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.

October 31, 2004 Update

AlabamaTop of Page
No Updates as of October 31, 2004
AlaskaTop of Page
Recordkeeping/Posters Law
The state has updated its minimum wage poster (AK ¶2-9900).
ArizonaTop of Page
Disability Law
Persons violating the state's service animal provisions are now guilty of a Class 2 misdemeanor 
(Ch. 265 (H. 2034), L. 2004, at AZ ¶3-2600).

Preemployment Inquiries Law
The state's background checks law has been amended with respect to child protective services 
workers (Ch. 63 (H. 2073), L. 2004, at AZ ¶3-9000).
ArkansasTop of Page
No Updates as of October 31, 2004
CaliforniaTop of Page
COBRA Law
Cal-COBRA eligibility provisions have been amended (Ch. 64 (A. 254), L. 2003 at CA ¶5-4200).

Health Insurance Benefit Coverage Law
Effective January 1, 2005, health care service plans that cover outpatient prescription drug benefits will be required to provide coverage for inhaler spacers, nebulizers, and peak flow meters when medically necessary for the management and treatment of pediatric asthma (Ch. 711 (A. 2185), L. 2003 at CA ¶5-4000).

Maximum Hours Law
Provisions relating to maximum workloads for cytotechnologists have been amended (Ch. 735 (S. 1355), L. 2003, at CA ¶5-1300).

Minimum Wage Law
The Cities of Los Angeles and Oakland have adjusted their living wage rates (CA ¶5-1000).

Preemployment Inquiries Law
California has enacted a law requiring Emergency Medical Technician-Paramedic (EMT-P) employers, with certain exceptions, to report in writing to the local Emergency Medical Services agency medical director and the Emergency Medical Services Authority actions taken concerning an EMT-P, including the removal of an EMT-P from paramedic duties for disciplinary cause or reason following the completion of an internal investigation (Ch. 513 (A. 1655), L. 2003, at CA ¶5-9000).

Also, the state has (1) amended its law relating to fingerprints of certain financial institution workers (Ch. 176 (S. 1637), L. 2003, at CA ¶5-9000); and (2) enacted a law allowing the Department  of Justice to provide federal level criminal history information upon the showing of compelling need when specifically authorized; expanding the authorization for public utilities to receive state and federal criminal history information to permit cable corporations to receive that information; and allowing that information to be provided concerning current or prospective contract and subcontract employees (Ch. 570 (S. 1388), L. 2003, at CA ¶5-9000).

Whistleblower Protection Law
The state now requires employers to prominently display in lettering larger than size 14 point type (formerly, 14 pica type) a list of employees' rights and responsibilities under the whistleblower laws (Ch. 820 (A. 1127), L. 2003, at CA ¶5-3600).

Fair Employment and Housing Act
The term "developmentally disabled and mentally ill persons" has been changed to "mentally disabled persons." Title 2, Division 3, Part 2.8, Chapter 4, Section 12926, as amended by S.B. 1234, L. 2003, effective Jan. 1, 2005. ¶5-20,025.26.

Unruh Civil Rights Act
The act prohibits discrimination in California on the basis of race, color, religion, ancestry, national origin, blindness, or physical disability and the provisions relating to damages and injunctive relief under the act have been amended. Civil Code, Division 1, Part 2, Sections 52.1, as amended by S.B. 1234, L. 2003, effective Jan. 1, 2005. ¶5-20,026.11.

Civil Rights, Criminal Penalties Law
The California Penal Code makes it a crime to interfere with the civil rights of any person because of that person's race, color, religion, ancestry, national origin, disability, gender or sexual orientation. Penal Code, Part 1, Title 11.6, Sections 422.6 and 422.7, as amended by Ch. 700 (S.B. 1234) and Ch. 780 (S.B. 2288), L. 2003, effective Jan. 1, 2005. ¶5-20,025.01 and ¶5-20,027.02.

Discrimination in State Employment Law
The bases on which discrimination is prohibited in employment, has been expanded to those covered under the state’s Fair Employment and Housing Act. Government Code, Title 2, Division 5, Part 2, Chapter 10, Article 2, Sections 19702 and 19704, as amended by A.B. 2900, L. 2003, effective Jan. 1, 2005. ¶5-20,028.03 and ¶5-20,028.10.

Exercise of Employee Rights Law
Amendment to the Act redistributes penalties so that 75 percent of the collected penalties will go to the agency for enforcement and education and 25 percent to the aggrieved employee, except that if the employer does not employ one or more employees then 100 percent of the penalties are to be distributed to the agency. Labor Code, Division 1, Chapter 4, Section 98.6, as amended by Ch. 221 (S.B. 1809), L. 2003, effective Jan. 1, 2004. ¶5-20,032.01.

Criminal Background Checks Law
Employees and volunteers of parks, playgrounds, recreation centers and beaches are required to undergo a criminal history check. Public Resources Code, Division 5, Chapter 2, Article 3, Section 5164, as amended by Ch. 184 (S.B. 1314), L. 2003, effective July 24, 2004. ¶5-23,602.51.

Criminal Background Checks Law
State and local government officials are authorized while conducting employment background checks to transmit fingerprint images and related information to the Federal Bureau of Investigation. Penal Code, Part 4, Title 1, Chapter 1, Article 3, Sections 11105 and 11105.3, as amended by Ch. 184 (S.B. 1314), L. 2003, effective July 23, 2004. ¶5-23,604.01 and ¶5-23,604.08.

Criminal Background Checks Rules
Provisions pertaining to the licensing of community and the employment of their personnel have been adopted permanent. Title 22, Division 6, Chapter 1, Article 3, Sections 80019 through 80019.2, as adopted effective Aug. 20, 2004. ¶5-23,650.11 through ¶5-23,650.03.

Criminal Background Checks Rules
The regulations regarding criminal background checks of operators of residential care facilities caring for the elderly and their personnel have been adopted permanent. Title 22, Division 6, Chapter 8, Article 3, Sections 87219 and 87219.1, as adopted effective Aug. 20, 2004. ¶5-23,650.41 and ¶5-23,650.42.

Criminal Background Checks Rules
Operators and employees of residential care facilities caring for the chronically ill are required to undergo a criminal background check and submit a set of fingerprints. Title 22, Division 6, Chapter 8.5, Article 3, Sections 87819 and 87819.1, as adopted effective Aug. 20, 2004. ¶5-23,650.61 and ¶5-23,650.62.

Criminal Background Checks Rules
A criminal record clearance is required of all operators and their personnel. Title 22, Division 12, Chapter 1, Sections 101170 through 101170.2, as adopted effective Aug. 20, 2004. ¶5-23,650.81 through ¶5-23,650.83.

Fair Employment and Housing Act
Employers having 50 or more employees are required to provide two hours of sexual harassment training and education to supervisory employees by 2006, and again once every two years. Also employers are required to incorporate the training into the 80 hours of training provided to all new supervisory employees, using existing resources. Government Code, Title 2, Division 3, Part 2.6, Chapter 6, Section 12950.1, as enacted by Ch. 933 (A.B. 1825), L. 2003, effective Jan. 1, 2005. ¶5-20,025.501.

Child Support Enforcement Law
The state has enacted a law requiring certain employers to make child support payments by electronic fund transfer (Ch. 806 (A. 2358), L. 2003, at CA ¶5-5500).

Fair Employment Practices Law
Employers having 50 or more employees will be required to provide two hours of sexual harassment training and education to supervisory employees by 2006, unless already provided (since January 1, 2003), and again once every two years. The law also requires employers to incorporate the training into the 80 hours of training provided to all new supervisory employees, using existing resources (Ch. 933 (A. 1825), L. 2003, at CA ¶5-2500).

Overtime Pay Law
Effective January 1, 2005, the computer software employee's minimum hourly rate of pay exemption increases from $44.63 to $45.84, reflecting a 2.7 percent increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.

Likewise, based on the CPI changes, the minimum hourly rate of pay for licensed physicians and surgeons to qualify as exempt increases from $57.56 to $59.11, effective January 1, 2005 (CA ¶5-1100).

Recordkeeping/Posters Law
The state has enacted a law protecting the personal information of reproductive health services workers (Ch. 922 (S. 1590), L. 2003, at CA ¶5-9900).

Wage Payment Law
By January 1, 2008, employers will be required to display no more than the last four digits of an employee's social security number or an existing employee identification number other than a social security number on an employee's wage statement. Likewise, state and local government agencies will be required, by January 1, 2008, to use no more than the last four digits of an employee's social security number or an existing employee identification number other than a social security number on any check, draft or voucher used to pay employees (Ch. 860 (S. 1618), L. 2003, at CA ¶5-1200).

ColoradoTop of Page
No Updates as of October 31, 2004
ConnecticutTop of Page
Family and Medical Leave Law
Technical corrections have been made to the state’s family and medical leave law. Title 31, Chapter 557, Sections 31-51ll through 31-51nn, as amended by Act 04-257 (S.B. 604), L. 2004, effective June 14, 2004. ¶7-22,450.02 through ¶7-22,450.04.
DelawareTop of Page
No Updates as of October 31, 2004
D.C.Top of Page
No Updates as of October 31, 2004
FloridaTop of Page
Recordkeeping/Posters Law
Farm labor contractor recordkeeping requirements have been amended (Ch. 2004-64 (H. 1307), L. 2004, at FL ¶10-9900).
GeorgiaTop of Page
No Updates as of October 31, 2004
HawaiiTop of Page
No Updates as of October 31, 2004
IdahoTop of Page
No Updates as of October 31, 2004
IllinoisTop of Page
Criminal Background Checks Law
Personnel of small and large school districts are required to undergo a criminal history check as a condition of employment. Chapter 105, Sections 5/10-21.9 and 5/34-18.5, as amended by P.A. 909 (H.B. 3977), L. 2004, effective Aug. 12, 2004. ¶14-23,600.01 and ¶14-23,600.02.

Disability Law
The Illinois Attorney General is now authorized to file civil action suits on behalf of Illinois 
individuals for pattern and practice violations of civil rights laws under the Illinois Human 
Rights Act (S. 2878, L. 2003, at IL ¶14-2600).

Preemployment Inquiries Law
The state has amended its law regarding expunged juvenile records (H. 4566, L. 2003, at IL ¶14-9000).

Recordkeeping/Posters Law
The state's Victims' Economic Security and Safety Act (VESSA) poster has been updated (IL ¶14-9900).

IndianaTop of Page
No Updates as of October 31, 2004
IowaTop of Page
Workers' Compensation Law
The choice of care provisions have been amended (H. 2581, L. 2003, at IA ¶16-4300).
KansasTop of Page
No Updates as of October 31, 2004
KentuckyTop of Page
No Updates as of October 31, 2004
LouisianaTop of Page
Disability Law
A person with a mobility impairment operating an electric mobility aid shall have the same rights 
as an able-bodied pedestrian to use streets, sidewalks, and walkways (Act 451 (S. 46), L. 2004, 
at LA ¶19-2600).
MaineTop of Page
Recordkeeping/Posters Law
The state's minimum wage poster (English version) has been updated (ME ¶20-9900).
MarylandTop of Page
Minimum Wage Law
Baltimore's living wage rate has been adjusted (MD ¶21-1000).
MassachusettsTop of Page
Military and Emergency Services Leave Law
Massachusetts has enacted a law making it an unlawful practice for an employer, an employment agency, the commonwealth or any of its political subdivisions, by itself or its agents, to deny initial employment, reemployment, retention in employment, promotion or any benefit of employment to a person who is a member of, applies to perform, or has an obligation to perform, service in a uniformed military service of the United States, including the National Guard, on the basis of that membership, application or obligation (Ch. 355 (H. 1053), L. 2003, at MA ¶22-7200).

Fair Employment Practices Law
It is an unlawful practice for an employer, an employment agency, the commonwealth or any of its political subdivisions, by itself or its agents, to deny initial employment, reemployment, retention in employment, promotion or any benefit of employment to a person who is a member of, applies to perform, or has an obligation to perform, service in a uniformed military service of the United States, including the National Guard, on the basis of that membership, application or obligation. Part I, Title XXI, Chapter 151B, Section 4, as amended by h. 355 (H.B. 1053), L. 2003, effective Dec. 22, 2004. ¶22-20,026.04.

Recordkeeping/Posters Law
The state's minimum wage poster has been updated (MA ¶22-9900).

MichiganTop of Page
Health Insurance Benefit Coverage Law
Effective March 1, 2005, group insurers and HMOs that provide obstetrical and gynecological services will be required to cover such services whether provided by a nurse midwife or a physician (H. 4361 and H. 4362, L. 2003, at MI ¶23-4000).

Michigan Criminal Background Checks Law
Provisions pertaining to access to criminal background information have been amended. Chapter 28, Section 28.273, as amended by P.A. 359 (H.B. 5864), L. 2004, effective Sept. 30, 2004. ¶23-23,601.01.

MinnesotaTop of Page
Minimum Wage Law
The Cities of Minneapolis and St. Paul have adjusted their living wage rates (MN ¶24-1000).
MississippiTop of Page
Recordkeeping/Posters Law
The state's workers' comp poster has been updated (MS ¶25-9900).
MissouriTop of Page
No Updates as of October 31, 2004
MontanaTop of Page
No Updates as of October 31, 2004
NebraskaTop of Page
Jury Duty and Court Attendance Leave Law
The law has been amended with respect to the rights of crime victims and witnesses to receive 
employer intercession services (L.B. 270, L. 2003, at NE ¶28-7100).
NevadaTop of Page
No Updates as of October 31, 2004
New HampshireTop of Page
No Updates as of October 31, 2004
New JerseyTop of Page
Civil Rights Act
Topic added. The new legislation authorizes the Attorney General to bring actions in the name of the State and on behalf of an injured party for damages, injunctive or other appropriate relief. Importantly, in signing this new law, New Jersey has now established a State analog to the federal civil rights act. The law is not yet codified and reads as enacted by Ch. 143 (A.B. 2073), L. 2004, effective Sept. 10, 2004. ¶31-20,028.01.

Whistleblower Protection Law
Employer notice and posting requirements under the Conscientious Employee Protection Act have been amended (Ch. 148 (S. 276), L. 2004, at NJ ¶31-3600).

New MexicoTop of Page
No Updates as of October 31, 2004
New YorkTop of Page
Recordkeeping/Posters Law
A new provision has been added to New York's public health law giving domestic partners the same health care facility visitation rights as those enjoyed by spouses. The domestic partnership can be demonstrated by registration with an employer or by covered person designations on a person's employment benefits or health insurance or other indications of mutual interdependence (A. 9872, L. 2004, at NY ¶33-9900).

Maximum Hours Law
New York's Transportation Law has been amended to exempt drivers engaged in the restoration of telephone service from hours of service restrictions affecting certain operators. Incidental drivers engaged in actual restoration or preservation of electric, telephone, gas or steam service are exempt from hours restrictions during an emergency. Corporations providing such services are to file with the Department of Transportation a plan of procedures to follow in emergencies to assure drivers do not drive if they have not had sufficient rest to safely drive, and the incidental drivers must have eight hours off duty following completion of the emergency work (A. 9661, L. 2003, at NY ¶33-1300).

Preemployment Inquiries Law
The state has amended its laws relating to background checks for certain providers of services to persons with mental impairments or developmental disabilities (S. 7562, L. 2003, at NY ¶33-9000).

North CarolinaTop of Page
Minimum Wage Law
The City of Durham has adjusted its living wage rate (NC ¶34-1000).
North DakotaTop of Page
No Updates as of October 31, 2004
OhioTop of Page
Minimum Wage Law
Effective October 1, 2004, Cleveland's fair employment wage is $9.66 per hour (OH ¶36-1000).

Recordkeeping/Posters Law
The Cleveland living wage poster has been updated (OH ¶36-9900).

OklahomaTop of Page
Child Support Enforcement Law
The Uniform Interstate Family Support Act has been amended, effective November 1, 2004 (S. 1600, 
L. 2003, at OK ¶37-5500).
OregonTop of Page
Criminal Background Checks Rules
Employees of early childhood care and education programs are required to undergo a criminal records check. Chapter 414, Division 61, Section 414-061-0050, as amended by CCD-3-2004, effective Aug. 1, 2004. ¶38-23,651.36.

Discrimination in the University System Rule
Topic added. Discrimination on the basis of age, disability, national origin, race, marital status, religion, gender, gender identity, gender expression or sexual orientation and sexual harassment is prohibited. Chapter 571, Division 3, Section 571-003-0025, as amended by UO 5-2004, effective Sept. 14, 2004. ¶38-20,075.01.

Bureau of Labor Rules of Administrative Procedure
Amendments conform the agency’s rule to the provisions of ORS 659A.820(1) relating to administrative actions for unlawful discrimination, whereby, except as provided in ORS 654.062, a complaint filed for unlawful discrimination under this section must be filed no later than one year after the alleged unlawful practice. The amendments also make technical changes. Chapter 839, Division 3, Section 839-003-0025, as amended Oct. 25, 2004. ¶38-20,126.25.

PennsylvaniaTop of Page
No Updates as of October 31, 2004
Puerto RicoTop of Page
No Updates as of October 31, 2004
Rhode IslandTop of Page
Unemployment Insurance Law
2004 rate information has been updated (RI ¶41-1700).
South CarolinaTop of Page
No Updates as of October 31, 2004
South DakotaTop of Page
No Updates as of October 31, 2004
TennesseeTop of Page
Child Support Enforcement Law
The law has been amended with respect to employer penalties (Ch. 735 (S. 2300), L. 2003).

Recordkeeping/Posters Law
The state has updated its child labor poster (English version). Also, the English version of the unemployment poster has been updated.

Unemployment Insurance Law
Rate information has been updated.

Workers' Compensation Law
Choice of physician provisions have been updated with respect to employer requirements (Ch. 962 (H. 3531), L. 2003.
TexasTop of Page
No Updates as of October 31, 2004
UtahTop of Page
Child Support Enforcement Law
The state has made amendments conforming the Uniform Interstate Family Support Act with other uniform laws and statutes (S. 136, L. 2004, at UT ¶46-5500).
VermontTop of Page
No Updates as of October 31, 2004
VirginiaTop of Page
No Updates as of October 31, 2004
Virgin IslandsTop of Page
Age Discrimination in Public Employment Law
Topic added. Employers are prohibited from discriminating against an individual because of age, unless there exists a bona fide occupational qualification reasonably necessary to the normal functions of the position held by such individual in which such individual is deficient. Title 3, Chapter 25, Subchapter IV, Section 530. ¶48-20,650.01.
WashingtonTop of Page
Minimum Wage Law
Washington's minimum wage will increase to $7.35 per hour beginning January 1, 2005 (WA ¶49-1000).

Unemployment Insurance Law
Rate information has been updated (WA ¶49-1700).
West VirginiaTop of Page
No Updates as of October 31, 2004
WisconsinTop of Page
Minimum Wage Law
Milwaukee's living wage rate has been adjusted (WI ¶51-1000).
WyomingTop of Page
Unemployment Insurance Law
Rate information has been updated (WY ¶52-1700).

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