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Alabama Top of Page
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No Updates as of June 30, 2005
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Alaska Top of Page
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No Updates as of June 30, 2005
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Arizona Top of Page
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No Updates as of June 30, 2005
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Arkansas Top of Page
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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).
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California Top of Page
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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).
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Colorado Top of Page
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No Updates as of June 30, 2005 |
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Connecticut Top of Page
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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).
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Delaware Top of Page
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No Updates as of June 30, 2005
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D.C. Top of Page
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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.
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Florida Top of Page
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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).
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Georgia Top of Page
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No Updates as of June 30, 2005
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Hawaii Top of Page
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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. |
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Idaho Top of Page
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No Updates as of June 30, 2005 |
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Illinois Top of Page
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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).
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Indiana Top of Page
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No Updates as of June 30, 2005 |
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Iowa Top of Page
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No Updates as of June 30, 2005
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Kansas Top of Page
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No Updates as of June 30, 2005
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Kentucky Top of Page
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No Updates as of June 30, 2005
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Louisiana Top of Page
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No Updates as of June 30, 2005
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Maine Top of Page
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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).
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Maryland Top of Page
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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).
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Massachusetts Top of Page
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Minimum Wage Law
Brookline, Massachusetts has a living wage rate of $10.7161 per hour (MA ¶22-1000).
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Michigan Top of Page
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Minimum Wage Law
The current living wage rate for the City of Lansing is $12.09 per hour (MI ¶23-1000). |
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Minnesota Top of Page
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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).
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Mississippi Top of Page
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No Updates as of June 30, 2005
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Missouri Top of Page
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Overtime Pay Law
The state employee overtime pay law has been amended, effective January 1, 2006
(S. 367, L. 2005, at MO ¶26-1100).
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Montana Top of Page
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No Updates as of June 30, 2005 |
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Nebraska Top of Page
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No Updates as of June 30, 2005
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Nevada Top of Page
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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).
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New Hampshire Top of Page
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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).
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New Jersey Top of Page
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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.
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New Mexico Top of Page
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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 .
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New York Top of Page
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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). |
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North Carolina Top of Page
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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.
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North Dakota Top of Page
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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).
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Ohio Top of Page
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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).
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Oklahoma Top of Page
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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).
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Oregon Top of Page
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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).
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Pennsylvania Top of Page
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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).
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Puerto Rico Top of Page
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No Updates as of June 30, 2005
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Rhode Island Top of Page
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No Updates as of June 30, 2005 |
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South Carolina Top of Page
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Unemployment Insurance Law
The South Carolina Employment Security Law has been amended with respect to SUTA
dumping (SC ¶42-1700).
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South Dakota Top of Page
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No Updates as of June 30, 2005
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Tennessee Top of Page
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No Updates as of June 30, 2005 |
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Texas Top of Page
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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).
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Utah Top of Page
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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).
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Vermont Top of Page
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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).
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Virginia Top of Page
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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).
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Washington Top of Page
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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).
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West Virginia Top of Page
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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).
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Wisconsin Top of Page
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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). |
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Wyoming Top of Page
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No Updates as of June 30, 2005
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CCH INCORPORATED is the leading provider of information covering Human Resources, Employment and Labor Benefits, Pensions, Payroll, Safety, and Workers Compensation. The information provided to you is copyrighted by
CCH and no redistribution is permitted without prior written permission of CCH.
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