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.

June 30, 2005 Update

AlabamaTop of Page
No Updates as of June 30, 2005
AlaskaTop of Page
No Updates as of June 30, 2005
ArizonaTop of Page
No Updates as of June 30, 2005
ArkansasTop of Page

Criminal Background Checks Law
Registered sex offenders are prohibited to be employed or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with children under sixteen years of age. Title 5, Chapter 14, Subchapter 1, Section 5-14-129, as enacted by Act 1779 (H.B. 2785), L. 2005, effective Aug. 12, 2005. ¶4-23,600.09.

Criminal Background Checks Law
A person may be disqualified for employment, licensure, or any other purpose, if it is determined that a court has entered an order requiring the person to register as a sex offender. Title 12, Chapter 12, Subchapter 15, Section 12-12-1513, as enacted by Act 1941 (H.B. 2714), L. 2005, effective April 11, 2005. ¶4-23,600.91.

Health Insurance Benefit Coverage Law
As previously reported, the Colorectal Cancer Act of 2005 will take effect August 1, 2005 (Act 2236 (H. 2781), L. 2005, at AR ¶4-4000).

CaliforniaTop of Page

Minimum Wage Law
San Francisco's minimum wage has increased from $8.50 per hour to $8.62 per hour. The minimum wage requirement applies to employees who work two or more hours per week. The minimum wage ordinance, passed in 2003, became applicable to small employers and nonprofits as of January 1, 2005. As of that date, small employers and nonprofits must pay $7.75 per hour. Starting January 1, 2006, small businesses and nonprofits will have to pay the minimum wage of $8.62 per hour (CA ¶5-1000).

Additionally, Sacramento has amended its living wage ordinance (CA ¶5-1000).

ColoradoTop of Page
No Updates as of June 30, 2005
ConnecticutTop of Page

Health Insurance Benefit Coverage Law
Effective October 1, 2005, group health insurance policies shall provide additional benefits for comprehensive ultrasound screening of an entire breast or breasts if such screening is recommended by a physician for a woman classified as a category 2, 3, 4 or 5 under the Breast Imaging Reporting and Data System established by the American College of Radiology (P.A. 05-69 (S. 30), L. 2005, at CT ¶7-4000).

Minimum Wage Law
The current living wage rate (without benefits) for New Haven is $11.10 per hour (CT ¶7-1000).

DelawareTop of Page
No Updates as of June 30, 2005
D.C.Top of Page

Blood Donation Leave-University Employees Rule
Topic added. A university employee may be allowed up to four (4) hours of administrative leave to donate blood. Title 8, Chapter13, Rule 8-1311.

FloridaTop of Page

Discrimination Against Individuals with a Disability Law
The term “physically disabled person” has been changed to “an individual with a disability”. Also, service animal be given access to all areas of a public accommodation that the public or customers are normally permitted to occupy, including places of employment. Title XXX, Chapter 413, Part I, Section 413.08, as amended by Ch. 2005-63 (S.B. 434), L. 2005, effective July 1, 2005. ¶10-20,750.01.

Child Support Enforcement Law
The state has amended its provisions relating to civil penalties for employers who do not comply with requirements of the national medical support notice (Ch. 2005-82 (H. 775), L. 2005, at FL ¶10-5500).

Disability Law
Effective July 1, 2005, an individual with a disability has the right to be accompanied by a service animal in all areas of a public accommodation that the public or customers are normally permitted to occupy. Documentation that the service animal is trained is not a precondition for providing service to an individual accompanied by a service animal (Ch. 2005-63 (S. 434), L. 2005, at FL ¶10-2600).

Drug Testing Law
Technical amendments have been made to the state's drug-free workplace program requirements (Ch. 2005-55 (S. 356), L. 2005, at FL ¶10-8600).

GeorgiaTop of Page
No Updates as of June 30, 2005
HawaiiTop of Page

Minimum Wage Law
The Hawaii legislature has passed a bill that increases the minimum wage from $6.25 per hour to $6.75 per hour as of January 1, 2006, and to $7.25 per hour as of January 1, 2007. In a letter to CCH dated June 29, 2005, the Wage Standards Division of the Hawaii Department of Labor and Industrial Relations confirmed the passage of the bill and noted that the governor did not issue a notice of intent to veto the bill by June 28, 2005, meaning that it will either be signed into law by the governor or will become law without the governor's signature.

IdahoTop of Page
No Updates as of June 30, 2005
IllinoisTop of Page

Organ, Blood and Bone Marrow Donation Leave-Public Employees Law
An employee may use up to one hour to donate blood every 56 days, and up to 2 hours to donate blood platelets in accordance with appropriate medical standards established by the American Red Cross, America's Blood Centers, the American Association of Blood Banks, or other nationally-recognized standards. Chapter 5, Part 327, Section 327/20, as amended by H.B. 324, L. 2005, effective Jan. 1, 2006. ¶14-22,950.04.

Employee Blood Donation Leave Act
Topic added. Local government and private sector full-time employees who work for companies with more than 50 employees are permitted to take up to one hour of paid leave every 56 days to donate blood. However, employees must obtain approval from his or her employer prior to the leave. The law reads as enacted by H.B. 324, L. 2005, Sections 1 through 10, effective Jan. 1, 2006.

Family, Medical, and Parental Leaves Law
Illinois Governor Rod R. Blagojevich signed legislation on June 15, 2005, to allow employees to take up to an hour off from work in order to donate blood. The Employee Blood Donation Leave Act, which takes effect on January 1, 2006, allows local government and private sector full-time employees who work for companies with more than 50 employees to take up to one hour of paid leave every 56 days to donate blood. An employee must obtain approval from his or her employer (H. 324, L. 2005, at IL ¶14-7000).

IndianaTop of Page
No Updates as of June 30, 2005
IowaTop of Page
No Updates as of June 30, 2005
KansasTop of Page
No Updates as of June 30, 2005
KentuckyTop of Page
No Updates as of June 30, 2005
LouisianaTop of Page
No Updates as of June 30, 2005
MaineTop of Page

Family and Medical Leave Law
The state has amended the remedy provisions under its family medical leave law to conform to those under federal law. Title 26, Chapter 7, Subchapter VI-A, Section 848, as amended by P.L. 228 (H. 977), L. 2005, effective June 29, 2005. ¶20-22,450.06.

Child Labor Law
The state has amended its law with respect to tobacco sales by minors (P.L. 223 (S. 293), L. 2005, at ME ¶20-1500).

Drug Testing Law
The state has amended its drug testing law with respect to the release of results of point of collection screening tests and confirmation tests (Ch. 443 (H. 944), L. 2005, at ME ¶20-8600).

Family, Medical, and Parental Leaves Law
The state has amended the remedy provisions under its family medical leave law to conform with those under federal law (P.L. 228 (H. 977), L. 2005, at ME ¶20-7000).

Additionally, the state has enacted a "family sick leave" law that requires certain employers to allow employees to use paid leave for the care of an immediate family member who is ill (Ch. 455 (S. 361), L. 2005, at ME ¶20-7000).

Military and Emergency Services Leave Law
The state has enacted a law to protect the employment rights of volunteer firefighters responding to an emergency (Ch. 296 (H. 1166), L. 2005, at ME ¶20-7200).

Overtime Pay Law
The state's wage law has been amended to recognize the federal salary level for overtime when higher than the state level (Ch. 255 (H. 165), L. 2005, at ME ¶20-1100).

Smoking in the Workplace Law
The state has clarified the laws regarding smoking in public places, effective September 17, 2005 (Ch. 257 (H. 799), L. 2005, at ME ¶20-2700).

MarylandTop of Page

Child Labor Law
Maryland's child labor law has been amended to exempt a minor from certain work hour restrictions while serving as an election judge on election day. Effective October 1, 2005, a minor who is 17 years old and who is too young to be a registered voter may serve as an election judge if the minor demonstrates to the satisfaction of the local county Board of Elections that the minor meets all of the other qualifications for registration in the county he or she resides in. Such minor may work more than 12 hours on election day only, subject to consent from at least one parent or guardian (Ch. 505 (S. 700), L. 2005, at MD ¶21-1500).

Military and Emergency Services Leave Law
The state has amended its law covering administrative leave and compensation for state employees on active military duty on or after July 1, 2003. The law will remain in effect until June 30, 2006 (Ch. 104 (S. 31), L. 2005, at MD ¶21-7200).

Minimum Wage Law
Effective July 1, 2005, Baltimore's living wage rate is $9.06 per hour (MD ¶21-1000).

Wage Payment Law
The state now allows employers to pay wages to employees by credit of the wage to a debit card or card account under certain circumstances (Ch. 573 (H. 751), L. 2005, at MD ¶21-1200).

MassachusettsTop of Page

Minimum Wage Law
Brookline, Massachusetts has a living wage rate of $10.7161 per hour (MA ¶22-1000).

MichiganTop of Page

Minimum Wage Law
The current living wage rate for the City of Lansing is $12.09 per hour (MI ¶23-1000).

MinnesotaTop of Page

Disability Law
The Commissioner of Employment and Economic Development is required to enter into agreements with qualified entities to provide an accessible electronic information service for eligible individuals. This service must be planned for continuation from year to year (Ch. 81 (S. 1064), L. 2005, at MN ¶24-2600).

Drug Testing Law
An employer may request or require employees to undergo drug and alcohol testing on a random selection basis only if (1) they are employed in safety-sensitive positions, or (2) they are employed as professional athletes if the professional athlete is subject to a collective bargaining agreement permitting random testing, but only to the extent consistent with the collective bargaining agreement (Ch. 133 (S. 1780), L. 2005, at MN ¶24-8600).

Wage Payment Law
The state has amended its provisions regarding payment of transitory employees upon termination of employment (Ch. 127 (S. 1984), L. 2005, at MN ¶24-1200).

Additionally, Minnesota now allows employers the option of paying employee wages through means of electronic transfer to a payroll card account (Ch. 158 (S. 2093), L. 2005, at MN ¶24-1200).

MississippiTop of Page
No Updates as of June 30, 2005
MissouriTop of Page

Overtime Pay Law
The state employee overtime pay law has been amended, effective January 1, 2006 (S. 367, L. 2005, at MO ¶26-1100).

MontanaTop of Page
No Updates as of June 30, 2005
NebraskaTop of Page
No Updates as of June 30, 2005
NevadaTop of Page

Fair Employment Practices Act
The reference to persons with a “physical, aural or visual disabilities” has been changed to a “person with a disability”. Title 53, Chapter 613, Section 613.330, as amended by S.B. 36, L. 2005, effective Oct. 1, 2005. ¶29-20,025.04.

Harassment in the Workplace Law
Various changes have been made to the provisions governing temporary and extended orders for protection against stalking, aggravated stalking, harassment and domestic violence in the workplace. In addition, the law enacted by A.B. 370, L. 2004 has been codified. Title 3, Chapter 33, Sections 33.200 through 33.360, as amended by S.B. 450, L. 2005, effective July 1, 2005. ¶29-21,550.01 through ¶29-21,550.17.

Disability Law
The reference to persons with "physical, aural or visual disabilities" has been changed simply to "persons with disabilities." In addition, a landlord is prohibited from refusing to rent certain dwellings to a person with a disability solely because an animal that assists, supports or provides service to that person will be residing with that person. These changes take effect October 1, 2005 (S. 36, L. 2005, at NV ¶29-2600).

Additionally, effective October 1, 2005, a complaint alleging unlawful discriminatory practices in 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 (A. 5, L. 2005, at NV ¶29-2600).

Smoking in the Workplace Law
The state has amended its public smoking law with respect to video arcades and child care facilities (A. 118, L. 2005, at NV ¶29-2700).

New HampshireTop of Page

Jury Duty and Court Attendance Leave Law
New Hampshire has enacted the Crime Victim Employment Leave Act. Effective January 1, 2006, 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 (Ch. 109 (H. 329), L. 2005, at NH ¶30-7100).

Workers' Compensation Law
The state has amended its workers' compensation law with respect to medical examinations (Ch. 94 (S. 219), L. 2005, at NH ¶30-4300).

New JerseyTop of Page

Criminal Background Checks Law
Health care professionals are required to undergo a criminal background check and submit a set of fingerprints as a condition of licensure. Title 45, Chapter 1, Article 2, Sections 45:1-28 through 45:1-31, as amended by Ch. 83 (S.B. 1804), L. 2005, effective Oct. 30, 2005. ¶31-23,601.21 through ¶31-23,601.24.

Criminal Background Checks Rules
Persons seeking certification as a nurse aide, personal care assistant and/or certified assisted living administrator are required to undergo a criminal background check as a condition of employment. Title 8, Chapter 431, Subchapters 1 through 5, Sections 8:431-1.1 through 8:431-5.1, as adopted effective Nov. 15, 2004. ¶31-23,650.01 through ¶31-23,650.71.

New MexicoTop of Page

Criminal Background Checks Law
The Caregivers Criminal History Screening Act has been amended to clarify definitions and add disqualifying convictions. Chapter 29, Article 17, Sections 29-17-4 and 29-17-5, as amended by Ch. 226 (H.B. 627), L. 2005, effective June 17, 2005. ¶32-23,600.12  and ¶32-23,600.13 .

Criminal Background Checks Law
Employees and prospective employees of the Children, Youth and Families Department are required to undergo a criminal background check as a condition of employment. This provision is not yet codified and reads as enacted by Ch. 271 (S.B. 91), L. 2005, effective June 17, 2005. ¶32-23,600.41 .

New YorkTop of Page

Human Rights Law
New York has amended its provisions regarding protection against employment discrimination based on genetics by replacing the currently used term "genetic predisposition or carrier status" with the term "predisposing genetic characteristics." Executive Law, Article 15, Sections 292 and 296, as amended by A.B. 3107, L. 2005, effective Aug. 29, 2005. ¶33-20,025.02 and ¶33-20,025.06.

Genetic Testing Law
New York has amended its law regarding protection against employment discrimination based on genetics by replacing the currently used term "genetic predisposition or carrier status" with the term "predisposing genetic characteristics" (A. 3107, L. 2005, at NY ¶33-8700).

Minimum Wage Law
The City of Syracuse has enacted a living wage ordinance (NY ¶33-1000).

New Hire Reporting Law
The New York Department of Taxation and Finance has issued a personal income tax memorandum concerning the new hire reporting program. The date employers must use as the hiring date for purposes of reporting such employees has been changed. Beginning July 1, 2005, the hiring date is considered to be the first day on which compensated services are performed by the employee (i.e., the first day when any services are performed for which the employee will be paid wages or other compensation, or the first day when an employee working for commissions is eligible to earn commissions). Because of this change, the hiring date rules included in Publication NYS-50 cannot be used after June 30, 2005. However, employers must continue to follow the other new hire reporting requirements included in Part V of Publication NYS-50 (TSB-M-05(3)I, Technical Services Bureau, Taxpayer Services Division, New York Department of Taxation and Finance, May 25, 2005), at NY ¶33-1600).

North CarolinaTop of Page

Blood, Bone Marrow and Organ Donation Leave-Public Employment Rule
Public employees may be given reasonable time off with pay for whole blood donation, pheresis procedure or bone marrow transplant and up to 30 days with pay for organ donation. Title 25, Chapter 1, Subchapter 1E, Section .1600, Section .1607, as adopted effective Aug. 1, 2004.

North DakotaTop of Page

Discrimination Against Smokers Law
Public and private employers are prohibited to discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment because of the individual's use of tobacco. Title 23, Chapter 23-12, Section 23-11-10, as amended by S.B. 2300, L. 2005. effective Aug. 1, 2005.

Family, Medical and Parental Leaves Law
The executive officer in charge of a state agency may grant a leave of absence, not to exceed 20 workdays, to an employee for the purpose of donating an organ or bone marrow. An employee may request and use donated annual leave or sick leave for the purpose of donating an organ or bone marrow. If an employee requests donations of sick leave or annual leave, but does not receive the full amount needed for the donation, the executive officer of the state agency may grant a paid leave of absence for the remainder of the leave up to the maximum total of 20 workdays. The executive officer of the state agency may require verification by a physician regarding the purpose of the leave requested and information from the physician regarding the length of the leave requested. A paid leave of absence may not result in a loss of compensation, seniority, annual leave, sick leave, or accrued overtime for which the employee is otherwise eligible (S. 2298, L. 2005, at ND ¶35-7000).

OhioTop of Page

Meal and Rest Periods Law
The state has enacted a law entitling a mother to breastfeed her baby in any location of a place of public accommodation wherein the mother otherwise is permitted (S. 41, L. 2005, at OH ¶36-1400).

OklahomaTop of Page

Violence in the Workplace Law
The state's law relating to transporting and storing firearms in motor vehicles has been amended. There are specific requirements relating to employers in the law, which takes effect November 1, 2005 (H. 1243, L. 2005, at OK ¶37-3300).

OregonTop of Page

Criminal Background Checks Rules
The Mental Health and Developmental Disabilities Services Division is repealing its rules relating to criminal background checks of personnel employed at it agencies and consolidating them into provisions at OAR 410-007-0220 through 410-007-0380, which is concurrently being noticed for change. Chapter 309, Division 18, Sections 309-018-0000, 309-018-0020, and 309-018-0060, as repealed by MHD 2-2005, effective March 29, 2005 and Chapter 410, Division 7, Sections 410-007-0210 through 410-007-0380, as amended by OMAP 22-2005, effective March 29, 2005. ¶38-23,650.11 through ¶38-23,650.13 and ¶38-23,651.01 through ¶38-23,651.19.

Military and Emergency Services Leave Law
The state has extended reemployment rights to members of organized militia of other states called into active state service (H. 2133, L. 2005, at OR ¶38-7200).

Minimum Wage Law
The living wage for the city of Corvallis will increase to $10.12 per hour, effective July 1, 2005, up from $9.79 per hour. The living wage applies to most contracts for service that the city enters into that exceed $10,000 per year, and applies to most employees of the contractor. Voluntary compliance is expected from all vendors, but a complaint process was developed to allow employees to seek an investigation by the city if they believed that they were entitled to earn the living wage but were not paid a living wage (OR ¶38-1000).

PennsylvaniaTop of Page

Preemployment Inquiries Law
Pennsylvania has amended its Judiciary and Judicial Procedure Code to provide for employer immunity from liability for disclosure of information regarding former or current employees (Act 2005-3 (S. 69), L. 2005, at PA ¶39-9000).

Puerto RicoTop of Page
No Updates as of June 30, 2005
Rhode IslandTop of Page

No Updates as of June 30, 2005

South CarolinaTop of Page

Unemployment Insurance Law
The South Carolina Employment Security Law has been amended with respect to SUTA dumping (SC ¶42-1700).

South DakotaTop of Page
No Updates as of June 30, 2005
TennesseeTop of Page
No Updates as of June 30, 2005
TexasTop of Page

Child Labor Law
The state has added an age limitation for children engaged in the performance of duties related to a paper route (H. 2930, L. 2005, at TX ¶45-1500).

Health Insurance Benefit Coverage Law
The state has enacted a law requiring specified health benefit plans to provide coverage for screening tests for human papillomavirus and cervical cancer. The law will take effect January 1, 2006 (H. 1485, L. 2005, at TX ¶45-4000).

New Hire Reporting Law
The state's new hire reporting form has been updated (TX ¶45-1600).

Polygraph Testing Law
The state has enacted a law relating to the administration of polygraph examinations to certain applicants for positions in the Department of Public Safety (H. 1589, L. 2005, at TX ¶45-8800).

Recordkeeping/Posters Law
The state has enacted a law requiring restaurant and bar owners to post signs warning their employees about identity theft. The law takes effect September 1, 2005 (H. 982, L. 2005, at TX ¶45-9900).

Additionally, effective September 1, 2005, each day care center, group day care home, and family home shall post a list of all current employees at the center or home (S. 565, L. 2005, at TX ¶45-9900).

UtahTop of Page

Violence in the Workplace Law
The governor has signed an executive order prohibiting violence against women in each workplace in which state employees and employees of public and higher education are required to conduct business. The order also directs state department directors to establish specific policies on this matter (Executive Order 2005-06, at UT ¶46-3300).

VermontTop of Page

Smoking in the Workplace Law
The state's public smoking law has been amended to ban smoking in buildings or facilities owned or operated by social, fraternal and religious clubs (Act 34 (H. 241), L. 2005, at VT ¶47-2700).

VirginiaTop of Page

Minimum Wage Law
Effective July 1, 2005, the living wage for the city of Alexandria is $11.80 per hour in all contracts initiated or renewed during the period of July 1, 2005, to June 30, 2006 (VA  ¶48-1000).

WashingtonTop of Page

Family, Medical and Parental Leaves Law
The definition of sick leave under the state's family care act has been amended (S. 5850, L. 2005, at WA ¶49-7000).

West VirginiaTop of Page

Family, Medical and Parental Leaves Law
West Virginia has enacted a law providing that a full-time state employee shall receive up to 120 hours of leave with pay during each calendar year to use during those hours when the employee is absent from work because of the employee's donation of any portion of an adult liver or because of the employee's donation of an adult kidney. Additionally, a full-time state employee shall receive up to 56 hours of leave with pay during each calendar year to use during those hours when the employee is absent from work because of the employee's donation of adult bone marrow. An appointing authority shall compensate a full-time state employee who uses leave in this manner at the employee's regular rate of pay for those regular work hours during which the employee is absent from work (Ch. 175 (S. 240), L. 2005, at WV ¶50-7000).

WisconsinTop of Page

Minimum Wage Law
Effective June 1, 2005, emergency rulemaking of the Wisconsin Department of Workforce Development increased the minimum wage to $5.70 an hour for adult employees and created a wage rate of $5.30 per hour for opportunity and minor employees. Allowances for board and lodging and meals were also increased (WI ¶51-1000).

Additionally, Wisconsin law has been amended to provide that a city, village, town or county may not enact or administer an ordinance establishing a living wage and that any existing ordinances are void. For those employees covered by a collective bargaining agreement that contains provisions inconsistent with the local living wage ban, the changes would apply to the employee on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever comes first. This law took effect on June 16, 2005 (Act 12 (A. 49), L. 2005, at WI ¶51-1000).

WyomingTop of Page

No Updates as of June 30, 2005

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