State Law Changes

May 31, 2006 Update

Recordkeeping/Posters Law

The state has enacted a law prohibiting a state department, licensing or regulatory board, or agency from placing or otherwise revealing the Social Security number of a person, including an employee thereof, on any document that is available to public inspection, including state personnel evaluation forms, without the express consent of the person (H. 95, L. 2006, at AL ¶1-9900).

Unemployment Insurance Law

The Alabama Unemployment Compensation Law has been amended with respect to SUTA dumping (AL ¶1-1700).

Violence in the Workplace Law

The state has enacted a "deadly force" law that would allow a person to use deadly physical force against an intruder in any place where the person has the right to be, such as a place of business or workplace. There is no duty for the person to retreat from the intruder (S. 283, L. 2006, at AL ¶1-3300).

Voting Leave Law

Alabama has enacted time off to vote legislation, providing that each employee in the state shall, upon reasonable notice to his or her employer, be permitted to take time off from work, up to one hour, in order to vote in any municipal, county, state, or federal political party primary or election for which the employee is qualified and registered to vote. Time off to vote does not apply if the hours of work of the employee commence at least two hours after the opening of the polls or end at least one hour prior to the closing of the polls. The employer may specify the hours during which the employee may absent himself or herself (H. 141, L. 2006, at AL ¶1-7300).

Meal and Rest Periods Law

The state has enacted a law providing that a mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present (H. 351, L. 2006).

Alabama Breastfeeding Rights in Employment Law

Topic added. A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present. Although the statute doesn’t specifically mention employment, it can be construed to include places of employment. The law is to be codified in the Alabama code, and reads as enacted by H.B. 351, L. 2006, Section 1, effective July 1, 2006. ¶1-22,650.01.

Alaska Discrimination in State Employment Law

The term “handicap” has been changed to “disability”. Title 39, Chapter 25, Section 39.25.160, as amended by Ch. 25 (H.B. 357), L. 2005, effective May 9, 2006. ¶2-20,032.01.

Health Insurance Benefit Coverage Law

The state has enacted a law that will require insurers to cover amino-acid-based formula ordered by a physician for persons diagnosed with an eosinophilic gastrointestinal disorder (H. 2364, L. 2006, at AZ ¶3-4000).

Preemployment Inquiries Law

The state has added background check requirements for persons providing contract or volunteer services in the Judicial Department (S. 1047, L. 2006, at AZ ¶3-9000).

Meal and Rest Periods Law

The state has enacted a law providing that a mother is entitled to breastfeed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present (H. 2376, L. 2006).

Preemployment Inquiries Law

The state has amended its requirements for restrictions on the employment of persons with certain criminal convictions in the bail bond business (S. 1188, L. 2006).

Arizona Breastfeeding Rights in Employment Law

Topic added. A mother is entitled to breastfeed in any area of public place of public accommodation where the mother is otherwise lawfully present. Although the statute doesn’t specifically mention employment, it can be construed to include places of employment. Title 41, Chapter 9, Article 3, Section 1443, as enacted by H.B. 2376, L. 2006, effective 91 days after the adjournment of the legislature. ¶3-22,650.01.

Minimum Wage Law

Arkansas Governor Mike Huckabee signed Senate Bill 11 on April 10, 2006, increasing the state minimum wage rate from $5.15 an hour to $6.25 an hour effective October 1, 2006. This rate will apply to employers who have four or more employees employed in a workweek, including the state and its subdivisions (Act 15 (S. 11), L. 2005, at AR ¶4-1000).

Overtime Pay Law

Effective October 1, 2006, Arkansas will allow compensatory time off at the rate of one and one-half hours for each hour of employment for which overtime compensation is required for overtime hours worked by employees of the state and its subdivisions, provided there is a collective bargaining agreement, memorandum of understanding, or other agreement between the employee and the public agency. Other provisions of the state's overtime pay law have also been amended (Act 15 (S. 11), L. 2005, at AR ¶4-1100).

Recordkeeping/Posters Law

The state has amended its law relating to confidentiality of social security numbers (H. 1156, L. 2006, at CO ¶6-9900).

Whistleblower Protection Law

Deadlines for state personnel to file employment complaints have been amended (H. 1061, L. 2006).

Minimum Wage Law

The Town of Manchester has enacted a living wage ordinance, and New Haven's living wage rate will increase to $11.50 per hour effective July 1, 2006 (CT ¶7-1000).

Unemployment Insurance Law

Effective April 21, 2006, religious schools that do not participate in the state's unemployment compensation system must notify employees and prospective employees that they are not subject to the law (P.A. 06-3 (S. 19), L. 2006, at CT ¶7-1700).

Health Insurance Benefit Coverage Law

The state has enacted a law prohibiting group insurers from denying coverage for health care services rendered to treat any injury sustained by a person when such person has an elevated blood alcohol content (P.A. 06-39 (S. 425), L. 2006).

Also, the state has amended its law relating to mammography coverage, effective October 1, 2006 (P.A. 06-38 (S. 422), L. 2006).

Minimum Wage Law

The City of Miami enacted a living wage ordinance on April 6, 2006. The ordinance will take effect October 1, 2006 (FL ¶10-1000).

Fair Employment Practices Law

Georgia Governor Sonny Perdue has signed an immigration bill that will impose requirements on Georgia employers. The Georgia Security and Immigration Compliance Act will take effect beginning in 2007 (S. 529, L. 2006, at GA ¶11-2500).

Garnishment Law

The state has enacted a law exempting Roth IRAs from garnishment (H. 149, L. 2005, at GA ¶11-5600).

Preemployment Inquiries Law

The state has adopted the National Crime Prevention and Privacy Compact (S. 695, L. 2005).

Genetic Testing Law

Effective July 1, 2006, public and private employers who employ five or more persons shall not, in connection with a hiring, promotion, retention or other related decision, access or otherwise take into consideration private genetic information about an individual. Also, employers are prohibited from requiring or requesting an individual to take a genetic test (S. 1423, L. 2006, at ID ¶13-8700).

Health Insurance Benefit Coverage Law

Effective July 1, 2006, no person shall discriminate on the basis of a genetic test or private genetic information in the issuance of coverage, or the fixing of rates, terms or conditions, for any policy or contract of disability insurance or any health benefit plan (S. 1423, L. 2006, at ID ¶13-4000).

Preemployment Inquiries Law

The state's background checks law has been amended with respect to providers of care or services to vulnerable adults and children (S. 1327, L. 2006, at ID ¶13-9000).

Illinois Victims’ Economic Security and Safety Rules 

The Illinois Department of Labor has adopted rules prescribing the Victims' Economic Security and Safety Act complaint process, subpoena and investigative powers and the Department's ability to issue protective and other orders where necessary. Title 56, Part 280, Sections 280.300, 280.310, 280.320 and 280.400, as amended effective March 23, 2006. ¶14-21,000.11 through ¶14-21,000.14.

Smoking in the Workplace Law

The Illinois Clean Indoor Air Act has been amended to prohibit smoking in student dormitories (S. 2465, L. 2005).

Military and Emergency Services Leave Law

The state's Emergency Management and Disaster Law has been amended, effective July 1, 2006. This law provides, among other things, that emergency workers serving on mobile support units are immune from discipline or termination by their employers for serving in the units (H. 1238, L. 2006, at IN ¶15-7200).

Child Labor Law

Indiana has amended its child labor law regarding work permits to require that employment certificates state the maximum hours that the child can be employed. The law will also allow for a child to hold more than one employment certificate. The issuing officer will be required to keep a record of each employment certificate issued and a record of the maximum hours that the child may work each week for all employers (H. 1267, L. 2006).

Health Insurance Benefit Coverage Law

The state has amended its health insurance coverage laws with respect to morbid obesity (S. 266, L. 2006).

Preemployment Inquiries Law

The law has been amended with respect to the criminal and abuse registry checks required of a person employed by a licensed health care facility (H. 2588, L. 2005, at IA ¶16-9000).

Wage Payment Law

The state has amended its wage payment law with respect to direct deposit (H. 2508, L. 2005, at IA ¶16-1200).

Drug Testing Law

The state has enacted a drug testing law for miners (H. 572, L. 2006, at KY ¶18-8600).

Meal and Rest Periods Law

The state has enacted a law allowing a mother to breastfeed her baby or express breast milk in any location where the mother is otherwise authorized to be (S. 106, L. 2006, at KY ¶18-1400).

Smoking in the Workplace Law

The state has amended its public workplace smoking law (H. 55, L. 2006, at KY ¶18-2700).

Violence in the Workplace Law

Kentucky has enacted a law providing that a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force (S. 38, L. 2006, at KY ¶18-3300).

The state has also amended its concealed weapons law. A new statutory section provides that an employer may not prohibit a person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property. The new section also provides employment protections for employees lawfully exercising a right guaranteed by the section (H. 290, L. 2006, at KY ¶18-3300).

Kentucky Breastfeeding Rights in Employment Law

Topic added. A mother may breastfeed her baby or express breastmilk in any location, public or private, where the mother is otherwise authorized to be. Although the statute doesn't specifically mention employers, it can be construed to include places of employment. Chapter 211, Section 1, as enacted by S.B. 106, L. 2006, effective July 11, 2006. ¶18-22,650.01.

Kentucky Affirmative Action in State Government E.O. 2006-402

Topic added. Private industry and business are encouraged to join with the state government to eradicate all forms of employment discrimination and to institute result-oriented affirmative action plans on the basis of race, color, national origin, sex, age, religion, veteran status and disability. Executive order 2006-402, reads as signed by Governor Ernie Fletcher on April 11, 2006, effective immediately. ¶18-23,401.01. 

Unemployment Insurance Law

Taxable wage base information has been updated.

Military and Emergency Services Leave Law

Maine has enacted a family military leave law. "Family military leave" is defined as leave requested by an employee who is the spouse, domestic partner or parent of a person who is a resident of the state and is deployed for military service for a period lasting longer than 180 days with the state or United States pursuant to the orders of the Governor or the President of the United States (S. 664, L. 2005, at ME ¶20-7200).

Additionally, the state has amended its laws with respect to employment rights of members of the National Guard or the Reserves of the United States Armed Forces. Such persons will be allowed a specified, expanded period of time between returning home from military service and reporting back to work. Employers must also allow for safe transportation from a person's residence to the place of service (H. 1339, L. 2005, at ME ¶20-7200).

Minimum Wage Law

Maine Governor John E. Baldacci signed legislation on April 13, 2006, that will raise the minimum wage to $7.00 an hour over the next two years. The law provides for an increase in the state minimum wage to $6.75 an hour effective October 1, 2006. The minimum wage rate in Maine will increase again to $7.00 an hour on October 1, 2007 (H. 174, L. 2005, at ME ¶20-1000).

Maine White Cane Law

Topic added. It is the policy of this State that the blind, the visually handicapped and the otherwise physically disabled shall be employed in the state service. Title 17, Chapter 47, Subchapter II, Sections 1311 and 1316. ¶20-20,750.01  and ¶20-20,750.02.

Maine Individuals with Disabilities in State Employment Law

Topic added. In order to provide equal opportunity in all aspects of State Government to qualified individuals with disabilities, each department, agency and instrumentality of the State shall review the adequacy of hiring, placement and advancement practices within that department, agency or instrumentality of the State with respect to individuals with disabilities. Title 5, Chapter 611, Part 29, Section 23001, as enacted by Ch. 570 (H.B. 1351), L. 2005, effective 91 days after the adjournment of the legislature. ¶20-20,751.01.

Preemployment Inquiries Law

The state has enacted a law to facilitate the hiring of health care personnel during emergency circumstances (P.L. 630 (S. 783), L. 2005).

Unemployment Insurance Law

Contribution rate information has been updated.

Military and Emergency Services Leave Law

Effective October 1, 2006, employment protections will be extended to members of the Maryland Defense Force (Ch. 88 (H. 292), L. 2006, at MD ¶21-7200).

Health Insurance Benefit Coverage Law

The termination date for mandated insurance coverage for certain home visits following a mastectomy or surgical removal of a testicle has been repealed (Ch. 259 (S. 491), L. 2006).

Military and Emergency Services Leave Law

The termination date for the use of military administrative leave or certain paid leave for certain state employees who are on active military duty on a certain date or are activated for military duty on or after a certain date has been repealed (Ch. 227 (S. 34), L. 2006).

Preemployment Inquiries Law

Effective July 1, 2006, certain nonpublic schools will be prohibited from hiring or retaining certain employees convicted of certain crimes (Ch. 235 (S. 111), L. 2006).

Wage Payment Law

Effective January 1, 2007, employers, including governmental units, may not print or cause to be printed an employee's social security number on the employee's wage payment check, an attachment to an employee's wage payment check, a notice of direct deposit of an employee's wages, or a notice of credit of an employee's wage to a debit card or card account (Ch. 458 (H. 388), L. 2006).

Health Insurance Benefit Coverage Law

Effective January 1, 2007, all Massachusetts employers with more than 10 employees will be required to offer pre-tax, cafeteria-style plans to employees. This landmark law was signed by Governor Mitt Romney on April 12, 2006 (Ch. 58 (H. 4479), L. 2005, at MA ¶22-4000).

Minimum Wage Law

The current living wage rate for Brookline is $11.1478 per hour.

Meal and Rest Periods Law

Mississippi has enacted a law protecting the rights of nursing mothers. The law includes employer-specific requirements, including provisions as to breaks for nursing or expressing breast milk (S. 2419, L. 2006, at MS ¶25-1400).

Unemployment Insurance Law

For 2006, the general experience rate is 0.9%, the size-of-fund index is 1.61, the new employer rate is 2.7%, and total rates range from 0.9% to 5.4% (MS ¶25-1700).

Violence in the Workplace Law

The state has enacted a "deadly force" law, effective July 1, 2006. The law contains specific provisions for businesses and places of employment (S. 2426, L. 2006, at MS ¶25-3300).

Child Support Enforcement Law

The state has enacted a law deleting the automatic repealer on the statute authorizing an administrative fee on withholding orders for child support enforcement (S. 2160, L. 2006).

Violence in the Workplace Law

Effective July 14, 2006, harassment of family or household members of a person will be included within the definition of stalking (L.B. 1113, L. 2005, at NE ¶28-3300).

Nebraska Disability Discrimination in Public Employment Law

Topic added. Nebraska's state policy is to encourage and enable blind, visually handicapped, hearing-impaired, or physically disabled persons to participate fully in the social and economic life of the state and to engage in remunerative employment. Chapter 20, Article 1, Sections 20-126 and 55-131. ¶28-20,750.01 and ¶28-20,750.02.

Preemployment Inquiries Law

The state has amended its background check law with respect to agencies providing personal care services in the home (A. 337, L. 2005).

New Hampshire Rules of Practice and Procedure Before Commission on Human Rights

The New Hampshire Human Rights Commission has amended the rules for practice and procedure before the commission. Chapters Hum 100 through 400, as amended effective March 18, 2006. ¶30-20,125.01 through ¶30-20,127.06.

Recordkeeping/Posters Law

The New Jersey Administrative Code has been amended with respect to poster requirements. The rules now specify that the state's discrimination posters must be printed on paper no smaller than letter size (NJ ¶31-9900).

New Jersey Rules of Practice and Procedure

Any employment poster printed from the Division on Civil Rights website shall be printed on no smaller than letter size paper (81/2 by 11 inches) and contain text that is fully legible and large enough to be easily read. Title 13, Chapter 8, Subchapter 1, Sections 13:8-1.2 13:8-1.5, as amended effective April 17, 2006. ¶31-20,128.02 and ¶31-20,128.05.

New Jersey Sex and Marital Status Discrimination in State Employment

Topic added. There must be no discrimination based on sex or marital status in compensation, appointment, assignment, promotion, transfer, dismissal or other matters pertaining to such office or employment. Title 10, Chapter 1, Section 10:1-1. ¶31-20,350.01.

New Jersey Posting of Notices Rule

Topic added. All employers covered by the Family Leave Act (N.J.S.A. 34:11B-1 et seq.), whether or not they have any eligible employees under the act, shall display the official Family Leave Act poster of the Division on Civil Rights in places easily visible to all employees. Title 13, Chapter 8, Subchapter 2, Sections 13:8-2.1 through 13:8-2.3, as adopted effective April 17, 2006. ¶31-23,950.01 through ¶31-23,950.03. 

Recordkeeping/Posters Law

The state's child labor law abstract and schedule of hours for minors posters have been updated.

Minimum Wage Law

The City of Albuquerque has enacted a living wage ordinance, effective January 1, 2007 (Council Bill No. O-06-20).

Minimum Wage Law

The living wage rates for Syracuse have been updated (NY ¶33-1000).

Recordkeeping/Posters Law

The English version of the state's workplace laws poster has been updated (NC ¶34-9900).

Meal and Rest Periods Law

The state has enacted a law protecting the rights of nursing mothers. The law, which will take effect November 1, 2006, contains employer-specific provisions (H. 2358, L. 2005, at OK ¶37-1400).

Unemployment Insurance Law

The state experience factor is 42% for 2006, and the fund is in condition B. As a result, rates range from a minimum of 0.2% to a maximum of 7.3% of the first $13,500 paid to an employee. There are no adjustments or surcharges in effect this year. New employers pay 1.8% in 2006.

The maximum weekly benefit amount in Oklahoma for 2006 is $317. The minimum amount is $16 (OK ¶37-1700).

Oklahoma Breastfeeding Rights in Employment Law

Topic added. Public and private employers may provide reasonable unpaid break time each day to an employee who needs to breast-feed or express breast milk for her child to maintain milk supply and comfort. Title 40, Section 435, as enacted by H.B. 2358, L. 2005, effective Nov. 1, 2006. ¶37-22,650.01.

Military and Emergency Services Leave Law

The state has extended military leave to more public officers and employees, effective October 1, 2006 (S. 1361, L. 2005).

Meal and Rest Periods Law

The state has enacted a law allowing a mother to breastfeed her child in any location where the mother and child are authorized to be (H. 4347, L. 2005).

South Carolina Disability Discrimination in State Employment Law

Topic added. The blind, the visually handicapped, and persons with other physical disabilities must be employed in the state service, the service of the political subdivisions, public schools, and in all other employment supported by public funds on the same terms and conditions as persons without disabilities. Title 43, Chapter 33, Sections 43-33-10, 43-33-60 and 43-33-220. ¶42-20,750.01 through ¶42-20,750.03.

South Carolina Breastfeeding Rights in Employment Law

Topic added. A woman may breastfeed her child in any location where the mother and her child are authorized to be. Although the statute doesn’t specifically mention employment, it can be construed to include places of employment. Title 20, Chapter 7, Article 3, Section 20-7-97, as enacted by H.B. 4347, L. 2005, effective May 2, 2006. ¶42-22,650.01.

COBRA Law

The state's mini-COBRA law has been amended (Ch. 188 (H. 156), L. 2006).

Health Insurance Benefit Coverage Law

The state has enacted a law requiring insurers to cover the off-label use of prescription drugs for cancer (Act 139 (S. 22), L. 2005).

Garnishment Law

The law relating to when a garnishment summons is returnable has been amended (Ch. 575 (S. 402), L. 2006, at VA ¶48-5600).

Military and Emergency Services Leave Law

The state's military leave law has been amended with respect to interaction with federal law (Ch. 621 (H. 33), L. 2006, at VA ¶48-7200).

Preemployment Inquiries Law

The state has amended its provisions relating to the employment of sex offenders in family day homes (Ch. 796 (H. 1589), L. 2006, and Ch. 804 (S. 420), L. 2006). Also, background check provisions for public school employees have been amended (Ch. 790 (H. 1109), L. 2006), and the law relating to criminal records checks for employees of nursing homes, home care organizations, assisted living facilities, and hospices have been amended (Ch. 701 (H. 1398), L. 2006, and Ch. 764 (S. 620), L. 2006).

Health Insurance Benefit Coverage Law

Each group disability insurance policy issued or renewed after December 31, 2006, that provides coverage for hospital or medical expenses shall provide coverage for prostate cancer screening, provided that the screening is delivered upon the recommendation of the patient's physician, advanced registered nurse practitioner, or physician assistant (S. 6188, L. 2005, at WA ¶49-4000).

Preemployment Inquiries Law

The state has added record check requirements for workers in metropolitan park districts (H. 2991, L. 2005).

Wage Payment Law

The state has added provisions concerning violations of wage payment requirements and the ability of the Department of Labor and Industries to assess civil penalties (H. 3185, L. 2005).

Health Insurance Benefit Coverage Law

The state has added coverage requirements for human papilloma virus testing (H. 4379, L. 2006, at WV ¶50-4000).

Preemployment Inquiries Law

The state has ratified the National Crime Prevention and Privacy Compact (H. 4386, L. 2006, at WV ¶50-9000).

West Virginia has also enacted a law which provides that an employer who discloses true, job-related information about a current or former employee to another, prospective employer is immune from civil liability (H. 4296, L. 2006, at WV ¶50-9000).

In addition, the law relating to background checks for emergency service personnel has been amended (H. 4632, L. 2006, at WV ¶50-9000).

Child Support Enforcement Law

If a parent ordered to provide a health insurance identification card for a child fails to do so, the other parent may attempt to obtain a card for the child by presenting to the health insurance provider or to the employer through which the insurance is provided a copy of the order requiring the provision of a card (Act 342 (A. 526), L. 2005, at WI ¶51-5500).

Disability Law

The state's service animal provisions have been extensively revised and expanded (Act 354 (S. 157), L. 2005).

Preemployment Inquiries Law

Certain state government positions that involve fiduciary responsibility will require a criminal history background check prior to an offer of employment (Act 350 (A. 383), L. 2005).