Bone Marrow and Organ Donation Leave, Private Employees Law
Private employers are required to provide an unpaid leave of absence for employees to serve as organ or bone marrow donor. The law is not yet codified and reads as enacted by Act 2235 (H.B. 2779), L. 2005, effective 91 days after the adjournment of the legislature. ¶4-22,951.01

Recordkeeping/Posters Law
The state has updated its unemployment insurance and workplace safety posters (AK ¶2-9900).

Unemployment Insurance Law
For 2005, all positive-balance employers except those earning the minimum 0.02% rate and new employers receive decreases in the basic rates. Negative-balance employers are not entitled to rate decreases and pay the basic rates assigned to them. An employer whose reserve ratio is zero pays 1.81%. New employers pay 2.0%. Current rates range from 0.02% to 1.75% for positive-balance employers, and from 2.85% to 5.4% for negative-balance employers (AZ ¶3-1700).

Family, Medical and Parental Leaves Law
Arkansas has enacted a law requiring private employers to provide an unpaid leave of absence for employees to serve as organ donors or bone marrow donors (Act 2235 (H. 2779), L. 2005, at AR ¶4-7000).

Health Insurance Benefit Coverage Law
The Colorectal Cancer Act of 2005, which takes effect August 1, 2005, will require employers that offer health care policies to their employees to offer all eligible employees at the time of hiring or policy renewal a policy that includes colorectal cancer exams and lab tests within the coverage of the employee's health care policy (Act 2236 (H. 2781), L. 2005, at AR ¶4-4000).

Child Support Enforcement Law
The California State Disbursement Unit (SDU) will be the centralized clearinghouse dedicated to processing all California child support payments. The SDU will be created in October 2005, and will collect and disburse all support payments currently processed locally by counties as well as support payments processed by employers directly to recipients (Pamphlet, California State Disbursement Unit 2005, at CA ¶5-5500).

Wage Payment Law
Colorado's wage payment law has been amended to provide that employees engaged in floricultural pursuits, as well as in agricultural and horticultural pursuits and in stock and poultry raising, who are provided with board and lodging by the employer are to have regular pay periods no greater than monthly and are to be paid no later than 10 days following the close of each pay period (Ch. 100 (H. 1180), L. 2005, at CO ¶6-1200).

Family and Medical Leave Law
Connecticut has enacted a civil union law, effective October 1, 2005. Virtually all benefits, protections and responsibilities granted to spouses in a marriage will be extended to same-sex partners who enter into a civil union in the state. Family medical leave is one of the areas in which this law will impact employers. A note to this is at ¶7-22,450.01 and ¶7-22,451.01.

Minimum Wage Law
Connecticut's minimum wage will increase to $7.40 an hour effective January 1, 2006, and again to $7.65 per hour effective January 1, 2007. Currently, the minimum wage is set at $7.10 an hour (P.A. 05-32 (H. 6228), L. 2005, at CT ¶7-1000).

Unemployment Insurance Law
The current state experience factor is 45, and a supplemental assessment rate of 0.2% applies to all basic rates. Current rates, not including the supplemental assessment rate or the training tax assessment of 0.15%, range from 0.1% to 8.0%. New nonconstruction employers now pay 2.5%, and new construction employers pay rates ranging from 0.1% to 8.0%, depending upon their NAICS classification. The current maximum weekly benefit amount is $330, and the minimum weekly benefit amount is $20 (DE ¶8-1700).

Fair Employment Practices Law
As previously reported, the Human Rights Act of 1977 has been amended to extend protections of the law to domestic partners (B. 1075 (Act No. 706, Law No. 309), L. 2003, at DC ¶9-2500).

Additionally, as previously reported, the District of Columbia has enacted legislation amending the Human Rights Act of 1977 to prohibit employment discrimination based on genetic information. An employer is prohibited from requesting or requiring a genetic test of, or administering a genetic test to, an employee or applicant as a condition of employment. Obtaining, seeking to obtain or using genetic information of an employee or applicant for employment is also prohibited. Exemptions allow for use of genetic testing or information with the written and informed consent of the employee or applicant to determine the existence of a bona fide occupational qualification, investigate a workers' compensation or disability compensation claim, or determine an employee's susceptibility or exposure to potentially toxic substances in the workplace (B. 52 (Act No. 648, Law No. 263), L. 2003, at DC ¶9-2500).

Health Insurance Benefit Coverage Law
As previously reported, the District of Columbia has enacted legislation prohibiting health benefit plans and health insurers from using genetic information as a condition of eligibility or in setting premium rates. Health benefit plans and health insurers are also prohibited from requesting or requiring genetic testing (B. 52 (Act No. 648, Law No. 263), L. 2003, at DC ¶9-4000).

Minimum Wage Law
Employers must now pay tipped employees meeting eligibility requirements for the tip credit under the Fair Labor Standards Act not less than $3.13 per hour in direct wages (FL ¶10-1000).

Also, the current living wage rates for Broward County are $9.77 per hour with health benefits or $11.05 per hour without health benefits (FL ¶10-1000).

Violence in the Workplace Law
Effective October 1, 2005, a person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be (Ch. 2005-27 (S. 436), L. 2005, at FL ¶10-3300).

Access to Personnel Files Law
The state has amended its public disclosure law to provide that records which reveal the home address, home telephone number, or social security number of or insurance or medical information about public employees or teachers and employees of a public school are exempt from disclosure (H. 437, L. 2005, at GA ¶11-8500).

Smoking in the Workplace Law
The Georgia Smokefree Air Act of 2005, which will take effect on July 1, 2005, bans smoking in all enclosed public places and in all enclosed areas within places of employment, including common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities, with certain specified exceptions. Employers are required to communicate the smoking ban to all employees by July 1 and to each prospective employee upon application for employment (S. 90, L. 2005, at GA ¶11-2700).

Fair Employment Practices Act
Hawaii has enacted a law prohibiting employers from wage discrimination on the basis of gender. There are exemptions for specified authorized payment differentials. Title 21, Chapter 378, Part 1, Section not yet codified, as enacted by Act 35 (H. 1305), L. 2005, effective April 28,2005. ¶12-20,025.11 and HI ¶12-2500.

No Updates as of May 31, 2005

Military and Emergency Services Leave Law
Effective July 1, 2005, the state will prohibit a private employer from disciplining an employee who is a volunteer firefighter or a member of a volunteer emergency medical services association for being late to work when the employee is responding to a fire or an emergency call. An employer may request proof that the employee was engaged in fire or emergency activity when absent, and the employee must notify the employer of the expected absence before the scheduled start time (H. 1580, L. 2005, at IN ¶15-7200).

Civil Rights Act
If formal mediation is conducted pursuant to this section, the confidentiality of all mediation communications is protected. Title VI, Subtitle 1, Chapter 216, Section 216.15B, as amended by H.B. 323, L. 2005, effective July 1, 2005. ¶16-20,025.15B.

Health Insurance Benefit Coverage Law
Iowa will require health care coverage for biologically based mental illness treatment services, effective January 1, 2006 (H. 420, L. 2005, at IA ¶16-4000).

Holiday and Vacation Law
The state has amended its list of legal public holidays, deleting Lincoln's birthday (February 12) and Washington's birthday (third Monday in February), and adding as public holidays Martin Luther King Jr. Day (third Monday in January) and President's Day (third Monday in February). These changes take effect January 1, 2006 (Ch. 111 (S. 26), L. 2005, at KS ¶17-7400).

Minimum Wage Law
The state has enacted a law setting standards for electronic methods used for wage payment (P.L. 89 (H. 673), L. 2005, at ME ¶20-1000).

Recordkeeping/Posters Law
Employer recordkeeping requirements have been amended with respect to electronic payments (P.L. 89 (H. 673), L. 2005, at ME ¶20-9900).

Wage Payment Law
The state's wage payment law has been amended to provide that, at regular intervals not to exceed 16 days, employers must pay in full all wages earned by employees. Previous law did not include the "in full" language (P.L. 103 (H. 479), L. 2005, at ME ¶20-1200).

Health Insurance Benefit Coverage Law
Beginning October 1, 2005, group health insurers and HMOs that provide prescription drug coverage will be required to cover certain drugs and nicotine replacement therapy to assist an insured or enrollee to cease the use of tobacco products (Ch. 365 (H. 303), L. 2005, at MD ¶21-4000).

Also beginning October 1, 2005, group health insurers and HMOs will be required to provide coverage for human papillomavirus screenings (Ch. 333 (S. 779), L. 2005, at MD ¶21-4000), and health insurance coverage will not be considered discriminatory if, with respect to outpatient coverage for services provided to treat mental illnesses, emotional disorders, drug abuse, or alcohol abuse, benefits include psychological and neuropsychological testing for diagnostic purposes (Ch. 375 (H. 458), L. 2005, at MD ¶21-4000).

Military and Emergency Services Leave Law
The state has enacted a law clarifying the pay differential law for state employees who are ordered to active military service (Ch. 35 (H. 2126), L. 2005, at MN ¶24-7200).

Minimum Wage Law
Effective August 1, 2005, large employers covered by the Minnesota Fair Labor Standards Act whose annual gross volume of sales made or business done is not less than $625,000 (exclusive of excise taxes at the retail level, separately stated) will be required to pay employees a minimum wage rate of at least $6.15 an hour, a $1 increase. Small employers will be required to pay employees a minimum wage of at least $5.25 an hour beginning August 1. Also effective August 1, the wage rate employers may pay employees under the age of 20 years during the first 90 consecutive days of employment will increase to $4.90 an hour (Ch. 44 (S. 3), L. 2004, at MN ¶24-1000).

Additionally, the living wage for St. Paul for 2005 is $10.24 per hour. If a business provides employer-paid basic health insurance, the living wage is $9.31 per hour for 2005 (MN ¶24-1000).

Recordkeeping/Posters Law
The state's unemployment poster has been updated (MS ¶25-9900).

Recordkeeping/Posters Law
The state has updated its discrimination posters (MO ¶26-9900).

Discrimination Against Military Personnel Law
Public and private employers may not deny employment, reemployment, reinstatement, retention, promotion, or any benefit of employment because of the person's membership, application for membership, or potential application for membership in the state organized militia. Sections 4 and 5, as enacted by S.B. 118, L. 2005, effective April 25, 2005. ¶27-21,150.10 and ¶27-21,150.02.

Child Support Enforcement Law
The state has enacted a law allowing the Department of Public Health and Human Services to establish a medical support order independently of a child support order (H. 216, L. 2005, at MT ¶27-5500).

Smoking in the Workplace Law
The state has enacted a law prohibiting smoking in all public schools and in all places where the public is free to enter, including public buildings and workplaces. There are limited exceptions. The law takes effect October 1, 2005 (H. 643, L. 2005, at MT ¶27-2700).

Fair Employment Practices Law
Nebraska has changed the definition of employer for purposes of its sexual discrimination policy. The sexual discrimination policy now applies to "employers with fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." The policy had previously applied to employers with 25 or more employees (L.B. 10, L. 2005, at NE ¶28-2500).

Unemployment Insurance Law
The 0.5% fund reduction allowance in rates continues for qualifying employers in the second quarter of 2005. Rates for these employers range from 0.01% to 2.2%. If an employer has the new employer rate of 2.7%, its net rate, upon application of the fund reduction allowance, will be 2.2% (NH ¶30-1700).

Recordkeeping/Posters Law
The state has updated its wage and hour law abstract, payment of wages poster, health care overtime poster, and the English version of its Conscientious Employee Protection Act poster (NJ ¶31-9900).

Also, the Health Care Professional Responsibility and Reporting Enhancement Act imposes new recordkeeping requirements on health care entities (Ch. 83 (S. 1804), L. 2004, at NJ ¶31-9900).

Preemployment Inquiries Law
The Health Care Professional Responsibility and Reporting Enhancement Act increases protections to health care entities that report to other facilities disciplinary actions taken against an employee for professional misconduct, improper patient care or other actions that impact a health care professional's ability to practice medicine with reasonable skill and safety (Ch. 83 (S. 1804), L. 2004, at NJ ¶31-9000).

Fair Employment Practices Law
The time limit for filing appeals and grievances under the Human Rights Act has been extended (Ch. 311 (S. 174), L. 2005, at NM ¶32-2500).

Preemployment Inquiries Law
The Caregivers Criminal History Screening Act has been amended (Ch. 226 (H. 627), L. 2005, at NM ¶32-9000).

Additionally, there have been amendments to the law relating to the authority of the Children, Youth and Families Department to obtain nationwide criminal history records for employment purposes (Ch. 271 (S. 91), L. 2005, at NM ¶32-9000).

Recordkeeping/Posters Law
The state has updated its discrimination poster (NM ¶32-9900).

Unemployment Insurance Law
The rates in Schedule 0 are currently in effect. Also, the current maximum and minimum weekly benefits amounts are $300 and $57, respectively (NM ¶32-1700).

Smoking in the Workplace Law
The state has expanded the exemption from the law governing smoking restrictions for local health departments to include the buildings and grounds where they are located (Ch. 19 (H. 239), L. 2005, at NC ¶34-2700).

Fair Employment Practices Act
It is a discriminatory practice for a person to retaliate or discriminate against a person who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under the act. Title 14, Chapter 14-02.4, Section 14-02.4-18, as amended by H.B. 1130, L. 2005, effective Aug. 1, 2005. ¶35-20,025.18.

Bone Marrow and Organ Donation Leave, State Employees 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. The law is not yet codified and reads as enacted by S.B. 2298, L. 2005, effective Aug. 1, 2005. ¶35-22,950.01.

Smoking in the Workplace Law
The state has enacted a law prohibiting smoking in all enclosed areas of public places and places of employment (S. 2300, L. 2005, at ND ¶35-2700).

Recordkeeping/Posters Law
The state has adopted an electronic record and signature law. The law will take effect August 1, 2005 (S. 2116, L. 2005, at ND ¶35-9900).

Wage Payment Law
North Dakota will allow employers to make wage payments on stored value cards beginning August 1, 2005 (H. 1347, L. 2005, at ND ¶35-1200).

Recordkeeping/Posters Law
The state has amended its nondiscrimination poster (OH ¶36-9900).

Unemployment Insurance Law
Current contribution rates for experience-rated employers range from 0.2% to 5.8% for positive-balance employers, and from 5.9% to 8.0% for negative-balance employers. New employers in the construction industry currently pay a rate of 3.9%, and all other new employers continue to pay a rate of 2.7%. Maximum weekly benefit amounts in Ohio for the three dependency classes are $331 for an individual with no dependents, $401 for an individual with one or two dependents, and $446 for an individual with three or more dependents (OH ¶36-1700).

Unemployment Insurance Law
Schedule V is currently in effect in Oregon. Rates under this schedule range from 1.5% to 5.4%. New employers pay 3.2% (OR ¶38-1700).

Smoking in the Workplace Law
The Public Health and Workplace Safety Act, which took effect on March 1, 2005, has been amended to remove the nonsmoking workplace exemptions for Class C and D liquor license holders, effective immediately (Ch. 05-022 (S. 1001), L. 2005, at RI ¶41-2700).

Discrimination Against Smokers Rule
No public or private employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his or her employment, or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his or her employment. R23-20.10. Sections 5.0, 6.0 and 7.0, as adopted effective May 13, 2005.

Child Support Enforcement Law
The state has added provisions relating to the national medical support notice (H. 3424, L. 2005, at SC ¶42-5500).

Unemployment Insurance Law
Effective until June 30, 2005, Premium Rate Table 3 is in effect. Employers with a positive reserve ratio of 20% or more will receive a 0.40% premium rate.

Workers' Compensation Law
The state's workers' compensation law has been amended to remove the June 30, 2005, sunset provision for chiropractic inclusion on the workers' compensation panels if the injury is a back injury. Also, more than 12 visits per back injury may be authorized if approved by the employer (Ch. 107 (H. 762), L. 2005, at TN ¶44-4300).

COBRA Law
Utah has amended its conversion coverage provisions to limit an insurer's obligation to provide conversion coverage. Under the amendment, insured persons who would otherwise be eligible for conversion coverage are not eligible if they do not reside in the insurer's service area.

In addition, Utah has amended its discussion of preexisting condition limitations to provide that if an individual elects federal COBRA continuation coverage during the second election period provided under the federal Trade Act of 2002, the days between the date the individual lost group health plan coverage and the first day of the second COBRA election period are not taken into account in determining whether a significant break in coverage has occurred (H. 236, L. 2005, at UT ¶46-4200).

Minimum Wage Law
Effective for contracts executed on or after May 2, 2005, counties, cities, and towns are prohibited when contracting for the direct purchase of goods and services from giving a preference to a person who pays that person's employees a wage that exceeds the federal minimum wage. The restrictions also apply to any entity created by the city, town, or county. The law does not apply when federal law requires the consideration of whether a person pays the person's employees a specified wage to persons working on projects funded in whole or in part by federal funds (Ch. 287 (S. 139), L. 2005).

Unemployment Insurance Law
The current reserve factor is 1.4, and the social cost rate is 0.4%. Total rates for experience-rated employers range from 0.4% to 9.4%, except that delinquent employers continue to pay an additional surcharge of 1.0%. Rates for new employers are based on their industrial classification, and currently range from 1.8% to 9.4%. The maximum weekly benefit amount in Utah is now $371 (UT ¶46-1700).

Garnishment Law
The maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment may not exceed the lesser of (1) 25 percent of his or her disposable earnings for that week; or (2) the amount by which his or her disposable earnings for that week exceed 40 times (formerly, 30 times) the federal minimum hourly wage in effect at the time earnings are payable (Ch. 286 (H. 1714), L. 2004, at VA  ¶48-5600).

Human Rights Act
The terms "because of sex or gender" or "on the basis of sex or gender" or terms of similar import when used in reference to discrimination include because of or on the basis of pregnancy, childbirth or related medical conditions. Women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all purposes as persons not so affected but similar in their abilities or disabilities. Title 2.2, Subtitle II, Part B, Chapter 39, Section 2.2-3901, as amended by Ch. 839 (H.B. 2640), L. 2004, effective Oct. 1, 2005. ¶49-20,025.02.

Human Rights Council Law
An employee may bring an action in a general district or circuit court having jurisdiction over the employer who allegedly discharged the employee. Any such action shall be brought within 180 days from the date of the discharge or, if the employee has filed a complaint with the Council or a local human rights or human relations agency or commission within 180 days of the discharge, such action shall be brought within 90 days from the date that the Council or a local human rights or human relations agency or commission has rendered a final disposition on the complaint Title 2.2, Subtitle I, Part D, Chapter 26, Article 12, Section 2.2-2639, as amended by Ch. 756 (S.B. 1079), Ch. 857 (H.B. 2907), Ch. 770 (S.B. 1258) L. 2004, effective July 1, 2005. ¶49-20,026.08.

Veterans’ Preference in State Employment Law
Additional consideration shall also be given to veterans who have a service-connected disability rating fixed by the United States Veterans Administration when applying for employment with the commonwealth. Title 2.2, Subtitle I, Part E, Chapter 29, Section 2.2-2903. ¶49-21,750.01.

Criminal Background Checks Law
Technical amendments have been made relating to national criminal background checks by businesses and organizations regarding employees or volunteers providing care to children, the elderly and disabled. Title 19.2, Chapter 23, Section 19.2-392.02, as amended by Ch. 217 (S.B. 895), L. 2004, effective July 1, 2005. ¶49-23,601.02.

Parental Leave Rules-State Employees
The Department of Personnel has adopted the following rules addressing parental leave and the Family and Medical Leave Act. Title 357, Chapter 357-31, Sections 357-31-460 through 357-31-560, as adopted effective July 1, 2005.

Criminal Background Check Rules
The background check fee charged to school district employees, certifications, and contractual employees has been increased an additional five dollars. Title 446, Chapter 446-20, Sections 446-20-610, as amended effective April 23, 2005. ¶50-23,650.76.

Preemployment Inquiries Law
Washington has enacted a law providing that an employer who discloses information about a former or current employee to a prospective employer or employment agency at the specific request of that employer or employment agency is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure if the disclosed information relates to (1) the employee's ability to perform his or her job; (2) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee when related to the duties of his or her job (Ch. 103 (H. 1625), L. 2005, at WA ¶49-9000).

Polygraph Testing Law
Effective July 24, 2005, juvenile court services employment applicants may be subject to lie detector tests (Ch. 265 (S. 5501), L. 2005, at WA ¶49-8800).

Bone Marrow and Organ Donation Leave, State Employees Law
State employees are entitled to thirty days of paid leave time for kidney or liver donation and seven days of paid leave time for bone marrow donation. Chapter 29, Article 6, Section 29-6-28, as enacted by by S.B. 240, L. 2005, effective July 1, 2005. ¶51-22,950.01.

Health Insurance Benefit Coverage Law
The Prescription Fairness Act of 2005 requires group health insurers and HMOs that provide a prescription drug benefit to cover prescription contraceptive drugs and devices. There are exceptions for religious employers (H. 3138, L. 2005, at WV ¶50-4000).

Minimum Wage Law
Wisconsin Governor Jim Doyle directed the Department of Workforce Development to prepare an emergency rule and permanent rule to raise the state minimum wage to $5.70 an hour effective June 1, 2005, and to $6.50 an hour on June 1, 2006 (Wisconsin Office of the Governor Media Room, May 11, 2005, at WI ¶51-1000).

No Updates as of May 31, 2005