, and the monitoring of progress toward those goals and timetables. Title 357, Chapter 357-25, Sections 357-25-005 through 357-25-055, as adopted effective July 1, 2005.

Access to Personnel Files Rules—State Employees
State employers are required to maintain an official file of each employee showing a record of employment and such other information as may be required for business and legal purposes. Title 357, Chapter 357-22, Sections 357-22-010 through 357-22-045, as adopted effective July 1, 2005.

West VirginiaTop of Page
No Updates as of January 31, 2005
WisconsinTop of Page
Unemployment Insurance Law
For 2005, Schedule B of the Rate Tables is in effect. Rates under Schedule B range from 0.0% to 8.9%. In addition, the rate (including solvency rate) for newly liable construction employers with payrolls of $500,000 and over is 6.6%, and the rate for newly liable construction employers with payrolls of under $500,000 is 6.6% for 2005. The general new employer rate (including solvency rate) in 2005 for employers with payrolls of $500,000 and over is 3.4%, and the general new employer rate for employers with payrolls of under $500,000 is 3.25%.
WyomingTop of Page
Unemployment Insurance Law
The taxable wage base in Wyoming for 2005 is $16,400, up from $15,900 in 2004.

For 2005, experience-rated employers pay rates ranging from 0.29% to 8.79%.
Any delinquent employer is assessed 2.0% plus the assignable basic rate, the total of which may not exceed 8.79% for 2005. New employers pay the following rates by industry classification for 2005: raw materials and energy production, 1.33%; goods production, 2.32%; distribution and transportation of goods, 1.29%; information, 1.29%; finance, insurance, real estate, and rental and leasing, 1.29%; professional and business services, 1.29%; education, health and social assistance, 1.29%; leisure, accommodation, and food services, 1.29%; other services (except public administration), 1.29%; public administration, 1.29%; and unclassified employers, 2.97%.

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