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.

March 31, 2005 Update
AlabamaTop of Page
No Updates as of March 31, 2005
AlaskaTop of Page
No Updates as of March 31, 2005
ArizonaTop of Page
No Updates as of March 31, 2005
ArkansasTop of Page

Child Labor Law
The state has enacted a new law which provides an exemption from the state's child labor law to allow minors 11 years of age and older to be employed as sports officials, referees or umpires in organized youth football, baseball, softball, basketball, or soccer leagues. An adult representing the state or local athletic program must be on the premises, and a person responsible for the program must possess written acknowledgment signed by the minor's parent or guardian consenting to the minor's employment (Act 940 (H. 1839), L. 2005, at AR ¶4-1500).

Family, Medical, and Parental Leaves Law
The state has enacted a law to provide leave for state employees who participate in the Healthy Employee Lifestyles Program (Act 724 (H. 1279), L. 2005, at AR ¶4-7000).

Health Insurance Benefit Coverage Law
Health benefit plans that are issued, renewed, extended or modified on and after January 1, 2006, shall provide coverage for payment of anesthesia and hospital or ambulatory surgical facility charges for services performed in connection with dental procedures in a hospital or ambulatory surgical facility, if the provider treating the patient certifies that, because of the patient's age or condition or problem, hospitalization or general anesthesia is required in order to safely and effectively perform the procedures (Act 439 (H. 1452), L. 2005, at AR ¶4-4000).

Military and Emergency Services Leave Law
State employees who have incurred a military service-connected disability will be entitled to up to six days' paid leave during a calendar year to be reexamined or treated for the disability (Act 653 (H. 1254), L. 2005, at AR ¶4-7200).
CaliforniaTop of Page
No Updates as of March 31, 2005
ColoradoTop of Page
Recordkeeping/Posters Law
The state's minimum wage poster has been updated (CO ¶6-9900).
ConnecticutTop of Page
No Updates as of March 31, 2005
DelawareTop of Page
No Updates as of March 31, 2005
D.C.Top of Page
No Updates as of March 31, 2005
FloridaTop of Page
Minimum Wage Law
As previously reported, Florida voters approved a minimum wage for the state on November 2, 2004. Effective May 2, 2005, the state's minimum wage will be $6.15 per hour (FL ¶10-1000).
GeorgiaTop of Page
Unemployment Insurance Law
For 2005, the statewide reserve ratio is 0.76, and the administrative assessment is 0.08%. Rates for positive-balance employers range from 0.03% to 2.61%, and rates for negative-balance employers range from 2.66% to 6.48%. New employers pay 2.62% in 2005 (GA ¶11-1700).
HawaiiTop of Page
Family Leave Rules 
Governor Linda Lingle has approved the Department of Labor and Industrial Relation’s (DLIR) Administrative Rules for the "Administration and Enforcement of the Family Leave Law" that became effective on February 3, 2005. The Hawaii Family Leave Law, Chapter 398, Hawaii Revised Statutes, provides employees who work for establishments with 100 employees or more, up to four weeks annually of protected family leave to care for a child, spouse, parent, or reciprocal beneficiary with a serious health condition or upon the birth or adoption of an employee’s child. Title 12, Chapter 27, Subchapters 1 through 3, Sections 12-27-1 through 12-27-46, as adopted effective Feb. 3, 2005. ¶12-22,500.01 through ¶12-22,500.46.
IdahoTop of Page
Unemployment Insurance Law
Contribution rates in Idaho for 2005 will range from 0.429% to 1.429% for positive-ratio employers, and from 2.571% to 5.4% for deficit employers. The standard rate is 1.5% for 2005. The taxable wage base in Idaho for 2005 will be $28,000, up from $27,600 in 2004. Effective July 3, 2005, the maximum weekly benefit amount in Idaho will decrease to $312 (ID ¶13-1700).
IllinoisTop of Page

Human Rights Act 
A State agency, unit of local government or school district, or private organization may request or utilize sealed felony conviction information obtained from the Department of State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee. Chapter 775, Act 5, Article 2, Section 5/2-103, as amended by P.A. 1084 (S.B. 3007), L. 2005, effective June 1, 2005. ¶14-20,026.03.

Recordkeeping/Posters Law
The state has updated its workers' compensation posters (English and Spanish) (IL ¶14-9900).
IndianaTop of Page
Unemployment Insurance Law
Contribution rate information has been updated.
IowaTop of Page
No Updates as of March 31, 2005
KansasTop of Page
No Updates as of March 31, 2005
KentuckyTop of Page
No Updates as of March 31, 2005
LouisianaTop of Page
No Updates as of March 31, 2005
MaineTop of Page
No Updates as of March 31, 2005
MarylandTop of Page
No Updates as of March 31, 2005
MassachusettsTop of Page
No Updates as of March 31, 2005
MichiganTop of Page
Recordkeeping/Posters Law
The English versions of the state's job safety and discrimination posters have been updated (MI ¶23-9900).
MinnesotaTop of Page
No Updates as of March 31, 2005
MississippiTop of Page
Child Support Enforcement Law
The state has amended its child support enforcement law to extend the repealer on withholding to defray administrative costs incurred by the Department of Human Services for child support. The repeal date is now July 1, 2009 (S. 2874, L. 2005, at MS ¶25-5500).
MissouriTop of Page
No Updates as of March 31, 2005
MontanaTop of Page
Unemployment Insurance Law
Schedule I remains in effect for 2005. Rates under this schedule range from 0.13% to 1.8% for positive-ratio employers, and from 3.3% to 6.5% for negative-ratio employers. There is also a 0.13% Administrative Fund Tax in effect for 2005. For 2005, new employers, who are rated by industry classification, pay the following rates, which include the 0.13% administrative fund tax: agriculture, forestry, hunting, and fishing employers, 2.53%; mining employers, 2.03%; construction employers, 3.13%; manufacturing employers, 1.43%; utilities, transportation, and warehousing employers, 1.43%; wholesale trade employers, 1.13%; retail trade employers, 1.13%; finance, insurance, and real estate employers, 1.13%; services employers, 1.33%; and unclassified employers, 3.13% (MT ¶27-1700).
NebraskaTop of Page
Unemployment Insurance Law
Contribution rates in Nebraska for 2005 will range from 0.4% to 3.5% for positive-balance employers, and from 4.5% to 5.4% for negative-balance employers. New employers will continue to pay 3.5% in 2005. The maximum weekly benefit amount in Nebraska for 2005 is $288 (NE ¶28-1700).
NevadaTop of Page
No Updates as of March 31, 2005
New HampshireTop of Page
No Updates as of March 31, 2005
New JerseyTop of Page

Recordkeeping/Posters Law
The state has updated its Conscientious Employee Protection Act posters (English and Spanish versions) (NJ ¶31-9900).

Equal Employment Opportunity and Affirmative Action in State Employment Rule
State agencies are required to provide equal employment opportunity for all persons regardless of domestic partnership status. Title 4A, Chapter 7, Sections 4A:7-1.1 and 4A:7-3.1, as amended effective Feb. 22, 2005. ¶31-23,401.01 and ¶31-23,401.21.
New MexicoTop of Page
No Updates as of March 31, 2005
New YorkTop of Page
Unemployment Insurance Law
For 2005, the rate schedule column labeled "less than 0%" remains in effect. As such, basic rates for positive-balance employers range from 0.9% to 4.1%, and basic rates for negative-balance employers range from 5.2% to 8.9%. The subsidiary tax rate for all employers except new employers is either 0.925%, 0.625% or 0.525% ("less than 0%"). The subsidiary tax rate for new employers is 0.625% for 2005. All employers pay the reemployment tax of 0.075% in 2005. New employers pay a basic rate of 3.4%, not including the subsidiary tax rate of 0.625% or the reemployment tax of 0.075% (total is 4.1%) (NY ¶33-1700).
North CarolinaTop of Page
No Updates as of March 31, 2005
North DakotaTop of Page
No Updates as of March 31, 2005
OhioTop of Page

Child Support Enforcement Law
The state has amended its child support enforcement law to increase the penalties against and permit electronic transfers from the bank account of an employer who willfully fails to withhold the amount required under a child support order (Session Law No. 167 (H. 493), L. 2003, at OH ¶36-5500).

Jury Duty and Court Attendance Leave Law
On February 15, 2005, the governor signed a law amending the state's jury duty provisions to protect employees and small employers when employees are summoned for jury service (Session Law No. 160 (S. 71), L. 2003, at OH ¶36-7100).

Preemployment Inquiries Law
The state has enacted a law prohibiting a person who is convicted of certain felony theft offenses, or any other felony involving fraud, deceit, or theft, from holding a public office or position of public employment or from serving in certain unpaid volunteer positions that involve substantial management or control of certain public or private property (H. 181, L. 2003, at OH ¶36-9000).

Recordkeeping/Posters Law
The state's unemployment insurance poster has been updated (OH ¶36-9900).
OklahomaTop of Page
No Updates as of March 31, 2005
OregonTop of Page
No Updates as of March 31, 2005
PennsylvaniaTop of Page
No Updates as of March 31, 2005
Puerto RicoTop of Page
No Updates as of March 31, 2005
Rhode IslandTop of Page

Equal Employment Opportunity and Sexual Harassment in Public Employment 
All State agencies to comply with Federal and State laws pertaining to the promotion of equal opportunity for all qualified individuals and the prevention of sexual harassment. In addition, agencies are to develop, promote, monitor, implement, and maintain equal employment opportunity policies and practices that establish guidelines to prevent discrimination and sexual harassment of any employees or applicants for state employment. Executive order 05-01, as signed on Jan. 17, 2005, effective immediately. ¶41-23,401.01.

Disability Law
Effective immediately, state agencies are to develop, promote, monitor, implement, and maintain equal employment opportunity policies and practices that establish guidelines to prevent discrimination on the basis of disability for any applicants for state employment or current employees. The Governor's Commission on Disabilities shall be responsible for assuring compliance with state and federal laws and all applicable provisions of this Executive Order. (Executive Order 05 -01, January 17, 2005, at RI ¶41-2600).

Fair Employment Practices Law
Rhode Island Governor Donald L. Carcieri has signed an Executive Order requiring all state agencies to comply with federal and state laws pertaining to the promotion of equal opportunity for all qualified individuals and the prevention of sexual harassment. In addition, agencies are to develop, promote, monitor, implement, and maintain equal employment opportunity policies and practices that establish guidelines to prevent discrimination and sexual harassment of any employees or applicants for state employment (Executive Order 05-01, January 17, 2005, at RI ¶41-2500).
South CarolinaTop of Page
No Updates as of March 31, 2005
South DakotaTop of Page
Drug Testing Law
The state has enacted a law to provide for a drug screening program for certain facilities providing patient or resident care or supervision (H. 1095, L. 2005, at SD ¶43-8600).
TennesseeTop of Page
Recordkeeping/Posters Law
The state's discrimination poster and the Spanish version of the unemployment insurance poster have been updated.
TexasTop of Page
Procedural Rules of the Texas Workforce Commission, Civil Rights Division 
House Bill 2933, 78th Legislature, 2003, abolished the Texas Commission on Human Rights and assigned its functions and rules to the Texas Workforce Commission. In order to comply with that bill, the Texas Register is transferring Texas Administrative Code, Title 40, Part 11, Chapters 321, 323, 325, 327, 329, 331, and 333 - 348 to Title 40, Part 20, Chapter 819, Subchapters A - V. The rule transfer took effect March 1, 2004. ¶45-20,125A.01 through ¶45-20,125M.01.
UtahTop of Page
Violence in the Workplace Law
The state's law regarding telephone harassment has been amended to include other forms of electronic communication harassment (H. 221, L. 2005, at UT ¶46-3300).
VermontTop of Page
No Updates as of March 31, 2005
VirginiaTop of Page
Recordkeeping/Posters Law
The English version of the state's unemployment insurance poster has been updated (VA ¶48-9900).
WashingtonTop of Page
No Updates as of March 31, 2005
West VirginiaTop of Page
No Updates as of March 31, 2005
WisconsinTop of Page

Minimum Wage Law
Until December 31, 2005, the Dane County living wage is $9.07 per hour. The city of Milwaukee has increased its minimum wage, effective October 1, 2005 (WI ¶51-1000).

Recordkeeping/Posters Law
The Dane County living wage poster has been updated (WI ¶51-9900).

Smoking in the Workplace Law
Governor Jim Doyle has signed an Executive Order relating to smoke-free state office buildings (Executive Order #89, February 4, 2005, at WI ¶51-2700).
WyomingTop of Page

Fair Employment Practices Act 
The deadline for filing a complaint alleging an unfair employment practice under the Wyoming Fair Employment Practices Act will change. Complainants will have six months rather than the current 90 days in which to file a complaint. Title 27, Chapter 9, Section 27-9-106, as amended by Act 40 (S.B. 68), L. 2005, effective July 1, 2005. ¶53-20,025.06.

Criminal Background Checks Law 
The Wyoming Criminal History Record Act has been amended to authorize dissemination of criminal history record information on prospective employees to fire departments, ambulance services providers and local and regional emergency response teams as specified. Title 7, Chapter 19, Article 1, Section 7-19-106, as amended by Act 86 (S.B. 132), L. 2005, effective July 1, 2005. ¶53-23,601.06.

Criminal Background Checks Law 
Fire departments, ambulance service providers and local and regional emergency response teams are authorized to require applicants to submit fingerprints for criminal history record purposes. Title 7, Chapter 19, Article 2, Section 7-19-201, as amended by Act 86 (S.B. 132), L. 2005, effective July 1, 2005. ¶53-23,601.21.

Child Support Enforcement Law
Wyoming's Uniform Interstate Family Support Act has been amended to conform with changes proposed by the National Conference of Commissioners on Uniform State Laws. The changes will take effect July 1, 2005 (Act 65 (H. 122), L. 2005, at WY ¶52-5500).

Fair Employment Practices Law
Effective July 1, 2005, the deadline for filing a complaint alleging an unfair employment practice under the Wyoming Fair Employment Practices Act will change. Complainants will have six months rather than the current 90 days in which to file a complaint (Act 40 (S. 68), L. 2005, at WY ¶52-2500).

Military and Emergency Services Leave Law
Wyoming has enacted legislation to extend a veteran's reemployment rights from four to five years of service. Any person absent from employment because of service in the uniformed services will be entitled to reemployment rights and benefits and other employment benefits within 10 days of application for reemployment if the employee's cumulative absences because of military leave do not exceed five years, and if the person's discharge from service was an honorable discharge or a discharge under honorable conditions. This law takes effect July 1, 2005 (Ch. 3 (H. 9), L. 2005, at WY ¶52-7200).

Preemployment Inquiries Law
The state has adopted the National Crime Prevention and Privacy Compact, effective
July 1, 2005 (Act 4 (S. 30), L. 2005, at WY ¶52-9000).

Also, the Wyoming Criminal History Record Act has been amended to authorize dissemination of criminal history record information on prospective employees to fire departments, ambulance services providers and local and regional emergency response teams as specified. The law also authorizes fire departments, ambulance service providers and local and regional emergency response teams to require applicants to submit fingerprints for criminal history record purposes. These changes take effect July 1, 2005 (Act 86 (S. 132), L. 2005, at WY ¶52-9000).

Recordkeeping/Posters Law
Effective July 1, 2005, all owners, operators and mine site contractors will be required to post in a conspicuous place and make available to all employees the rules and duties of safety governing their employment. Current law does not specifically impose this requirement on mine site contractors. Other statutory provisions relating to mines have also been amended (Act 46 (H. 177), L. 2005, at WY ¶52-9900).

Workers' Compensation Law
The Wyoming Department of Employment has issued a letter to risk/safety managers and proprietors doing business in Wyoming regarding the state's Safety Discount Program. The letter, which is posted on the department website, states that it is necessary to implement and enforce policies regarding a drug-free workplace to maintain enrollment in the state's Safety Discount Program. The deadline to adopt the new policies is April 1, 2005. Under the state's workers' compensation law, Wyoming employers may receive a discount on their workers' comp rates by establishing a safety program that meets specific criteria, one of which is a drug-free workplace policy. To help employers comply with the drug-free workplace policy, the Department of Employment has mailed out an addendum that may be adopted as part of an employer's health and safety program. After adopting the addendum, employers will need to verify their compliance of providing the drug-free workplace requirements by completing, signing and returning the addendum to the Employment Tax Division (WY ¶52-4300).

Additionally, provisions of the law relating to employers that acquire the trade of another employer have been amended, effective July 1, 2005 (Act 77 (S. 82), L. 2005, at WY ¶52-4300).

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