State Law Changes

June 30, 2008 Update

Health Insurance Benefit Coverage Law

A health care insurer that offers health care insurance that covers a dependent of a covered individual shall, initially and at each renewal, offer coverage for the cost of well-baby exams. The coverage required to be offered by this section is subject to standard policy provisions applicable to other benefits, including deductible or copayment provisions (S. 170, L. 2007, enacted June 4, 2008, at AK ¶2-4000).

Criminal Background Checks Law

A school district shall fingerprint or require the submission of a full set of fingerprints of any contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis on school property. The school district may charge the costs of the fingerprint check to the contractor, subcontractor or vendor or the employee of the contractor, subcontractor or vendor. Title 15, Chapter 5, Section 15-512, as amended by Ch. 222 (H.B. 2694), L. 2008, effective 91 days after adjournment of the legislature. ¶3-23,600.01.

If the Department of Public Safety is notified that a person who is required to have a fingerprint clearance card to be employed by or to engage in volunteer activities at a school district or charter school has been arrested or convicted of an offense listed in Section 41-1758.03, Subsection B or has been arrested or convicted of an offense that amounts to unprofessional conduct, the Department of Public Safety shall notify each school district and charter school in this state that the person's fingerprint clearance card has been suspended or revoked. Title 41, Chapter 12, Section 41-1750, as amended by Ch. 212 (H.B. 2042), L. 2008, effective 91 days after adjournment of the legislature. ¶3-23,601.01.

Provisions pertaining the maintenance and access of criminal background and fingerprint information were amended. Title 41, Chapter 12, Sections 41-1758 and 41-1758.01, as amended by Ch. 173 (H.B. 2254), L. 2008, effective 91 days after the adjournment of the legislature. ¶3-23,601.03 and ¶3-23,601.04.

Leave for Bone Marrow and Organ Donors-State Employees Law

Topic added. A state employee is entitled to a paid leave of absence of up to 5 work days to serve as a bone marrow donor or up to 30 work days to serve as an organ donor, if the employee provides written verification that the employee is to serve as a bone marrow or organ donor. Title 41, Chapter 4, Article 1, Section 41-705, as enacted by Ch. 259 (S.B. 1253), L. 2008, effective 91 days after adjournment of the legislature. ¶3-22,950.01.

Minimum Wage Law

In what is thought to be the largest “living wage” award in history, Cintas Corp has been ordered to pay nearly $1.2 million in back wages and interest to some 200 former employees who were not compensated properly under the city of Hayward, California's living wage ordinance. The city requires municipal contractors to pay a living wage to its workers. Cintas, a city contractor, did not provide the minimum wages or benefits required by the ordinance to employees who worked in the company's stockroom or laundry production facilities, which are located outside city boundaries. The ordinance covered all employees who worked under a city contract, whether within the city proper or not, a California appeals court ruled, affirming a superior court finding of liability over the employer's constitutional challenges (Amaral v Cintas Corp, CalCtApp, June 11, 2008, at CA ¶5-1000).

In other living wage news, the County of Ventura has adjusted its living wage rates effective July 1, 2008. The new rates are $9.50 per hour with $2.00 per hour of health benefits, or $11.50 per hour without health benefits (CA ¶5-1000).

Antidiscrimination Act

"Sexual orientation" has been defined as a person's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another person's perception thereof. Title 24, Article 34, Part 3, Sections 24-34-301 and 24-34-303, as amended by S.B. 200, L. 2008, effective May 29, 2008. ¶6-20,025.01 and ¶6-20,025.03.

Criminal Background Checks Law

Provisions relating to the employment of personnel by education boards and public school districts were amended. Title 22, Article 2, Section 22-2-119, as amended by H.B. 1344, L. 2008, effective June 5, 2008 and S.B. 208, L. 2008, effective Aug. 5, 2008. ¶6-23,600.05.

Charter schools and institute charter schools will conduct a background investigation of an applicant to whom an offer of employment is extended to determine whether the applicant is suitable to work in an environment with children. In addition, applicants will submit a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the charter school or institute charter school and notarized. Title 22, Article 30.5, Sections 22-30.5-110.5, 22-30.5-110.7 and 22-30.5-511.5, as enacted by S.B. 208, L. 2008, effective Aug. 5, 2008. ¶6-23,600.07 through ¶6-23,600.09.

A public school district or charter school shall not enter into a settlement agreement that would restrict the school district or charter school from sharing any relevant information related to a conviction for child abuse or a sexual offense against a child, pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. Title 22, Article 32, Section 22-32-109.7, as amended by H.B. 1344, L. 2008, effective June 5, 2008. ¶6-23,600.12.

Discrimination by Labor Organization Law

No person shall be denied membership in a labor organization or union on account of race, creed, color, religion, sex, sexual orientation, marital status, disability, national origin, or ancestry. Title 8, Labor I, Article 3, Section 8-3-102(1(d), as amended by S.B. 200, L. 2008, effective May 29, 2008. ¶6-20,027.01.

Discrimination on Public Works Contracts Law

Colorado labor shall be employed to perform the work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on such project or public works. "Colorado labor" as used in this article means any person who is a resident of the state of Colorado, at the time of employment, without discrimination as to sexual orientation. Title 8, Labor I, Article 17, Section 8-17-101, as amended by S.B. 200, L. 2008, effective May 29, 2008. ¶6-23,300.10.

Employment of Aliens Law

Under the Nonimmigrant Agricultural Seasonal Worker Pilot Program, the state will enter into agreements with foreign countries to assist in the recruiting and selection of eligible H2-A workers. A family member of an employee may participate in the program only if that family member also qualifies for and is issued an H2-A visa. Title 8, Article 3.5, Part 1, Sections 8-3.5-101 through 8-3.5-114, as enacted by H.B. 1325, L. 2008, effective Aug. 5, 2008. ¶6-24,050.11 through ¶6-24,050.24.

Fair Employment Practices Law

Over fierce post-session attacks from Christian groups like Focus on the Family, Colorado Governor Bill Ritter (D) signed a bill (S. 200) into law on May 29, 2008, adding sexual orientation protections, including gender identity, to non-discrimination statutes for 23 areas, including the denial of membership in a union or labor organization, housing practices, public accommodations, eligibility for jury service, managed health care plans, publicly financed projects, school districts, merit systems and the availability of family planning services, among other areas. Sponsored by Senator Jennifer Veiga (D) and Representative Joel Judd (D), the law will also add sex, marital status, disability, age, national origin, ancestry and religion protections to those non-discrimination statutes as needed. The law took effect immediately.

The law expands upon another law (S. 25) enacted during the 2007 legislative session amending Colorado’s Anti-Discrimination Act to prohibit employers from discriminating on the basis of sexual orientation (including gender identity) or religion. That law, which provided workplace protections to homosexual, bisexual and transgendered employees, went into effect on August 8, 2007. Prior to the amendment, the Anti-Discrimination Act only protected employees based on race, creed, color, sex, age, national origin, and ancestry.

The 2008 legislation, which does not focus on employment discrimination per se, instead concentrates on providing housing and public accommodations protections to individuals based on their sexual orientation. However, in connection with publicly financed projects, sexual orientation protections are provided to a class of persons defined as “Colorado labor.” Whenever any public works are financed in whole or in part by funds of the state, “Colorado labor” must perform the work. “Colorado labor” refers to a requirement that residents must comprise not less than 80 percent of the employees on public works projects. Also, school districts cannot discriminate based on sexual orientation related to employment, promotion, transfer and dismissal, and county merit systems must assure fair treatment of applicants and employees in aspects of personnel administration. Violations of anti-discrimination laws are misdemeanors subject to fines up to $5,000, two years' imprisonment in a county jail, or both (S. 200, L. 2008, at CO ¶6-2500).

Health Insurance Benefit Coverage Law

Effective January 1, 2009, any health benefit plan that provides hospital, surgical, or medical expense insurance, except supplemental policies covering a specified disease or other limited benefit, shall provide coverage for hearing aids for minor children who have a hearing loss that has been verified by a physician and an audiologist (S. 57, L. 2008, at CO ¶6-4000).

Preemployment Inquiries Law

The state has enacted a law concerning criminal background investigations of school employees. The law specifically adds requirements for charter schools and institute charter schools (S. 208, L. 2008, at CO ¶6-9000).

Additionally, as a way to provide relief to Colorado farmers facing labor shortages, on June 5, 2008, Governor Bill Ritter (D) signed into law a bill that would create a five-year nonimmigrant agricultural seasonal worker pilot program in the state's Department of Labor and Employment. The pilot is intended to expedite the recruitment, application and approval of workers through the federal H-2A certification process (H. 1325, L. 2008, at CO ¶6-9000).

Child Labor Law

The state has amended provisions of its child labor law relating to the employment of minors as golf caddies, stock clerks, baggers and cashiers (P.A. 08-108 (S. 216), L. 2008, at CT ¶7-1500).

Health Insurance Benefit Coverage Law

The state has amended its law concerning benefits for inpatient treatment of serious mental or nervous conditions. The amendments will take effect January 1, 2009 (P.A. 08-125 (S. 167), L. 2008, at CT ¶7-4000).

Also effective January 1, 2009, group health insurers will be required to provide coverage for physical therapy, speech therapy and occupational therapy services for the treatment of autism spectrum disorders, as set forth in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”, to the extent such services are a covered benefit for other diseases and conditions (P.A. 08-132 (H. 5696), L. 2008, at CT ¶7-4000).

Jury Duty and Court Attendance Leave Law

Effective October 1, 2008, an employee who has served eight hours on jury duty in any one day will be considered as having worked a legal day's work and cannot be required by the employer to work past those eight hours (P.A. 08-103 (H. 5918), L. 2008, at CT ¶7-7100).

Minimum Wage Law

The Connecticut General Assembly voted June 23, 2008, to override Governor M. Jodi Rell's (R) veto of legislation that will raise the state's minimum wage from $7.65 to $8.00 beginning January 1, 2009, and to $8.25 beginning January 1, 2010. In addition to overriding the minimum wage legislation, the General Assembly also voted to override the governor's veto of a companion bill that will increase the minimum wage tip credit for bartenders and waitstaff. As a way to offset the minimum wage increase, this companion bill will allow hotels and restaurants to pay service employees and bartenders who customarily and regularly receive tips less than minimum wage, as long as tips make up the difference (P.A. 08-92 (H. 5105), L. 2008, and P.A. 08-113 (S. 55), L. 2008, at CT ¶7-1000).

Recordkeeping/Posters Law

The state has enacted a law, effective October 1, 2008, that provides for the confidentiality of social security numbers in many situations, including in the workplace (P.A. 08-167 (H. 5658), L. 2008, at CT ¶7-9900).

Violence in the Workplace Law

The Connecticut correctional department violated an officer's transfer rights when it denied his request to relocate to another facility because of a prior restraining order filed against him ten years earlier by a former girlfriend who worked there. An arbitrator ruled that voluntary transfers are governed by the bargaining agreement, which entitled the officer to the transfer based on seniority. The state supreme court agreed with the trial court below that the arbitrator's award did not violate a public policy against violence in the workplace since “the sole incident of violence between the two is too attenuated in time from the transfer request” (State of Connecticut v Connecticut State Employees Assn, CtSCt, June 10, 2008, at CT ¶7-3300).

Minimum Wage Law

Effective July 24, 2008, the minimum wage for the district will be $7.55 per hour (DC ¶9-1000).

Health Insurance Benefit Coverage Law

Pursuant to the Steven A. Geller Autism Coverage Act, a group health insurance plan issued or renewed on or after April 1, 2009, shall provide coverage to an eligible individual for: (1) well-baby and well-child screening for diagnosing the presence of autism spectrum disorder; and (2) treatment of autism spectrum disorder through speech therapy, occupational therapy, physical therapy, and applied behavior analysis. HMOs must also provide this coverage (Ch. 2008-30 (S. 2654), L. 2008, at FL ¶10-4000).

Minimum Wage Law

As previously reported, Idaho's minimum wage will increase to $6.55 per hour on July 24, 2008 (ID ¶13-1000).

Minimum Wage Law

On June 22, 2008, Illinois Governor Rod R. Blagojevich reminded Illinois workers that the state's minimum wage will increase to $7.75 an hour starting Tuesday, July 1, 2008. The increase will help nearly 650,000 workers cope with the rising cost of living and pay for basic necessities like groceries, gas, rent, childcare and medicine (Illinois Office of the Governor News Release, June 22, 2008, at IL ¶14-1000).

Governor Blagojevich signed legislation in December 2006 boosting Illinois' minimum wage to $7.50 an hour with an additional 25 cents in each of the following three years to $7.75 on July 1, 2008; $8.00 on July 1, 2009; and $8.25 on July 1, 2010.

Minimum Wage Law

As previously reported, Indiana's minimum wage will increase to $6.55 per hour on July 24, 2008 (IN ¶15-1000).

Veterans’ Preference in Public Employment Law

Every employment center of the state and any city or county human resources department, if any, shall openly display documents that indicate that veterans are eligible for a preference in their initial employment and any first promotion within the employment of the governmental entity. However, veterans' preference will not be provided in positions which are filled by officers elected by popular vote or persons appointed to fill vacancies in such offices and the personal secretary of each such officer, members of boards and commissions, persons employed on a temporary basis, heads of departments, positions that require licensure as a physician, licensure as an osteopathic physician, licensure as a chiropractic physician and positions that require that the employee be admitted to practice law in Kansas. Chapter 73, Article 2, Section 73-201, as amended and Sections 2 and 3, as enacted by Ch. 99 (H.B. 2564), L. 2007, effective July 1, 2008. ¶17-21,750.01, ¶17-21,750.07 and ¶17-21,750.08.

Affirmative Action in State Government (E.O. 2008-473)

Governor Steve Beshear signed an executive order that bars state officials from making hiring or firing decisions based on sexual preference or gender identity. "Experience, qualifications, talent and performance are what matter," Beshear said in a statement. The order reverses Executive Order 2006-402 which removed sexual orientation from the list of specifically protected characteristics. Executive Order 2008-473, signed June 2, 2008, effective immediately. ¶18-23,401.

Fair Employment Practices

Governor Steve Beshear has signed an executive order that bars state officials from making hiring or firing decisions based on sexual preference or gender identity. “Experience, qualifications, talent and performance are what matter,” Beshear said in a statement. The order reverses Executive Order 2006-402, which removed sexual orientation from the list of specifically protected characteristics (Executive Order 2008-473, signed June 2, 2008, effective immediately, at KY ¶18-2500).

Minimum Wage Law

As previously reported, Kentucky's minimum wage increased to $6.55 per hour, effective July 1, 2008 (Ch. 69 (H. 305), L. 2007, at KY ¶18-1000).

COBRA Law

Louisiana's COBRA statutes have been amended. The bill retains present law which provides that continuation of health insurance is not available to anyone who could be covered by any other coverage within a certain amount of days of termination whether insured or uninsured, but clarifies that insurance shall not continue for an individual within a certain amount of time of termination who is or could be covered by other hospital, surgical or medical coverage for individuals in a group (Act 199 (H. 188), L. 2008, at LA ¶19-4200).

Drug Testing Law

The state has amended its drug testing law to provide that the initial cut-off level for marijuana testing of 50 nanograms per milliliter may be reduced or modified by any person, firm, or corporation engaged in construction, maintenance, or manufacturing at any refining or chemical manufacturing facility (Act 150 (H. 514), L. 2008, at LA ¶19-8600).

Health Insurance Benefit Coverage Law

Maine has made it easier for group health plan participants to purchase coverage for their young adult children. Effective June 30, 2008, group insurance plans must offer coverage to the dependents of insureds until the dependent child is 25 years old, regardless of whether the dependent (1) is currently insured by the insurer or (2) is provided coverage under another policy or government program. Until January 1, 2012, group plans must provide annual notice to policyholders regarding the availability of dependent coverage. Group plans may require annual proof of age as a condition of eligibility for the coverage (Ch. 514 (H. 1450), L. 2007, enacted March 25, 2008, at ME ¶20-4000).

Family and Medical Leave Law

The state has enacted a law authorizing employees of certain employers to use leave with pay for the illness of an employee's immediate family. Title 3, Subtitle 8, Sections 3-801 and 3-802, as amended by Ch. 644 (H.B. 40), L. 2008, effective Oct. 1, 2008. ¶21-22,450.01 and ¶21-22,450.02.

Holiday and Vacation Law

The law specifying legal holidays in Maryland as well as the law specifying employee holidays
for state employees have been amended to include the Friday after Thanksgiving as a holiday for American Indian Heritage Day (H. 83, L. 2008, approved May 13, 2008, effective October 1, 2008, at MD ¶21-7400).

Criminal Background Checks Law

The state has enacted a law revising implementation of long-term care employee background check provisions. Chapter 333, Section 20173a, as amended by P.A. 123 (S.B. 1161), L. 2007, effective May 8, 2008. ¶23-23,600.12.

Military and Emergency Services Leave Law

If an employee is denied reemployment after reporting to work or applying to the employer, the employee may bring an action against the employer in the circuit court for the employee's county of residence and shall be awarded reinstatement and reasonable attorney fees (P.A. 106 (S. 192), L. 2007, enacted April 24, 2008, at MI ¶23-7200).

Criminal Background Checks Law

The state has enacted a law requiring school boards to seek information from prospective employees and the Board of Teaching about disciplinary actions against the employees. A school hiring authority may hire or allow an individual to provide a service to a school pending completion of a background check or obtaining a notice of Board of Teaching action, but shall notify the individual that the individual's employment or service may be terminated based on the results. Chapter 123B, Section 123B.03 as amended by as amended by Ch. 315 (S.B. 3235), L. 2007, effective Aug. 1, 2008; Ch. 275 (S.B. 2369), L. 2007, effective Sept. 1, 2008; and Ch. 369 (S.B. 2597), L. 2007, effective Sept. 1, 2008 and May 1, 2009. ¶24-23,600.01.

Preemployment Inquiries Law 

The state has enacted a law requiring school boards to seek information from prospective employees and the Board of Teaching about disciplinary actions against the employees. A school hiring authority may hire or allow an individual to provide a service to a school pending completion of a background check or obtaining a notice of Board of Teaching action, but shall notify the individual that the individual's employment or service may be terminated based on the results (Ch. 369 (S. 2597), L. 2007, at MN ¶24-9000).

Minimum Wage Law

As previously reported, on July 24, 2008, Montana's minimum wage will increase from $6.25 per hour to $6.55 per hour (MT ¶27-1000).

Minimum Wage Law

Employers who provide qualified health insurance benefits must pay employees a minimum hourly wage of $5.85; employers who do not provide qualified health insurance benefits must pay employees a minimum hourly wage of $6.85. Effective July 24, 2008, the basic rate of $5.85 will be lower than the federal rate of $6.55, and employers subject to the federal law will be required to pay the higher federal rate (NV ¶29-1000).

Child Labor Law

The state has enacted a law clarifying the conditions and requirements for persons who are 16 and 17 years of age to train and be employed as firefighters (Ch. 157 (H. 1410), L. 2007, enacted and effective June 6, 2008, at NH ¶30-1500).

Criminal Background Checks Law

The state has enacted a law allowing municipalities to obtain background investigations and criminal history records checks on prospective employees through the division of state police. Title III, Chapter 41, Section 41:9-b, as enacted by Ch. 59 (H.B. 315), L. 2007, effective Sept. 1, 2008. ¶30-23,600.51.

Minimum Wage Law

As previously reported, unless otherwise provided by statute, no person, firm or corporation may employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, or as follows, whichever is higher: $6.50 per hour on and after September 1, 2007; $6.55 per hour on and after July 24, 2008; and $7.25 per hour on and after September 1, 2008 (Ch. 24 (H. 514), L. 2007, enacted May 3, 2007; Public Law 110-28 (H.R. 2206), L. 2007, signed into law May 25, 2007, at NH ¶30-1000).

Preemployment Inquiries Law

The state has enacted a law allowing municipalities to obtain background investigations and criminal history records checks on prospective employees through the division of state police (Ch. 59 (H. 315), L. 2007, enacted May 21, 2008, effective September 1, 2008, at NH ¶30-9000).

Unemployment Insurance Law

An employee who relied on public transportation to get to work due to a visual impairment that precluded him from driving was forced to resign after his employer changed the shift he had worked for 13 years and his bus line did not run when his new shift ended. At first, he was able to carpool with a coworker on the way home, but this option was foreclosed when he was assigned to work mandatory overtime. On these facts, a divided New Jersey Supreme Court found the employee's commuting problems were set in motion by the employer and thus were work-related, not personal; therefore, the employee resigned “for good cause.” As such, the employee was entitled to unemployment benefits (Utley v Bd of Review, Dept of Labor, NJSCt, May 15, 2008, at NJ ¶31-1700).

Unemployment Insurance Law

The current rate schedule in effect remains the column labeled “0.5% but less than 0%”. The normal portion of the 2008 rates ranges from 0.5% to 8.5%. The range of rates with the normal, subsidiary and the Reemployment Service Fund taxes for 2008 is 1.1% to 9.5%. New employers pay a rate of 4.1%, including the subsidiary tax rate of 0.625% and the reemployment tax of 0.075% (NY ¶33-1700).

Wage Payment Law

In a ruling favorable to employers who pay on a commission basis--and seek to enforce their commission plan agreements--a marketing company was permitted under Sec.
193 of New York's Labor Law to deduct certain business expenses from a vice president's commissions before they became earned “wages” under the statute, the state's highest court held. Although the court found the wage payment provision of New York's Labor Law “plainly embraces executives” within its protections and thus the statute applied here, the executive still could not recover the unpaid portion of the commissions. While a commission is a “wage” under the statute, the parties here had an implied agreement that these “wages” were not yet “earned” until after the deductions were taken, since the employee had acquiesced in the compensation arrangement for more than ten years (Pachter v Bernard Hodes Group, Inc, NYCtApp, June 10, 2008, at NY ¶33-1200).

Minimum Wage Law

Until July 24, 2008, the minimum wage is $6.15 per hour. Effective July 24, 2008, the minimum wage will be $6.55 per hour (NC ¶34-1000).

Fair Employment Practices Law

The definition of "military status" was amended to include the performance of duty, on a voluntary or involuntary basis, in a uniformed service, under competent authority, and includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time national guard duty, and performance of duty or training by a member of the Ohio organized militia. Title 41, Chapter 4112, Section 4112.01, as amended by S.B. 289, L. 2007, effective Aug. 21, 2008. ¶36-20,025.01.

The definition of “military status” has been amended to include the performance of duty, on a voluntary or involuntary basis, in a uniformed service, under competent authority, and includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time national guard duty, and performance of duty or training by a member of the Ohio organized militia (S. 289, L. 2007, enacted May 23, 2008, at OH ¶36-2500).

Military and Emergency Services Leave Law

Ohio law providing employment protections for members of the uniformed services and Ohio organized militia who take a military leave of absence has been amended to provide that such persons are entitled to the same reinstatement and reemployment rights provided for under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Those who are denied a reinstatement or reemployment after military service can be reinstated through the court of common pleas (S. 289, L. 2007, enacted May 23, 2008, at OH ¶36-7200).

Fair Employment Practices Law

Effective November 1, 2008, no person, state, county, or local governmental entity or corporate entity may require an individual to undergo the implanting of a microchip or permanent mark of any kind or nature upon the individual. The State Department of Health may impose a fine not to exceed $10,000.00 on any person who violates this prohibition (Ch. 337 (S. 47), L. 2007, enacted June 2, 2008, at OK ¶37-2500).

Minimum Wage Law

Oklahoma's minimum wage will increase to $6.55 per hour on July 24, 2008 (OK ¶37-1000).

Preemployment Inquiries Law

U.S. District Court Judge Robin J. Cauthron of the Western District Court of Oklahoma issued a preliminary injunction on June 4, 2008, stopping the execution and enforcement of the employment verification provisions (Sections 7 and 9) in Oklahoma’s comprehensive Taxpayer and Citizen Protection Act of 2007 (H. 1804), finding it “substantially likely” that the provisions are preempted by the Immigration Control and Reform Act of 1986 (IRCA). Cauthron held that the law’s sanctions to employers, which include increased tax rates, the loss of contracts and exposure to litigation, attempt to regulate the employment of illegal aliens by imposing sanctions barred by IRCA. The decision came as a result of a lawsuit filed by the U.S. Chamber of Commerce, among other business groups, who asserted that electronic verification of new employees’ legal status is voluntary under federal law (Chamber of Commerce of the USA v Henry, WDOkla, No 5:08-cv-00109-C. Preliminary injunction granted, at OK ¶37-9000).

Bureau of Labor Rules of Administrative Procedure

On May 28, 2008, Oregon Bureau of Labor and Industries adopted amendments to Division 6 Rules changing references to "disabled persons" to "persons with disabilities" and similar changes to conform with legislation enacted into law in 2007. Chapter 839, Division 6, Sections 839-006-0200, 839-006-0244, 839-006-0255, 839-006-0270, 839-006-0275, and 839-006-0290 as amended effective June 6, 2008. ¶38-20,129.200, ¶38-20,129.244, ¶38-20,129.255, ¶38-20,129.270, ¶38-20,129.275 and ¶38-20,129.290. 

Minimum Wage Law

The state's minimum wage rate will increase from $7.15 per hour to $7.25 per hour on July 24,
2009. Also, an employer with the equivalent of ten or less full-time employees may pay a minimum wage rate of $7.15 per hour beginning July 1, 2008 (up from $6.65 per hour). This rate will increase again on July 24, 2009, to $7.25 per hour. There is a training wage for employees under 20 years old--the rate increases to $6.55 per hour effective July 24, 2008 (up from $5.85 per hour) (PA ¶39-1000).

Smoking in the Workplace Law

Pennsylvania Governor Edward G. Rendell on June 13, 2008, signed into law the Clean Indoor
Air Act, which is intended to protect Pennsylvanians from the deadly health effects of secondhand smoke by prohibiting smoking in most public places, including restaurants, workplaces and a portion of casino floors.

The legislation, Senate Bill 246, prohibits smoking in a public place or a workplace and lists examples of what is considered a public place. The bill allows for some exceptions, including a private residence (except those licensed as a child-care facility), a private social function where the site involved is under the control of the sponsor (except where the site is owned, leased, or operated by a state or local government agency) and a wholesale or retail tobacco shop. It also imposes penalties for those establishments not in compliance, as well as those individuals smoking in prohibited areas.

Establishments will have a 90-day phase-in period to allow for necessary changes to come into compliance with the new law. During this time, the Pennsylvania Department of Health will implement its plans for information, education and awareness to the general public and businesses about the requirements of the new legislation, and provide technical assistance to businesses in the implementation of no smoking policies (Pennsylvania Office of the Governor Press Release, June 13, 2008; No. 2008-27 (S. 246), L. 2007, enacted June 13, 2008, at PA ¶39-2700).

Unemployment Insurance Law

For calendar year 2008, the following unemployment compensation solvency measures are in effect: (1) the additional employer contribution is 0.25%; (2) the surcharge tax is 5.8%; and (3) the employee tax is 0.06%. The state adjustment factor for 2008 remains 1.5%. Rates for experience-rated, nondelinquent employers will range from 1.8370% to 9.9836% for 2008, and rates for delinquent employers will range from 5.2240% to 13.4784%. New employers and nonconstruction employers pay 3.7030%, and new construction employers pay 10.2626% in 2008.

For 2008, the minimum weekly benefit is $35, and the maximum weekly benefit amount is $539 (PA ¶39-1700).

Illegal Immigration Reform Act

Topic added. All public employers (every department, agency, or instrumentality of the state or a political subdivision of the state) are required to register and participate in E-Verify or by employing only workers who possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles. Title 8, Chapter 14, Sections 8-14-10 through 8-14-90, as enacted by H.B. 4400, L. 2008, effective June 4, 2008. Paras 42-24,050.01 through 42-24,050.09.
Also, all private employers, who are required by federal law to complete and maintain federal employment eligibility verification forms, with more than 100 employees must, by July 1, 2009, either use E-Verify to verify their new employees' legal status or employ only workers who possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles. Private employers with less than 100 employees must begin verifying their employees starting July 1, 2010. Title 41, Chapter 8, Sections 41-8-10 through 41-8-140, as enacted by H.B. 4400, L. 2008, effective June 4, 2008. ¶42-24,050.31 through ¶42-24,050.44.

Preemployment Inquiries Law

South Carolina has enacted legislation requiring employers to verify the legal status of their new hires using the federal government’s E-Verify program or a South Carolina driver’s license. The South Carolina Illegal Immigration Reform Act was signed into law by Governor Mark Sanford (R) on June 4, 2008 (H. 4400, L. 2007, at SC ¶42-9000).

Minimum Wage Law 

As previously reported, South Dakota's minimum wage will increase to $6.55 per hour on July 24, 2008 (SD ¶43-1000).

Criminal Background Checks Law

The state has amended its background checks law with respect to people who work with children. Title 71, Chapter 3, Section 71-3-507, as amended by Ch. 922 (S.B. 2708), L. 2007, effective July 1, 2008. ¶44-23,600.52.

Employment of Aliens Rules

Topic added. Rules have been adopted to implement the amendments to Tennessee Code Annotated Section 50-1-103 regarding the employment of illegal aliens. Under the Act, the Commissioner of the Department of Labor and Workforce Development is required to investigate complaints against persons who have knowingly employed, recruited or referred for a fee for employment an illegal alien. The adopted rules specify the procedures for filing and investigating such complaints. Chapter 0800-7-1, Sections 0800-7-1-.01 through 0800-7-1-.07, as adopted effective May 30, 2008. ¶44-24,100.01 through ¶44-24,100.07.

Military and Emergency Services Leave Law

Effective July 1, 2008, an employee of the State of Tennessee who is a member of the United States Air Force Auxiliary Civil Air Patrol who participates in a training program for the civil air patrol, or in emergency and disaster services, shall be entitled to a leave of absence with pay for a period of not more than 15 days during a calendar year for such purposes if the leave of absence is at the request of the employee's wing commander or the wing commander's designated representative. If an employee is granted such leave, he or she shall be entitled to his or her regular salary during the time the employee is away from the employee's regular duties (Ch. 992 (S. 3881), L. 2007, enacted May 21, 2008, at TN ¶44-7200).

Workers' Compensation Law

The state's workers' compensation law has been amended with respect to the construction industry (Ch. 1041 (H. 1645), L. 2007, enacted May 28, 2008, and effective December 31, 2009, at TN ¶44-4300).

Minimum Wage Law 

As previously reported, Texas' minimum wage will increase to $6.55 per hour on July 24, 2008 (TX ¶45-1000).

Health Insurance Benefit Coverage Law

The state has enacted a law requiring insurers to cover the full cost of a mammogram, less a copayment. The law also provides that mammography services shall not be subject to deductible or coinsurance requirements (Act 160 (S. 340), L. 2007, enacted May 20, 2008, at VT ¶47-4000).

Voting Leave Law

The state has enacted a law prohibiting employers from penalizing employees who are absent from work in order to attend town meetings. An employee shall have the right to take unpaid leave from employment for the purpose of attending a town meeting, provided the employee notifies the employer prior to the meeting date (Act 124 (S. 45), L. 2007, enacted May 8, 2008, at VT ¶47-7300).

Minimum Wage Law

Virginia's minimum wage will increase to $6.55 per hour on July 24, 2008 (VA  ¶48-1000).

Parental Leave Rules—State Employees

The Washington Department of Personnel has amended its family and medical leave rules to conform with amendments made to the federal Family and Medical Leave Act. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of twenty-six work weeks of leave during a twelve-month period to care for the service member who is suffering from a serious illness or injury arising from injuries incurred in the line of duty. The leave described shall only be available during a single twelve-month period. Title 357, Chapter 357-31, Sections 357-31-525 and 357-31-545, as amended effective June 10, 2008. ¶50-22,501.14 and ¶50-22,501.18.

Minimum Wage Law 

As previously reported, effective July 1, 2008, West Virginia's minimum wage is $7.25 per hour (H. 4023, L. 2006, enacted April 4, 2006, at WV ¶50-1000).

Unemployment Insurance Law

The Wisconsin Unemployment Insurance and Reserves Act has been amended as follows. Beginning in calendar year 2009, each employer will pay unemployment insurance taxes on the first $12,000 of wages it pays each employee. The wage base increases to $13,000 in calendar year 2011, and to $14,000 in calendar year 2013.

Beginning with UI benefit years that begin April 6, 2008, claimants are required to have 35 times their weekly benefit rate in total base period wages. Former law required 30 times the weekly benefit rate (WI ¶51-1700).