State Law Changes

May 30, 2008 Update

Workers' Compensation Law

The state has removed the exemption from workers' compensation coverage for certain independent contractors (S. 365, L. 2008, at AL ¶1-4300).

No Updates as of May 30, 2008

Legal Arizona Workers Act

An employer is considered to have complied with US immigration law if there is a good faith attempt to comply, including isolated, sporadic or accidental technical or procedural issues that may occur. Separately, the attorney general must set up a Voluntary Employer Enhanced Compliance Program to offer employers with another layer of protection under the Act. Aside from being required to verifying a new hire's eligibility with the federal government's E-Verify program, employers could check whether the hire is authorized by using the Social Security Administration's Social Security Number Verification Service. Title 23, Chapter 2, Article 2, Sections 23-211 through 23-216, as amended and enacted by H.B. 2745, L. 2008, effective May 1, 2008. ¶3-24,051.01 through ¶3-24,051.06.

New Hire Reporting Law

The state has enacted a law providing that the Department of Economic Security and the Arizona Health Care Cost Containment System Administration may use the information collected under the state's new hire reporting program to verify eligibility under Title XIX of the Social Security Act (S. 1133, L. 2008, at AZ ¶3-1600).

Preemployment Inquiries Law

Arizona Governor Janet Napolitano (D) has approved a bill making revisions to the Legal Arizona Workers Act, which prohibits employers from intentionally or knowingly hiring undocumented workers. Signed by Napolitano on May 1, 2008, the bill, among other things, clarifies that employers would be sanctioned only for the undocumented workers on their payrolls as of January 1, 2008, and thereafter. The bill also provides additional safeguards for employers who make good-faith efforts to comply with the law. Since the bill passed each chamber of the state legislature with a 2/3 vote, it took effect immediately upon Napolitano’s signature (H. 2745, L. 2008, at AZ ¶3-9000).

Additionally, the state has enacted a law providing that for prospective or current employees of the State Treasurer's Office, the State Treasurer may require the submission of a full set of fingerprints for the purpose of obtaining a state and federal criminal records check and conduct a periodic review of credit standing (H. 2053, L. 2008, at AZ ¶3-9000). Provisions of law relating to background investigation requirements for specified school personnel have also been amended (H. 2694, L. 2008, at AZ ¶3-9000).

Wage Payment Law

The law amending the Legal Arizona Workers Act (see just above) added a provision to the state's wage payment law imposing specific requirements upon certain employers who pay their employees by cash. Monies collected for violations of these requirements shall be equally appropriated to the Department of Education and the Department of Health Services for the purposes of offsetting increased costs to the state by unauthorized aliens (H. 2745, L. 2008, effective May 1, 2008, at AZ ¶3-1200).

Sexual Orientation Discrimination Law

The right to marry is a basic, substantive legal right under the California constitution, and “attributes traditionally associated with marriage … are so integral to an individual's liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process,” ruled a sharply divided California Supreme Court last week, invalidating the state's ban on same-sex marriage (In re Marriage Cases, CalSCt, May 15, 2008, at CA ¶5-3100).

Antidiscrimination Act

Unless otherwise permitted by federal law, employers will be prohibited from firing an employee or from using other forms of discipline because the employee inquires about, discloses, compares or otherwise discusses the employee’s wages. Additionally, an employer won’t be able to require nondisclosure of the employee’s own wage information as a condition of employment or require the employee to sign a waiver or other document that purports to deny the employee the right to disclose such information. Title 24, Article 34, Part 4, Section 24-34-402, as amended by Ch. 155 (S.B. 122), L. 2008, effective Aug. 6, 2008. ¶6-20,026.02.

Criminal Background Checks Law

Criminal justice agencies may assess reasonable fees, not to exceed actual costs, including but not limited to personnel and equipment, for the search, retrieval, and redaction of criminal justice records requested and may waive fees at their discretion. In addition, criminal justice agencies may charge a fee not to exceed twenty-five cents per standard page for a copy of a criminal justice record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a criminal justice record in a format other than a standard page. Title 24, Article 72, Sec. 24-72-306, as amended by Ch. 134 (H.B. 1076), L. 2008, effective Aug. 6, 2008. ¶6-23,601.04.

Employment of Aliens Law

Colorado Governor Bill Ritter (D) signed into law an E-Verify notification bill, which requires the state's department of labor and employment to notify employers of the participation requirements for the federal government's E-Verify program. The bill, which the governor signed into law May 20, 2008, reminds employers of the prohibition against hiring or continuing to employ undocumented workers. Title 8, Article 2, Part 1, Section 8-2-124, as enacted by S.B. 139, L. 2008, effective Aug. 6, 2008. Para 6-24,050.02.
Also, the definition of the federal government's "Basic Pilot Program" has been changed to "E-verify," which is the program's new name. In addition, "public contract for services" do not include agreements relating to the offer, issuance or sale of securities and agreements for investment advisory services or fund management services. The definition also excludes grants, awards or contracts for higher education research.

In addition, as an alternative to E-Verify, the director of the state’s Department of Labor and Employment must establish an alternative program to allow contractors to verify the employment eligibility of their employees. Contractors can choose either E-Verify or the program created by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of their employees. Title 8, Article 17.5, Sections 8-17.5-101 and 8-17.5-102, as amended by S.B. 193, L. 2008, effective May 13, 2008. ¶6-24,050.11 and ¶6-24,050.12.

Preemployment Inquiries Law

The state has enacted a law establishing a program to allow a contractor to verify or provide evidence of the employment eligibility of all employees who are hired for employment to perform work under a public contract for services. The law also modifies precontract certification required of a prospective contractor to limit the scope of the statement about its employees and to require future participation in the Federal Electronic Employment Eligibility Program (E-Verify) or the “department program” to verify the employment eligibility of certain employees (S. 193, L. 2008, effective May 13, 2008, at CO ¶6-9000).

Additionally, on May 20, 2008, Colorado Governor Bill Ritter (D) signed into law an E-Verify notification bill which requires the state's Department of Labor and Employment to notify employers of the participation requirements for the federal government's E-Verify program. The bill reminds employers of the prohibition against hiring or continuing to employ undocumented workers. Provisions of the bill include requiring the department to send electronic notifications about E-Verify to employers quarterly, and requiring the department and the Secretary of State to post on their respective websites information about the prohibition against hiring undocumented workers, the E-Verify program and a link to E-Verify's website (S. 139, L. 2008, effective August 6, 2008, at CO ¶6-9000).

Criminal Background Checks Law

The Commissioner of Mental Health and Addiction Services shall require that each applicant for an employment or volunteer position in the department submit to a state criminal background check. The law is not yet codified and reads as enacted by P.A. 08-46 (S.B. 284), L. 2008, Sec. 1, effective May 7, 2008. ¶7-23,600.21.

Information pertaining to the confidentiality of a job applicant's arrest record was amended. Title 31, Chapter 557, Part II, Section 31-51i, as amended by P.A. 08-53 (S.B.704), L. 2008, effective May 1, 2008. ¶7-23,601.01.

Family, Medical, and Parental Leaves Law

Effective October 1, 2008, blind or physically disabled state and quasi-public employees may be allowed to use accumulated sick leave to learn to handle their guide or assistance dog in a training program (P.A. 08-4 (S. 65), L. 2008, at CT ¶7-7000).

Marital Status Discrimination Law

In a matter of statutory interpretation, the Connecticut Supreme Court held that a superior court judge who was receiving a $24,000 per year survivor benefit under his deceased wife's pension plan had no standing to file a marital status discrimination claim under the Connecticut Human Rights and Opportunities Act (CHROA) against his deceased wife's former employer after the benefit was terminated pursuant to the plan when the judge remarried. The CHROA's plain and unambiguous language prohibits employers from "firing or refusing to hire or discriminating against any employee or prospective employee in the terms, conditions or privileges of employment." Because the CHROA only concerns those persons who have "sought or obtained an employment relationship with the employer alleged to have engaged in a discriminatory employment practice," the Act did not cover the judge, a surviving spouse, who was never an employee, former employee or prospective employee of the employer (McWeeny v City of Hartford, ConnSCt, May 20, 2008, at CT ¶7-3200).

Military and Emergency Services Leave Law

The state's military leave law has been amended with respect to certain teaching personnel (P.A. 08-15 (H. 5111), L. 2008, at CT ¶7-7200).

Preemployment Inquiries Law

The state has enacted a law relating to criminal history background checks for persons providing services to clients of the Department of Mental Health and Addiction Services (P.A. 08-46 (S. 284), L. 2008, at CT ¶7-9000).

Workers' Compensation Law

Effective October 1, 2008, the Workers' Compensation Commission will be required to provide injured employees with the forms necessary for filing a claim (P.A. 08-3 (S. 57), L. 2008, at CT ¶7-4300).

Accrued Sick and Safe Leave Act

Topic added. Under the Act, employers with 100 employees or more must provide seven paid sick or safe days for their employees; employers with 25-99 employees must provide five days of leave; and employers with 24 or fewer employees must provide three sick or safe days. Paid "sick or safe" days are available for a variety of uses, including when: (1) the employee or his/her family member is sick (resulting from physical or mental illness or injury); (2) the employee or his/her family member (child, parent, spouse, domestic partner) needs routine or preventative medical care; and (3) the employee who is a domestic violence victim needs time off to seek medical care, shelter, counseling, a court order, or other services related to the domestic violence. The law is not yet codified and reads as enacted by Act 3234 (B. 197), L. 2007, Sections 1 through 16, effective Nov. 13, 2008. ¶9-22,450.31 through ¶9-22,450.46.

Criminal Background Checks Rules

Private entities who provide services as a covered child or youth services provider shall obtain criminal history records and traffic records to investigate persons applying for employment, in either a compensated or an unsupervised volunteer position, as well as its current employees and unsupervised volunteers. Title 27, Chapter 5, Sections 500 through 599, as adopted effective May 9, 2008. ¶9-23,652.01 through ¶9-23,652.09.

Family, Medical, and Parental Leaves Law

Congress has completed its review of the District of Columbia’s “Accrued
Sick and Safe Leave Act of 2008,” confirmed a legislative aide at the District of Columbia City Council’s office. The effective date of the Act, which requires all city businesses to provide their employees with paid sick leave, is May 13, 2008. However, a section of the Act states that “[t]his act shall apply 6 months after its effective date.” Therefore, the applicable date for employers to start complying with the law is November 13, 2008 (DC ¶9-7000).

Drug Testing Law

The state has amended its drug testing law with respect to random testing of employees in high-risk jobs (S. 230, L. 2007, at GA ¶11-8600).

Violence in the Workplace Law

Georgia Governor Sonny Perdue signed into law the Business Security and Employee Privacy Act on May 14, 2008. Except as provided in this new law, no private or public employer shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer's parking lot and access thereto.

Also, with exceptions provided in the new law, no private or public employer shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license (H. 89, L. 2007, enacted May 14, 2008, effective July 1, 2008, at GA ¶11-3300).

Criminal Background Checks Law

Background checks are required for student teachers, independent contractors and their employees, and other individuals who have unsupervised contact with students in a public school setting. Also, background checks for new employees must be performed within 5 days of the start of employment, rather than the current 90 days, and it will be easier for substitute teachers who have passed their background check to work for more than one district. Title 33, Sections 33-130 and 33-512, as amended by Ch. 349 (H.B. 566), L. 2008, effective July 1, 2008. ¶13-23,600.01 and ¶13-23,600.11.

All applicants to the state board of nursing for original licensure or reinstatement are required to submit to a fingerprint-based criminal history check (Title 54, Chapter 14, Section 54-1401, as amended by Ch. 67 (H.B. 388), L. 2008, effective July 1, 2008). ¶13-23,600.55.

The Idaho State Police has the authority to retain the full normal federal background check fee when the positive identification is made at the state level and the state does all the processing without submitting the fingerprints to the FBI for processing. The FBI authorizes states to retain the FBI's fee, if a positive identification is made at the state level and the criminal history is obtained via the Interstate Identification Index system. Title 67, Chapter 30, Section 67-3010, as amended by Ch. 48 (H.B. 352), L. 2008, effective July 1, 2008. ¶13-23,601.10.

Criminal Background Checks Rules

The criminal background checks rules pertaining to skilled nursing facilities, home health agencies, residential care facilities and the Department of Health and Welfare were adopted permanent. IDAPA 16, Titles 03 and 05, as adopted permanent by SCR 138, L. 2008, effective March 26, 2008. Paras ¶13-23,650.01 through ¶13-23,650.164.

Unemployment Insurance Law

Weekly benefit amounts have been updated (IL ¶14-1700).

Wage Payment Law 

The state has amended its wage payment law, expanding the circumstances under which an employee's overdraft charges that were caused by an employer's failure to pay timely wages would be the basis of a wage claim. Among other things, the law also relates to all failures to timely pay wages rather than only failure to send wages for direct deposit (S. 2222, L. 2007, enacted May 7, 2008, at IA ¶16-1200).

Disability Law

The state has enacted a law altering provisions establishing rights and privileges for blind, visually impaired, deaf, hard of hearing, and mobility impaired individuals to include all individuals with disabilities and the parents of a minor child with a disability. Also, specified provisions of law relating to use of service animals by such individuals have been altered to include all individuals with disabilities. Other changes were made to definitions and provisions relating to service animal trainers (Ch. 595 (H. 767), L. 2008, effective October 1, 2008, at MD ¶21-2600).

Family, Medical and Parental Leaves 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 (Ch. 644 (H. 40), L. 2008, at MD ¶21-7000).

Health Insurance Benefits Coverage Law

The state has enacted a law requiring group insurers and HMOs to provide coverage for amino acid-based elemental formula for the diagnosis and treatment of specified allergies, syndromes, and conditions under specified circumstances, effective October 1, 2008 (Ch. 510 (H. 578), L. 2008, at MD ¶21-4000).

Workers' Compensation Law

Effective July 1, 2008, a volunteer worker for a unit of state government will be a covered employee under the Maryland Workers' Compensation Act (Ch. 541 (H. 1400), L. 2008, at MD ¶21-4300).

Health Insurance Benefits Coverage Law

Public employers in Michigan may not provide healthcare benefits to the domestic partners of gay and lesbian employees, the Michigan Supreme Court has ruled. An amendment to the state constitution that expressly defined marriage as a union of one man and one woman prohibited the state from recognizing other unions “for any purpose,” effectively barring the provision of benefits to qualified same-sex partners, a 5-2 majority of the state high court held (National Pride at Work, Inc v Governor of Michigan, MichSCt, May 7, 2008, at MI ¶23-4000).

Preemployment Inquiries Law

The state has enacted a law revising implementation of long-term care employee background check provisions (P.A. 123 (S. 1161), L. 2007, enacted and effective May 8, 2008, at MI ¶23-9000).

Blood Donation Leave Law

Topic added. State employees must be granted leave from work with 100 percent of pay to donate blood at a location away from the place of work. The total amount of leave used may not exceed three hours in a 12-month period, and must be determined by the employee. Also, an employer may grant paid leave from work to an employee to allow the employee to donate blood. Chapter 43A, Section 43A.187 and Chapter 181, Section 181.9458, as enacted by Ch. 318 (H.B. 3494), L. 2007, effective Aug. 1, 2008. Paras ¶24-22,950.01 and ¶24-22,950.13.

Family, Medical and Parental Leaves Law

State employers will be required to allow their employees leave from work with 100 percent of pay to donate blood at a location away from the place of work (Ch. 318 (H. 3494), L. 2007, enacted May 13, 2008, at MN ¶24-7000).

Preemployment Inquiries Law

Effective September 1, 2008, Minnesota will require school hiring authorities to notify parents and guardians about their policy regarding criminal background checks on employees and other individuals who provide services to schools and to identify those positions requiring such checks. Authorities may include the notice in student handbooks or similar communications (Ch. 275 (S. 2369), L. 2007, at MN ¶24-9000).

Recordkeeping/Posters Law

The state has modified its restrictions on the collection and use of Social Security numbers. Effective July 1, 2008, a person or entity, not including a government entity, may not assign or use a number as the primary account identifier that is identical to or incorporates an individual's complete Social Security number, except in conjunction with an employee or member retirement or benefit plan or human resource or payroll administration (Ch. 333 (S. 2390), L. 2007, enacted May 16, 2008, at MN ¶24-9900).

Family Leave Law

Under the family leave insurance program, employers are to provide paid family leave benefits to employees caring for sick family members and newborn or newly adopted children. The program requires no contributions from employers and is 100% funded by an employee payroll deduction amounting to approximately $33 a year, or 64 cents a week. Participating workers will receive no more than two-thirds of their weekly pay, up to a maximum weekly benefit of $524 in 2008. The law is not yet codified and reads as enacted by A.B. 873, L. 2008, Sections 10 through 13, effective May 2, 2008. Paras ¶31-22,450.21 through ¶31-22,450.24.

Unemployment Insurance Law

Legislation providing paid family leave benefits to employees caring for sick family members and newborn or newly adopted children was signed by Governor Jon S. Corzine on May 2, 2008. New Jersey becomes the third state in the nation to enact a family leave program. The state of California implemented its program in 2004, while the state of Washington passed legislation last year.

The legislation extends the state's existing Temporary Disability Insurance (TDI) program
and permits up to six weeks of insurance benefits for workers taking leave to provide care certified to be necessary for a family member.

The program requires no contributions from employers and is 100% funded by an employee payroll deduction amounting to approximately $33 a year, or 64 cents a week. Participating workers will receive no more than two-thirds of their weekly pay, up to a maximum weekly benefit of $524 in 2008.

The legislation also ensures that small businesses (50 or fewer employees) have the option to replace employees receiving Family Leave Insurance benefits. To prevent fraudulent claims, certain anti-fraud measures of the Temporary Disability Benefits Law, such as criminal penalties and increased fines for those who improperly claim benefits, will be used (A. 873, L. 2008, at NJ ¶31-7000, and at NJ ¶31-1700).

Criminal Background Checks Rule

Employees, contractors and volunteers of child care facilities are required to undergo a criminal history check and submit a set of fingerprints as a condition of employment. Title 8, Chapter 8, Part 3, Section 8.8.3.11, as amended April 15, 2008. ¶32-23,650.41.

Criminal Background Checks Law

Persons having contact with children, mentally disabled and elderly are required to submit fingerprints and undergo a criminal records check. Title 1, Chapter 109, Section 109.572, as amended by Ch. 40 (H.B. 104), L. 2007, effective March 24, 2008. ¶36-23,600.11.

The law relating to the sealing of conviction records and restoration of rights was amended. Title 29, Chapter 2953, Section 2953.32, as amended by Ch. 40 (H.B. 104), L. 2007, effective March 24, 2008. ¶36-23,600.21.

Drug Testing Law

The Standards for Workplace Drug and Alcohol Testing Act has been amended with respect to how testing policies and notices of changes in testing policies may be delivered to employees and applicants (Ch. 132 (S. 1531), L. 2007, enacted May 8, 2008, at OK ¶37-8600).

Freedom of Conscience Act

Topic added. Oklahoma's Freedom of Conscience Act provides that private and public employers shall not discriminate against an employee or prospective employee by refusing to reasonably accommodate the religious observance or practice of the employee or prospective employee, unless the employer can demonstrate that the accommodation would pose an undue hardship on the program, enterprise, or business of the employer. Oklahoma Statutes at Title 63, Sections 1-728 through 1-728.5, as enacted by S.B. 1878, L. 2007, effective Nov. 1, 2008. ¶37-20,250.01 through ¶37-20,250.06.

Meal and Rest Periods Law

Although employees may file suit for unpaid wages under Oregon wage law, the statute does not provide for a private right of action to sue for violations of the state's meal and rest period provisions, the Oregon Supreme Court held. Thus, hospital employees could not sustain an action to recover for 10-minute breaks that were not provided to them for every four hours they worked. Employees still have recourse for violations of rest break requirements, however: The state's Bureau of Labor and Industries can seek civil penalties of $1,000 for violations - and also may pursue criminal prosecution of employers that violate the statutory break requirements (Gafur v Legacy Good Samaritan Hosp and Medical Ctr, OreSCt, May 15, 2008, at OR ¶38-1400).

COBRA Law

South Dakota has defined the term “employer ceasing operations” with respect to its continuation coverage requirement for employees of employers that have ceased operations. The term means that a business has closed or discontinued its business operations. It also includes a situation in which an owner-operator business is sold, such that the purchaser establishes its own taxpayer identification number (S. 132, L. 2008, effective July 1, 2008, at SD ¶43-4200).

COBRA Law

Generally, a group policy delivered or issued for delivery in Tennessee which provides hospital, surgical or major medical expense insurance, or any combination of these coverages, on an expense incurred basis, shall provide that an employee or member whose insurance under the group policy has been terminated for any reason, except discontinuance of the group policy in its entirety or with respect to an insured class, and who has been continuously insured under the group policy (and under any group policy providing similar benefits which it replaces) for at least three months immediately prior to termination, shall be entitled to have such coverage nonetheless continued under the group policy for the fractional policy month remaining at termination, plus three additional policy months upon payment in advance to the employer of the full group premium for this continuation of coverage, including any portion thereof usually paid by the person's former employer on or before the beginning of each month's coverage. Material in italics was added by Ch. 935 (H. 1482), L. 2007, enacted May 16, 2008, and effective July 1, 2008, at TN ¶44-4200).

Employment of Aliens Law

Under Illegal Alien Employment Act, the commissioner or the commissioner's designee shall inform the person against whom a complaint is made that such person may request the name of the person filing the complaint, or if the complaint is filed by an agency or entity, the name of the person who caused the complaint to be filed. If such person requests such name, the commissioner or the commissioner's designee shall provide the name requested. Title 50, Chapter 1, Section 50-1-103, as amended by S.B. 4069, L. 2007, effective April 29, 2008. ¶44-24,050.12.

Family, Medical and Parental Leaves Law

The state has enacted a law granting licensed teachers leave to visit a spouse, child, or parent deployed for military duty out of the country who has been granted rest and recuperation leave (Ch. 925 (S. 3364), L. 2007, at TN ¶44-7000).

Military and Emergency Services Leave Law

Effective July 1, 2008, any employee who is an active volunteer firefighter may be permitted to leave work in order to respond to fire calls during such employee's regular hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation. Such employee may be permitted to take off the next scheduled work period within 12 hours following such response as a vacation day or sick leave day without loss of pay if the employee assisted in fighting such fire for more than four hours. If the employee is not entitled to a vacation day or sick leave day, then such employee may be permitted to take off such work period without pay.

In addition, any employee who is an active volunteer firefighter and who worked for more than four hours the prior day or night as a volunteer firefighter in an emergency may be permitted to take off the next scheduled work period within 12 hours following such emergency as a vacation day or sick leave day without the loss of pay. If the employee is not entitled to a vacation day or sick leave day, then such employee may be permitted to take off such work period without pay.

The employer may require the employee to submit supporting documentation from the chief of the volunteer fire department (Ch. 791 (S. 4130), L. 2007, enacted April 22, 2008, at TN ¶44-7200).

Preemployment Inquiries Law

The state has amended its background checks law with respect to people who work with children (Ch. 922 (S. 2708), L. 2007, enacted May 15, 2008, and effective July 1, 2008, at TN ¶44-9000).

Recordkeeping/Posters Law

In an amendment to the state’s Illegal Alien Employment Act, on April 29, 2008, Tennessee
Governor Phil Bredesen (D) signed into law a bill (S. 4069) that would release the identities of state or local governmental agencies, officers, employees or entities who file complaints against businesses regarding their employment or recruitment of undocumented workers. Under the Illegal Alien Employment Act, which went into effect January 1, 2008, employers who knowingly hire, employ, recruit or refer for a fee for employment, an illegal alien could face suspension of their local or state issued license related to their business for up to one year. The Tennessee Department of Labor and Workforce Development, which enforces the law, investigates complaints from state or local governmental agencies and their employees who believe that employers are violating the Act.

Under S. 4069, the Department of Labor and Workforce Development must inform the person against whom the complaint is filed that s/he person is authorized to request the name of the person who filed the complaint or caused the complaint to be filed. If the person against whom the complaint is filed requests the complainant's name, then the commissioner will be required to provide the name, effective April 29, 2008 (S. 4069, L. 2007, enacted April 29, 2008, at TN ¶44-9900).

Smoking in the Workplace Law

The state's Non-Smoker Protection Act has been amended to exempt places of worship from the posting requirements of the law (Ch. 897 (S. 2606), L. 2007, enacted and effective May 12, 2008, at TN ¶44-2700).

Workers' Compensation Law

Effective July 1, 2008, an employer shall designate a group of three or more reputable physicians or surgeons not associated together in practice, if available in that community, from which an injured employee shall have the privilege of selecting an operating surgeon and the attending physician (Ch. 835 (H. 3170), L. 2007, enacted April 30, 2008, at TN ¶44-4300).

No Updates as of May 30, 2008

COBRA Law

Utah has adopted conforming changes to its conversion coverage, in connection with general changes to notice requirements for its Basic Health Care Plan coverage (Ch. 241 (S. 62), L. 2008, at UT ¶46-4200).

Criminal Background Checks Law

Employees of health care facilities are required to undergo a background check. Title 26, Chapter 21, Section 26-21-9.5, as amended by Ch. 3 (H.B. 78), L. 2008 and Ch. 382 (S.B. 63), L. 2008, effective May 5, 2008. ¶46-23,600.15.

Provisions relating to the licensing of child care facilities and background checks for their personnel were amended. Title 26, Chapter 39, Section 26-39-404, as amended and renumbered by Ch. 111 (S.B. 184), L. 2008, effective May 5, 2008. ¶46-23,600.21.

Prior to the issuance of a nursing license, an applicant is required to undergo a background check. Title 58, Chapter 31b, Section 58-31b-401, as amended by Ch. 214 (H.B. 399), L. 2008 and Ch. 382 (H.B. 63), L. 2008, effective May 5, 2008. ¶46-23,600.31.

Personnel at agencies providing services for children and vulnerable adults are required to submit a set of fingerprints and undergo a criminal background check. Title 62A, Chapter 2, Section 62A-2-120, as amended by Ch. 3 (H.B. 78), L. 2008; Ch. 17 (H.B. 36), L. 2008; and Ch. 382 (H.B. 63), L. 2008, effective May 5, 2008. ¶46-23,600.41.

Security personnel are required to undergo a criminal background check prior to the issuance of a license. Title 58, Chapter 63, Sections 58-63-102, 58-63-301 and 58-63-302, as amended by Ch. 246 (S.B. 98), L. 2008, effective May 5, 2008. ¶46-23,600.51 and ¶46-23,600.52.

The law pertaining to the use of criminal history information by aging and adult services was amended. Title 62A, Chapter 3, Section 62A-3-311.1, as amended by Ch. 91 (S.B. 63), L. 2008 and Ch. 382 (H.B. 63), L. 2008, effective May 5, 2008. ¶46-23,601.11.

The provision relating to the inspection of court records was amended. Title 78A, Chapter 6, Section 78A-6-209, as amended by Ch. 111 (S.B. 184), L. 2008, effective May 5, 2008. ¶46-23,601.31.

Breastfeeding Rights in Employment Law

Topic added. Private and public employers are required, for three years after the birth of a child, to provide nursing mothers with a reasonable time, either compensated or uncompensated, throughout the day to express breast milk for their nursing child. Also, employers must provide an appropriate private space that is not a bathroom stall. The decision to provide compensated time is at the sole discretion of the employer, unless modified by a collective bargaining agreement. In addition, employers must not retaliate or discriminate against employees who exercise their rights under the Act. Title 21, Chapter 5, Sections 302, 303 and 305, as amended and enacted by Act 144 (H.B. 641), L. 2008, effective July 1, 2008. ¶47-22,650.21 through ¶47-22,650.23.

Meal and Rest Periods Law

On May 15, 2008, Governor Jim Douglas (R) enacted legislation requiring Vermont employers (for three years after the birth of a child) to provide nursing mothers with a reasonable time, either compensated or uncompensated, throughout the day to express breast milk for their nursing child. Employers (any individual, organization, or governmental body) must provide an appropriate private space that is not a bathroom stall. The decision to provide compensated time is at the sole discretion of the employer, unless modified by a collective bargaining agreement.
In addition, employers must not retaliate or discriminate against employees who exercise their rights under the law. In lieu of an enforcement action through the Vermont Judicial Bureau, the attorney general or a state’s attorney may enforce the provisions of the law by bringing a civil action for temporary or permanent injunctive relief, economic damages, including prospective lost wages for a period not to exceed one year, investigative and court costs. The attorney general or a state’s attorney may conduct an investigation of an alleged violation and enter into a settlement agreement with the employer. Such an investigation does not have to be a prerequisite to bringing a court action. Any employer who violates the provisions of the law will be fined a civil penalty of not more than $100.00 for each and every violation (H. 641, L. 2007, enacted May 15, 2008, at VT ¶47-1400).

No Updates as of May 30, 2008

No Updates as of May 30, 2008