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.

July 31, 2005 Update
AlabamaTop of Page
No Updates as of July 31, 2005
AlaskaTop of Page
No Updates as of July 31, 2005
ArizonaTop of Page
No Updates as of July 31, 2005
ArkansasTop of Page
No Updates as of July 31, 2005
CaliforniaTop of Page
Unemployment Insurance Law
Information on SUTA dumping has been added. CA ¶5-1700

Wage Payment Law
California has clarified existing law to require that an employer, by January 1, 2008, include on the itemized statement that accompanies any check provided an employee to include only the last four digits of the employee's social security number or an employee identification number other than a social security number (Ch. 103 (S. 101), L. 2005, at CA ¶5-1200.
ColoradoTop of Page
Unemployment Insurance Law
Beginning July 1, 2005, the maximum weekly benefit amount in Colorado will be $383, and the alternative maximum weekly benefit amount will be $421. The minimum amount remains $25 CO ¶6-1700. 
ConnecticutTop of Page
Health Insurance Benefits Coverage Law
Effective October 1, 2005, certain group health insurers will be required to provide coverage for infertility treatment. There are exceptions for religious employers (P.A. 05-196 (S. 508), L. 2005, at CT ¶7-4000).
DelawareTop of Page
Family, Medical and Parental Leaves Law
Delaware has enacted a law allowing state employees employed for at least one year with the state to use their accumulated paid sick leave to travel outside the United States to adopt a child. Once the adoption overseas has been approved, any additional days of leave will be pursuant to the Family Medical Leave Act (H. 198, L. 2005, at DE ¶8-7000).


 Health Insurance Benefits Coverage Law
The Universal Newborn and Infant Hearing Screening Act will require group insurers to cover newborn hearing loss screenings (H. 205, L. 2005, at DE ¶8-4000).
D.C.Top of Page
No Updates as of July 31, 2005
FloridaTop of Page
No Updates as of July 31, 2005
GeorgiaTop of Page
Unemployment Insurance Law
The Georgia Employment Security Law has been amended with respect to the following: leave to join military spouse; independent delivery services; new employer rates; variations from standard rates; statewide reserves; administrative assessments; weekly benefit amount calculation; increase of minimum benefit amounts; maximum benefit amount increases; and SUTA dumping (GA ¶11-1700).
HawaiiTop of Page
Family, Medical and Parental Leaves Law
The state has amended its law to provide that an employee may use, for family leave purposes, temporary disability insurance sick leave benefits in excess of minimum statutory temporary disability insurance benefit requirements (H. 325, L. 2005, at HI ¶12-7000).


 Minimum Wage Law
As previously reported, Hawaii Governor Linda Lingle allowed a bill to increase the state's hourly minimum wage to become law without her signature. The hourly minimum wage will increase from $6.25 to $6.75 on January 1, 2006, and to $7.25 effective January 1, 2007 (S. 294, L. 2005, at HI ¶12-1000).


 Wage Payment Law
The state's wage payment law has been amended with respect to recordkeeping and notices to employees (S. 61, L. 2005, at HI ¶12-1200).
IdahoTop of Page
Unemployment Insurance Law
The maximum weekly benefit amount in Idaho decreased to $322, down from $325, effective July 3, 2005. The minimum amount remains at $51 (ID ¶13-1700).
IllinoisTop of Page

Health Insurance Benefits Coverage Law
Effective immediately, group health insurers and HMOs will be required to cover screening mammography for women under age 40 who have a family history of breast cancer or other risk factors whenever considered medically necessary by a health care provider (S. 12, L. 2005, at IL ¶14-4000).

Additionally, the state has amended its law relating to health insurance coverage for Pap tests and prostate-specific antigen tests (S. 521, L. 2005, at IL IL ¶14-4000).

Unemployment Insurance Law
Weekly benefit amounts have been updated (IL ¶14-1700).

Criminal Background Checks Rules
The definition of SACWIS (Statewide Automated Child Welfare Information System) has been added. SACWIS has replaced the Child Abuse and Neglect Tracking System (CANTS). Title 89, Chapter III, Subchapter E, Part 404, Section 404.2, as amended effective July 1, 2005. ¶14-23,650.09

Child Labor Law
The State Prohibition of Goods from Child Labor Act, which took effect July 19, 2005, requires state contractors to certify that no foreign-made equipment, materials or supplies furnished to the state under the contract are produced in whole or in part by the labor of any child under the age of 12 (H. 2460, L. 2005, at IL ¶14-1500).

Military and Emergency Services Leave Law
The Service Member's Employment Tenure Act has been amended with respect to employment offers (H. 593, L. 2005, at IL ¶14-7200).
IndianaTop of Page
Discrimination Against Disabled Persons Rule
Rules implementing equal employment provisions on the basis of disability have been readopted. Title 910, Article 3, Rules 1 through 3, Sections 3-1-1 through 3-3-18, as readopted effective July 1, 2005.  ¶15-20,800.01 through ¶15-20,802.18.

Unemployment Insurance Law
The maximum weekly benefit amount in Indiana effective July 3, 2005, is $390. The minimum amount is set in the law at $50 (IN ¶15-1700).
IowaTop of Page
Recordkeeping/Posters Law
The state's unemployment insurance posters (English and Spanish versions) have been updated (IA ¶16-9900).
KansasTop of Page
Unemployment Insurance Law
The maximum and minimum weekly benefit amounts in Kansas for the period beginning July 1, 2005, are $373, and $93, respectively (KS ¶17-1700).
KentuckyTop of Page
No Updates as of July 31, 2005
LouisianaTop of Page
Access to Personnel Files Law
The law relating to personnel files of law enforcement officers has been amended (Act 452 (H. 711), L. 2005, at LA ¶19-8500).


 Health Insurance Benefit Coverage Law
Health coverage plans issued for delivery, delivered, renewed, or otherwise contracted for in Louisiana on or after January 1, 2006, shall provide coverage for routine colorectal cancer screening (Act 505 (H. 36), L. 2005, at LA ¶19-4000).


 Preemployment Inquiries Law
The state has amended its criminal background checks law with respect to school employees (Act 416 (H. 178), L. 2005, at LA ¶19-9000).
MaineTop of Page
Family Sick Leave Law
Public and private employers with 25 or more employees are required to allow employees to use paid leave for the care of an immediate family member who is ill. Title 26, Chapter 7, Subchapter II, Section 636, as enacted by Ch. 455 (S.B. 361), L. 2005, effective June 29, 2005. 

Recordkeeping/Posters Law
The state has updated its unemployment insurance and workers' comp posters (ME ¶20-9900).

Smoking in the Workplace Law
The state has enacted a law promoting parity in the laws governing smoking in the workplace. The law addresses employer responsibility, smoking areas, fines and injunctive relief, and veterans' service organizations (Ch. 338 (S. 294), L. 2005, at ME ¶20-2700).
MarylandTop of Page
No Updates as of July 31, 2005
MassachusettsTop of Page
Religious Discrimination Law
The state has enacted a regenerative medicine law that extends employment protections to medical workers who object to participating in the collection and storage of umbilical cord blood and placental tissue on the basis of sincerely-held religious practices or beliefs regarding blood transfer. The law also provides that an employee may not be required to conduct scientific research, experimentation or study that involves the creation or use of preimplantation embryos in relation to human embryonic stem cell research to the extent that such research conflicts with the sincerely-held religious practices or beliefs of the employee (Ch. 27 (S. 2039), L. 2005, at MA ¶22-2900).


Whistleblower Protection Law
The state has enacted a regenerative medicine law that provides employment protection against retaliatory action in this specific area (Ch. 27 (S. 2039), L. 2005, at MA ¶22-3600).
MichiganTop of Page
Unemployment Insurance Law
Weekly benefit amounts have been updated (MI ¶23-1700).
MinnesotaTop of Page
No Updates as of July 31, 2005
MississippiTop of Page

Criminal Background Checks Law
Child care facilities are required to conduct criminal background checks on all caregivers. This provision is at Title 43, Chapter 20, Section 43-20-8, as amended by Ch. 450 (S.B. 2053), L. 2005, effective July 1, 2005. ¶25-23,600.45
MissouriTop of Page
Health Insurance Benefits Coverage Law
Missouri has enacted a law permitting an employer to provide or contract for health insurance benefits at a reduced premium rate for employees who do not smoke or use tobacco products (H. 596, L. 2005, at MO ¶26-4000).

Military and Emergency Leaves Law
The state has enacted a law changing which state employees may receive paid leave for volunteering as a disaster service volunteer (S. 71, L. 2005, at MO ¶26-7200).

Additionally, the state has enacted a law relating to life insurance benefits for public employees called to military service (H. 119, L. 2005, at MO ¶26-7200).

Disability Law
Any person who knowingly, intentionally, or recklessly causes substantial physical injury to or the death of a service dog is guilty of a class A misdemeanor. An owner of a service dog or a person with a disability who uses a service dog may file a cause of action to recover civil damages against any person who violates this provision (H. 116, L. 2005, at MO ¶26-2600).
MontanaTop of Page
COBRA Law
Effective October 1, 2005, Montana will amend its disability insurance coverage law to limit the applicability of provisions relating to basic health benefit plans offered by the conversion carrier. Those provisions do not apply to disability plans providing only "excepted benefits." "Excepted benefits" includes benefits coverage only for accident or disability income insurance (Ch. 469 (H. 188), L. 2005, at MT ¶27-4200).


Unemployment Insurance Law
The maximum weekly benefit amount in Montana for the period beginning July 3, 2005, is $346. The minimum amount is $98 (MT ¶27-1700).
NebraskaTop of Page
Minimum Wage Law
For the period from July 1, 2005, to June 30, 2006, for the City of Lincoln, the hourly living wage rate with health benefits is $9.30. If health benefits are not provided, the rate is $10.23 (NE ¶28-1000).
NevadaTop of Page
Equal Rights Commission Law
A complaint alleging unlawful discriminatory practices in employment and public accommodations must be filed with the Nevada Equal Rights Commission not later than 300 days (currently, 180 days) after the date of the occurrence of the alleged practice. Title 18, Chapter 223, Sections 233.010, 233.020, 233.150 and 233.160, as amended by A.B. 5, L. 2005, effective Oct. 1, 2005. ¶29-20,026.10, ¶29-20,026.20, ¶29-20,026.150 and  ¶29-20,026.160.

Workers' Compensation Law
Specified fines and penalties under the state's workers' comp law have been increased (A. 254, L. 2005, at NV ¶29-4300).

Overtime Pay Law
Employees in Nevada who earn one and one-half times the hourly minimum wage or more are no longer exempt from receiving overtime pay (A. 44, L. 2005, at NV ¶29-1100).
New HampshireTop of Page
Crime Victim Employment Leave Act
Employers must allow employees who are victims of certain crimes to leave work to attend court or other legal or investigative proceedings associated with the prosecution of the crime. In addition, employers are prohibited from discriminating against any employee because the employee exercised his or her rights under the act. Title XXIII, Chapter 275, Sections 275:61 through 275.65, as enacted by Ch. 109 (H.B. 329), L. 2005, effective Jan. 1, 2006. ¶30-21,050.01 through ¶30-21,050.05.

Disability Law
It is unlawful for any person to willfully interfere or attempt to interfere with a service dog. Any person who violates this provision shall be guilty of a misdemeanor (Ch. 142 (H. 440), L. 2005, at NH ¶30-2600).


Wage Payment Law
The state has amended its law relating to wage claims (Ch. 241 (H. 350), L. 2005, at NH ¶30-1200).
New JerseyTop of Page
Recordkeeping/Posters Law
New Jersey now requires employers to post, in prominent locations, notices to employees in the form provided by the state of whether the employer is permitted or required to participate in a temporary disability benefits program pursuant to the state's "Temporary Disability Benefits Law," and whether the employer does or does not participate (Ch. 106 (S. 488), L. 2004, at NJ ¶31-9900).
New MexicoTop of Page
No Updates as of July 31, 2005
New YorkTop of Page
No Updates as of July 31, 2005
North CarolinaTop of Page
Drug Testing Law
Effective December 1, 2005, the employer of any employee who tests positive in a drug or alcohol test required under federal regulations shall notify the Division of Motor Vehicles in writing within five business days following the employer's receipt of confirmation of a positive drug test (H. 740, L. 2005, at NC ¶34-8600 ).

Criminal Background Checks Law
The Department of Health and Human Services now requires independent contractors and their employees to undergo a criminal background prior to providing services. Chapter 114, Article 4, Section 114-19.6, as amended by S.L. 200-114 (H.B. 451), L. 2005, effective June 24, 2005. ¶34-23,600.14 
North DakotaTop of Page
No Updates as of July 31, 2005
OhioTop of Page

Breastfeeding Rights in Employment Law
A mother is entitled to breast-feed her baby in any location of a place of public accommodation wherein the mother otherwise is permitted. Although the statute doesn’t specifically mention places of employment, it construed to include place of employment. Title 37, Chapter 3781, Section 3781.55, as enacted by S.L. 22 (S.B. 41), L. 2005, effective 90 days after it is signed by the Governor and filed with the Secretary of State. ¶36-22,650.01.
OklahomaTop of Page
Military and Emergency Services Leave Law
The state's military leave law has been amended with respect to military leaves of absence for state employees who are National Guard members (S. 315, L. 2005, at OK ¶37-7200).
OregonTop of Page
Fair Employment Practices Act
An individual may no longer bring a civil action against an employer for discrimination on the basis of the use of tobacco during non-work hours. Title 51, Chapter 659A, Section 659A.315 and 659A.885, as amended by S.B. 238, L. 2005, effective Jan. 1, 2006. ¶38-20,025.315  and ¶38-20,025.885.

Employment Practices Act
Civil actions alleging an unlawful practice in violation of public accommodations discrimination must be commenced within one year of the occurrence of the unlawful practice. Title 51, Chapter 659A, Section 659A.875, as amended by S.B. 236, L. 2005, effective Jan. 1, 2006. ¶38-20,025.875.

Breast-feeding Rights in Employment Law
Employers who employ 25 or more employees are required to provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for her child. The law is to be codified in the Oregon Revised Statutes and reads as enacted by S.B. 618, L. 2005, Section 2, effective Jan. 1, 2006.

Criminal Background Checks Law
The National Crime Prevention and Privacy Compact has been ratified for the exchange of criminal history records between Oregon and other states and the federal government for noncriminal justice purposes. The law is not yet codified and reads as enacted by H.B. 2156, L. 2005, effective Jan. 1, 2006.

Smoking in the Workplace Law
An individual may no longer bring a civil action against an employer for discrimination on the basis of the use of tobacco during nonwork hours (S. 238, L. 2005, at OR ¶38-2700).


Whistleblower Protection Law
The state has enacted a law amending its provisions relating to discrimination based on exercise of rights under workplace safety statutes (S. 237, L. 2005, at OR ¶38-3600).
PennsylvaniaTop of Page
No Updates as of July 31, 2005
Puerto RicoTop of Page
No Updates as of July 31, 2005
Rhode IslandTop of Page

Fair Employment Practices Law
Effective July 1, 2005, Rhode Island employers are prohibited from causing an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for employees to change their clothes, unless authorized by a court order (Ch. 126 (S. 345) and Ch. 131 (H. 5849), L. 2005, at RI ¶41-2500).

Child Labor Law
The state has increased fines for unlawful unemployment of children in the workplace. Additionally, antiquated language has been removed or modified, and the list of prohibited occupations for minors has been expanded (Ch. 391 (H. 5650), L. 2005, at RI ¶41-1500).

Health Insurance Benefit Coverage Law
The state has amended its mandated hearing aid coverage provisions, effective January 1, 2006 (Ch. 395 (H. 5742), and Ch. 374 (S. 1195), L. 2005, at RI ¶41-4000).

Additionally, the state has expanded its mandated coverage requirements for mammograms (Ch. 405 (H. 5999), L. 2005, at RI ¶41-4000).

Meal and Rest Periods Law
Rhode Island's law governing meal periods has been repealed. Prior to repeal, employees working a six-hour shift were entitled to a 20-minute mealtime, and employees working an eight-hour shift were entitled to a 30-minute mealtime (Ch. 391 (H. 5650), L. 2005, at RI (H. 5649, L. 2005, at RI ¶41-1400).


Recordkeeping/Posters Law
The prevailing wage posting requirements for public works contractors have been amended (Ch. 402 (H. 5850), L. 2005, at RI ¶41-9900).

Also, there are new recordkeeping requirements for employers of employees who sell tobacco (Ch. 386 (H. 5386), L. 2005, at RI ¶41-9900).
South CarolinaTop of Page
No Updates as of July 31, 2005
South DakotaTop of Page
No Updates as of July 31, 2005
TennesseeTop of Page
Fair Employment Practices Law
The Tennessee legislature amended the "maternity" leave law to extend its provisions to include all employees (previously it applied only to females) and to include leave for adoption as well as for childbirth. Title 4, Chapter 21, Part 4, Section 4-21-408, as amended by Ch. 224 (H.B. 1323), l. 2005, effective May 27, 2005. ¶44-20,025.408.
TexasTop of Page
Employment Discrimination Law
Not later than November 1, of each year each state agency shall report equal employment opportunity information for the preceding fiscal year to the Texas Workforce Commission as required. Title 2, Subtitle A, Chapter 21, Subchapter K, Section 21,552, as amended by H.B. 2716, L. 2005, effective Sept. 1, 2005. ¶45-20,034.02.
UtahTop of Page
Anti-Discrimination Act Rules
The Labor Commission continues to have jurisdiction over discrimination in employment. This rule establishes that any contractor entering into a contact with the State of Utah and/or its agencies must not discriminate and must place a clause into the contract and any subcontracts to that effect. Therefore, this rule should be continued. Rule R606-3, as continued, effective July 4, 2005. ¶46-21,125.03.
VermontTop of Page
Fair Employment Practice Act
An employer can not require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages; require an employee to sign a waiver or document that purports to deny the employee the right to disclose the amount of his or her wages; or discharge, formally discipline or otherwise discriminate against an employee who discloses the amount of his or her wages. Title 21, Chapter 5, Subchapter 6, Section 495, as amended by Act 10 (H.B. 72), L. 2005, effective July 1, 2005. ¶47-20,025.01.

Unemployment Insurance Law
Schedule II of the tax table will continue in effect in Vermont for the year beginning July 3, 2005. As a result, rates for experience-rated employers will range from 0.6% to 5.9%. New in-state employers will pay 1.0% during this period, and new out-of-state employers will pay rates as follows: employers assigned NAICS Code 236, 2.5%; employers assigned NAICS Code 237, 4.3%; and employers assigned NAICS Code 237, 3.2% (VT ¶47-1700).

Fair Employment Practices Law
No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or sign a waiver or other document that purports to deny the employee that right (Act 10 (H. 72), L. 2005, at VT ¶47-2500).
VirginiaTop of Page
No Updates as of July 31, 2005
WashingtonTop of Page
Family Leave Law
The definition of sick leave under the state's family care act has been amended. Title 49, Chapter 49.12, Section 49.12.265, as amended by S.B. 5850, L. 2005, effective July 24, 2005. ¶50-22,450.01.

Parental Leave Rule
The rules pertaining to what an employee is entitled to and definition of “employee” under the Family and Medical Leave Act have been amended. Title 357, Chapter 357-31, Sections 357-31-525 and 357-13-530, as amended effective July 1, 2005. ¶50-22,501.14 and ¶50-22,501.15. 

Criminal Background Checks Rules
Employees and applicants of the Department of Social and Health Services are required to undergo a criminal history check as a condition of employment. Title 357, Chapter 357-19, Sections 357-19-183 through 357-19- 191, as adopted effective July 1, 2005. ¶50-22,650.60 through ¶50-23,650.67.
West VirginiaTop of Page
No Updates as of July 31, 2005
WisconsinTop of Page

Recordkeeping/Posters Law
The state has updated its minimum wage poster, as well as the following posters: notification for cessation of healthcare benefits, and retaliation protection for healthcare workers (WI ¶51-9900).

Leave for Bone Marrow and Organ Donors Rule, State Employees
A rule has been adopted implementing the Wisconsin law regarding bone marrow and organ donation leave for state employees. Chapter ER 18, Section 18.17, as adopted effective July 1, 2005.
WyomingTop of Page

No Updates as of July 31, 2005

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