State Law Changes

September 30, 2007 Update

Contracting with Women and Minority Owned Businesses E.O. 2007-21

All Executive Branch agencies shall rotate suppliers, regularly solicit new suppliers, and where practicable, shall request at least one quotation from a small, women- or minority-owned business capable of competent performance of the procurement requirements when soliciting procurements of $50,000 or less. All Executive Branch agencies shall track and report quotations, solicitations, and awards greater than $5,000 and, if practicable, greater than $1000. Reports for each fiscal year shall be submitted by electronic mail to the Department of Administration, State Procurement Administrator on or before August 31 of the ensuing fiscal year, beginning August 31, 2008. This order supersedes Executive Orders 2000-04, 2003-09, 2004-29. Executive Order 2007-21, signed August 17, 2007. ¶3-23,300.

Maximum Hours Law

The state has removed the repealer on provisions of existing law which establish a maximum workload for the examination of gynecologic slides by a cytotechnologist (Ch. 198 (S. 366), L. 2007, at CA ¶5-1300).

Minimum Wage Law

The current living wage rates for Fairfax are $14.61 per hour with employer sponsored benefits and $16.69 per hour without employer sponsored health benefits (CA ¶5-1000).

Workers' Compensation Law

Connecticut will require that before discontinuing or reducing total or partial disability benefit payments, an employer or an employer’s insurer must notify the Workers’ Compensation Commission and the employee of the reason for the proposed discontinuance or reduction and the date the change will begin. The employee will have 15 days after receiving the notice to request a hearing. The new provision specifies what must be included in the notice, and also provides for a penalty of up to $1,000 for delayed payment of compensation (S. 1036, L. 2007, at CT ¶7-4300).

Additionally, Connecticut has adopted a penalty to be assessed against employers that conceal the number or class of employees in order to pay a lower workers' compensation insurance premium. The penalty is issuance of a stop work order and a possible $1,000 per day fine for violating the order (S. 931, L. 2007, at CT ¶7-4300).

Family, Medical and Parental Leaves Law/Jury Duty and Court Attendance Leave Law

The state has provided an exemption from public records requirements for certain records and time sheets submitted to an agency by an employee who is a victim of domestic violence (Ch. 2007-108 (H. 63), L. 2007, at FL ¶10-7000 and FL ¶10-7100).

Employment of Aliens-Public Employment Rule—Topic added.

No public employer, contractor or subcontractor shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees on the following schedule: (a) On or after July 1, 2007, to public employers, contractors, or subcontractors of 500 or more employees; (b) On or after July 1, 2008, to public employers, contractors, or subcontractors of 100 or more employees; and (c) On or after July 1, 2009, to all other public employers, their contractors, or subcontractors. Title 300, Chapter 300-10-1, Sections 300-10-1.01 through 300-10-1.09, as adopted, effective June 18, 2007. ¶11-24,100.01 through ¶11-24,100.09.

Criminal Background Checks Rules

Currently, skilled nursing and intermediate care facilities participate in a pilot project for criminal history and background checks for workers who have access, or provide care to residents in long-term care facilities. The pilot project and federal funding for these checks expire on September 30, 2007. In order to protect vulnerable adults living in skilled nursing and intermediate care facilities, the Department Health and Welfare has decided to continue these criminal history and background checks. This rule change allows a facility to use either the Department's criminal history and background check or another entity's check. IDAPA 16, Title 03, Chapter 03, Sections 000 through 009, as adopted as temporary effective Oct. 1, 2007. ¶13-23,650.01 through ¶13-23,650.07.

Currently, home health agencies participate in a pilot project for criminal history and background checks for workers who have access, or provide care to individuals living in their own home. The pilot project and federal funding for these checks expire on September 30, 2007. The Department of Health and Welfare has decided to continue to require the Department's criminal history and background check for an individual who is employed or contracted with and has access to patients through a home health agency. IDAPA 16, Title 03, Chapter 07, Sections 005 through 010, as adopted as temporary effective Oct. 1, 2007. ¶13-23,600.11 through ¶13-23,600.16.

The pilot project for criminal history and background checks for workers who have access, or provide care to residents in long-term care facilities is to expire on September 30, 2007. In order to protect vulnerable adults living in residential care or assisted living facilities, the Department Health and Welfare has decided to continue these criminal history and background checks. This rule change allows a facility to use either the Department's criminal history and background check or another entity's check. IDAPA 16, Title 03, Chapter 22, Section 009, as adopted as temporary effective Oct. 1, 2007. ¶13-23,600.21.

The text of the Department of Health and Welfare’s pending rule was amended to add individuals in long-term care settings that were required to have criminal history and background checks through the federal pilot project that expired on September 30, 2007. The rules were also amended to update the list of individuals that are required to have checks under the Home and Community-Based Services (HCBS) in the Medicaid Enhanced Plan Benefits chapter. Other changes have been made to clarify that the Department may consider underlying facts and circumstances when making determinations on the results of the check. IDAPA 16, Title 05, Chapter 06, Sections 100, 170, 200, 210 and 230, as amended as pending effective Oct. 1, 2007. ¶13-23,650.85, ¶13-23,650.115, ¶13-23,650.129, ¶13-23,650.133, and ¶13-23,650.141.

Disability Law

It is the policy of the State of Illinois that information technology developed, purchased, or provided by the state is accessible to individuals with disabilities (P.A. 307 (S. 511), L. 2007, at IL ¶14-2600). 

Human Rights Act

A person who violates the Military Leave of Absence Act commits a civil rights violation within the meaning of Human Rights Act. Chapter 775, Act 5, Sections 5/1-103 and 5/6-102, as amended and enacted by P.A. 392 (S.B 1099), L. 2007, effective Aug. 23, 2007. ¶14-20,025.03 and ¶14-20,027.02.

Minimum Wage Law

Living wage rates for Chicago and Cook County have been updated (IL ¶14-1000).

Organ, Blood and Bone Marrow Donation Leave-Public Employees Law

An employee may use up to one hour or more to donate blood every 56 days, and up to 2 hours or more to donate blood platelets in accordance with appropriate medical standards established by the American Red Cross, America's Blood Centers, the American Association of Blood Banks, or other nationally-recognized standards. Chapter, Part 327, Section 327/20, as amended by P.A. 354 (H.B. 411), L. 2007, effective June 1, 2008. ¶14-22,950.04.

Preemployment Inquiries Law

The School Code has been amended to provide that a non-public elementary or secondary school may not obtain “Non-public School Recognition” status unless the school requires all applicants for employment with the school to authorize a fingerprint-based criminal history records check as a condition of employment to determine if such applicants have been convicted of specified criminal or drug offenses (S. 143, L. 2007, at IL ¶14-9000).

Recordkeeping/Posters Law

The recordkeeping provisions of the Day and Temporary Labor Services Act have been amended to define the term “hours worked.” Time records provisions have also been amended (S. 1314, L. 2007, at IL ¶14-9900).

Veteran’s Preference Act—Topic added.

In the employment and appointment to fill positions in the construction, addition to, or alteration of all public works undertaken or contracted for by the State, or by any political subdivision thereof, preference has been extended to members of the United States Reserve Forces, and Illinois National Guard. In addition, any person who knowingly and willfully violates the Act is guilty of a petty offense and shall be fined not less than $75, nor more than $300 for each offense. Chapter 330, Sections 55/1 and 55/3, as amended by H.B. 668, L. 2007, effective Aug. 31, 2007. ¶14-21,750.01 through ¶14-21,750.04.

Wage Payment Law

The wage payment and notice provisions of the Day and Temporary Labor Services Act have been amended (S. 1314, L. 2007, at IL ¶14-1200).

New Hire Reporting Law

The state's new hire reporting form has been updated (IN ¶15-1600).

Discrimination in State Employment E.O. 07-24—Topic added. 

All state agencies are required to make certain a strong program prohibiting discrimination
and harassment on account of race, color, gender, sexual orientation, gender identity, religion, national origin, ancestry, age, military or veteran status, or disability status. The program is to include training, and a prompt and confidential method for expressing complaints. Executive Order 07-24, signed Aug. 31, effective immediately. ¶17-20,029.01.

Fair Employment Practices Law

Kansas Governor Kathleen Sebelius has signed Executive Order 07-24 requiring all state agencies to put in place a strong program prohibiting discrimination and harassment on account of race, color, gender, sexual orientation, gender identity, religion, national origin, ancestry, age, military or veteran status, or disability status. The program is to include training, and a prompt and confidential method for expressing complaints. The order also requires diversity management programs, disability awareness programs, and affirmative action plans (Executive Order 07-24, at KS ¶17-2500).

Sexual Orientation Discrimination Law

Kansas Governor Kathleen Sebelius has signed Executive Order 07-24 requiring all state agencies to put in place a strong program prohibiting discrimination and harassment on account of sexual orientation and gender identity. The program is to include training, and a prompt and confidential method for expressing complaints (Executive Order 07-24, at KS ¶17-3100).

New Hire Reporting Law

The state's new hire reporting form has been updated (KY ¶18-1600).

Health Insurance and Benefit Coverage Law

The state has amended its health insurance coverage laws to provide a specific definition for “screening mammogram” (P.L. 153 (H. 93), L. 2007, at ME ¶20-4000).

Also, the state will require group insurers and HMOs to extend health insurance coverage for dependent children up to 25 years of age (H. 640, L. 2007, at ME ¶20-4000).

Workers' Compensation Law

Maine has authorized penalties to be assessed when an undisputed medical bill is not paid within
30 days after the carrier receives notice of nonpayment by certified mail or if the bill is paid by the employee. The penalty is the lesser of $50 or the amount of the bill to be added to the bill and paid to the billing provider or, if paid by the employee, to the employee, for each day over 30 days in which the bills are not paid, subject to a maximum of $1,500 (H. 1297, L. 2007, at ME ¶20-4300).

Minimum Wage Law

The current living wage rate for Baltimore is $9.62 per hour (MD ¶21-1000).

Health Insurance Benefit Coverage Law

The Commonwealth Health Insurance Connector Authority has revised the cafeteria plan filing requirement of the Massachusetts Health Care Reform Law. An employer subject to the cafeteria plan requirement must submit a copy of its Code Sec. 125 cafeteria plan to the Connector within seven business days of the Connector’s request, according to an Administrative Information Bulletin (Bulletin) issued on September 5, 2007. A previously issued Administrative Information Bulletin (02-07), which contained an automatic filing requirement, is superseded by this Bulletin.

The Bulletin also states that any Code Sec. 125 cafeteria plan maintained by an employer that is not available to any employees employed at a Massachusetts location is not subject to the filing requirement.

The Bulletin provides guidance concerning certain classes of employees that are excludable from participation in an employer’s cafeteria plan and the definition of independent contractor (Administrative Information Bulletin 03-07, September 5, 2007, at MA ¶22-4000).

Minimum Wage Law

Living wage rates for Boston and Cambridge have been updated (MA ¶22-1000).

Minimum Wage Law

Living wage rates for Ingham County and Ann Arbor have been updated (MI ¶23-1000).

Health Insurance Benefit Coverage Law

Health plans must now cover hearing aids for individuals 18 years of age or younger for hearing loss that is not correctable by other covered procedures. Under prior law, hearing aids were covered only if the hearing loss was due to functional congenital malformation of the ears (Ch. 60 (S. 805), L. 2007, at MN ¶24-4000).

Minimum Wage Law

The living wage rates for Minneapolis and St. Paul have been updated (MN ¶24-1000).

Nondiscrimination, Affirmative Action in State Employment Law

By March 1 of each odd-numbered year, the commissioner shall submit a report on affirmative action progress of each agency and the state as a whole to the governor and to the Finance Committee of the senate, the Ways and Means Committee of the house of representatives, the Governmental Operations Committees of both houses of the legislature, and the Legislative Coordinating Commission. The report must include noncompetitive appointments made, and cover each agency's rate of compliance with affirmative action requirements. Chapter 43A, Section 43A.191, as amended by Ch. 35 (S.B. 1236), L. 2007, effective Aug. 1, 2007. ¶24-20,026.191.

Minimum Wage Law

The current living wage rates for St. Louis are $10.73 per hour with health benefits, or $13.74 per hour without health benefits (MO ¶26-1000).

Recordkeeping/Posters Law

The St. Louis living wage poster has been updated (MO ¶26-9900).

Preemployment Inquiries Law

The state has enacted a law requiring the Director of the Department of Business and Industry to include on the department website a link to the Social Security Administration for employers to verify employee social security numbers. Effective October 1, 2007, the law will also provide for an administrative fine to be imposed against a person who holds a state business license if the person willfully, flagrantly or otherwise egregiously engages in the unlawful hiring or employment of an unauthorized alien in violation of federal law (Ch. 316 (A. 383), L. 2007, at NV ¶29-9000).

Access to Personnel Files Law

Health, fitness, lifestyle, and other information obtained from employees by their employer or the employer's agents for purposes of providing employees with a health risk assessment or other wellness program shall not be considered personnel records, shall not be retained in an employee personnel file, and shall be inadmissible in any proceedings under RSA 281-A. Title XXIII, Chapter 275, Section 275:56, as amended by Ch. 263 (H.B. 2), L. 2007, effective July 1, 2007. ¶30-23,700.01.

Workers' Compensation Law

New Hampshire employers are required to post a notice along with the “Know Your Rights” posting which includes information about the criteria used to classify a person as an employee or independent contractor (H. 336, L. 2007, at NH ¶30-4300).

Preemployment Inquiries Law

The state has enacted a law requiring fingerprinting and a background check for a volunteer or staff member at a juvenile justice facility (Ch. 65 (S. 471), L. 2007, at NM ¶32-9000).

Criminal Background Checks Law

It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law in connection with the employment of such individual. New York Executive Law, Article 15, Section 296, as amended by S.B. 3092, L. 2007, effective Nov. 1, 2007. ¶33-23,600.76.

Human Rights Law

It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation
or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law in connection with the employment of such individual. New York Executive Law, Article 15, Section 296, as amended by S.B. 3092, L. 2007, effective Nov. 1, 2007. ¶33-20,025.06.

Maximum Hours Law

Public works contracts must include a stipulation that no laborer, worker or mechanic can work more than eight hours a day or five days a week, except in cases of extraordinary emergency. This applies to all public works contracts to which the state or a public benefit corporation or a municipal corporation or a commission appointed pursuant to law is a party, and, effective October 27, 2007, any contract for public work entered into by a third party acting in place of, on behalf of and for the benefit of such public entity pursuant to any lease, permit or other agreement between such third party and the public entity (S. 6356, L. 2007, at NY ¶33-1300).

Minimum Wage Law

Until June 30, 2008, the living wage rate for Rochester is $9.95 per hour with benefits and $11.11 per hour without benefits (NY ¶33-1000).

Preemployment Inquiries Law

It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, or, effective November 1, 2007, by a youthful offender adjudication, or by a conviction for specified sealed violations, in connection with the employment of such individual (S. 3092, L. 2007, at NY ¶33-9000).

Recordkeeping/Posters Law

The Labor Law has been amended with respect to recordkeeping and posting requirements for public works contractors and subcontractors (A. 9052, L. 2007, at NY ¶33-9900).

Unemployment Insurance Law

The summary has been revised (NY ¶33-1700).

Wage Payment Law

Effective February 4, 2008, public works contractors and subcontractors will be required to notify their laborers, workers and mechanics in writing of the prevailing rate of wage for their particular job classification (A. 9052, L. 2007, at NY ¶33-1200).

Access to Personnel Files Law

The state has enacted a law clarifying the public's access to public employee personnel records (Session Law 2007-508 (S. 1546), L. 2007, at NC ¶34-8500).

Access to Personnel Records and Reports-Public Employees Law

The state has enacted a law clarifying the public's access to public employee personnel records. Chapter 126, Article 7, Section 126-23, as amended by S.L. 207-508 ( S.B. 1546), L. 2007, effective Aug. 30, 2007. ¶34-23,700.01.

Criminal Background Checks Law

The state has enacted a law authorizing criminal history record checks of employees and applicants for employment with the Department of Public Instruction. Chapter 114, Article 4, Section 114-19.21, as enacted by S.L. 2007-516 (H.B. 1659), L. 2007, effective Oct. 1, 2007. Para 34-23,600.02.

Health Insurance Benefit Coverage Law

The state has enacted a law requiring equity in health insurance coverage for mental illness. The law takes effect July 1, 2008 (Session Law 2007-268 (H. 973), L. 2007, at NC ¶34-4000).

Preemployment Inquiries Law

The state has enacted a law authorizing criminal history record checks of employees and applicants for employment with the Department of Public Instruction (Session Law 2007-516 (H. 1659), L. 2007, at NC ¶34-9000).

Also, local fire chiefs, county fire marshals and local emergency services directors are now authorized to request criminal histories from the Department of Justice for applicants to fire departments and emergency medical services in units of local government (Session Law 2007-479 (H. 1322), L. 2007, at NC ¶34-9000).

Veterans’ Preference in Employment Law—Topic added.

The State Personnel Commission shall provide that in evaluating the qualifications
of an eligible veteran against the minimum requirements for obtaining a position, credit shall be given for all military service training or schooling and experience that bear a reasonable and functional relationship to the knowledge, skills, and abilities required for the position. This preference applies to initial employment with the State and extends to other employment events including subsequent hirings, promotions, reassignments, and horizontal transfers. Chapter 126, Article 13, Section 126-81 through 126-83, as amended by .L. 2007-286 (H.B. 1412), L. 2007, effective July 27, 2007. ¶34-21,750.01 through ¶34-20,750.03.

Also, In all evaluations of applicants for positions with this State or any of its departments, institutions or agencies, a preference shall be awarded to all eligible veterans who are citizens of the State and who served the State or the United States honorably in either the army, navy, marine corps, nurses' corps, air corps, air force, coast guard, or any of the armed services during a period of war. This preference applies to initial employment with the State and extends to other employment events including subsequent hirings, promotions, reassignments, and horizontal transfers. Chapter 128, Section 128-15, as amended by S.L. 2007-286 (H.B. 1412), L. 2007, effective July 27, 2007. ¶34-21,750.11.

Smoking in the Workplace Law

Before October 1, 2007, the office of management and budget shall develop and implement a uniform policy regarding smoking restrictions with respect to the outdoor areas near the public entrances of all buildings on the state capitol grounds (Ch. 243 (S. 2090), L. 2007, at ND ¶35-2700).

Unemployment Insurance Law

The current maximum weekly benefit amount in North Dakota is $385, and the minimum is $43 (ND ¶35-1700).

Preemployment Inquiries Law

Beginning July 1, 2008, public employers, including contractors and subcontractors, will be required to verify work authorization of all new employees. Contractors will be required to register and participate in the Status Verification System to verify the work eligibility of all new employees. In addition, it will be discriminatory for public employers to discharge a legal U.S. resident working in Oklahoma while retaining an illegal immigrant hired after July 1, 2008, in a comparable job (H. 1804, L. 2007, at OK ¶37-9000).

Health Insurance Benefit Coverage Law

The state has enacted a law requiring health insurers that provide coverage for cochlear implants to provide coverage of bilateral cochlear implants (S. 491, L. 2007, at OR ¶38-4000).

Military and Emergency Services Leave Law

The state has enacted a law that permits an employer to provide unpaid leave for search and rescue volunteers (S. 1002, L. 2007, at OR ¶38-7200).

Minimum Wage Law

The minimum wage in Oregon will increase by 15 cents to $7.95 per hour effective January 1, 2008, announced Oregon Labor Commissioner Dan Gardner on September 19, 2007 (Oregon Bureau of Labor and Industries (BOLI) Press Release), September 19, 2007, at OR ¶38-1000).

In November 2002, Oregon voters passed Ballot Measure 25, which requires the Commissioner of the Bureau of Labor and Industries to annually adjust the minimum wage for inflation based on increases in the Consumer Price Index (CPI). The annual adjustment is to be calculated every September, rounded to the nearest five cents, and becomes effective the following January. This year the CPI increased by 1.97 percent, which translates into a 15-cent-per-hour increase under this formula.

Employers will receive a poster reflecting the new minimum wage rate in December in time to post it on January 1, 2008. New posters will also be available for downloading on the BOLI website in December.

Smoking in the Workplace Law

Effective January 1, 2009, the state will expand the prohibition of smoking in public places and places of employment, with specified exceptions. The fine for permitting smoking in places of employment will be increased, and the provisions prohibiting smoking in or near hospitals will be modified. The Director of Human Services will be allowed to impose civil penalties for violations, and smoking will be allowed in certain cigar bars (S. 571, L. 2007, at OR ¶38-2700).

Unemployment Insurance Law

The current maximum weekly benefit amount is $445, and the minimum weekly benefit amount is $104 (OR ¶38-1700).

Regulation Regarding Employment Record Retention—Topic added.

A record, document and data pertaining to the employment, transfer, promotion and dismissal of individuals actually employed shall be preserved by employers subject to the Pennsylvania Human Relations Act for 120 days following termination of employment. Title 16, Chapter 41, Sections 41.81 and 41.82. ¶39-23,950.01 and ¶39-23,950.02.

Health Insurance Benefit Coverage Law

Health insurance plans issued, renewed, delivered, or entered into on or after July 1, 2008, must provide coverage for the treatment of autism spectrum disorder in a covered person diagnosed at age eight or younger (S. 20, L. 2007, at SC ¶42-4000).

Workers' Compensation Law

South Carolina has added definitions, overridden case law and augmented penalties in its newly revised workers’ compensation law (S. 332, L. 2007, at SC ¶42-4300).

Workers' Compensation Law

The Tennessee Supreme Court has clarified the deadline for filing occupational disease workers’ compensation claims (William W. Brown, Jr., et al v. Erachem Comilog, Inc., No. M2005-01825- C-WCM-CV, August 30, 2007, at TN ¶44-4300).

Child Support Enforcement Law

Texas' child support enforcement law has been amended to add provisions allowing withholding from severance pay and placing restrictions upon lump sum payments (Ch. 972 (S. 228), L. 2007, at TX ¶45-5500).

Fair Employment Practices Law

A public agency, state or local taxing jurisdiction, or economic development corporation shall require a business that submits an application to receive a public subsidy to include in the application a statement certifying that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker (Ch. 853 (H. 1196), L. 2007, at TX ¶45-2500).

Family, Medical and Parental Leaves Law

The State Employees Health Fitness and Education Act of 1983 has been amended to add agency wellness policies. A state agency may allow each employee 30 minutes during normal working hours for exercise three times each week; allow all employees to attend on-site wellness seminars when offered; and provide eight hours of additional leave time each year to an employee who (1) receives a physical examination; and (2) completes either an online health risk assessment tool provided by the board or a similar health risk assessment conducted in person by a worksite wellness coordinator (H. 1297, L. 2007, at TX ¶45-7000).

Health Insurance Benefit Coverage Law

Texas has expanded its coverage requirements for acquired brain injuries, and has redefined “serious mental illness” for purposes of the health insurance laws. Coverage requirements for children with autism spectrum disorder have also been added. These changes will take effect January 1, 2008 (Ch. 877 (H. 1919), L. 2007, at TX ¶45-4000).

Military and Emergency Services Leave Law

A private employer may not terminate the employment of a permanent employee who is a member of the state military forces of this state or any other state because the employee is ordered to authorized training or duty by proper authority. Material in italics was added by this law (S. 311, L. 2007, at TX ¶45-7200).

New Hire Reporting Law

The state has added a civil penalty to be imposed upon employers who knowingly violate the new hire reporting law (Ch. 972 (S. 228), L. 2007, at TX ¶45-1600).

Overtime Pay Law

The state has amended its Local Government Code with respect to overtime pay for firefighters (H. 1562, L. 2007, at ¶45-1100).

Preemployment Inquiries Law

The state has enacted a law relating to access to criminal history record information by certain county attorneys (S. 1196 and H. 3211, L. 2007, at TX ¶45-9000).

Additionally, the state has enacted a law relating to access to criminal history record information by state appellate courts (S. 885, L. 2007, at TX ¶45-9000), and a law relating to the use of electronically readable information on a driver's license or personal identification certificate by certain organizations that sponsor youth programs (S. 955, L. 2007, at TX ¶45-9000).

Effective September 1, 2007, the state enacted a law relating to certain convictions barring employment at certain facilities serving the elderly or persons with disabilities (S. 199, L. 2007, at TX ¶45-9000).

Also effective September 1, 2007, before a law enforcement agency may hire a licensed person, the agency head must obtain the person's written consent for the agency to view the person's employment records, and the agency must also make the person's employment records available to a hiring law enforcement agency on request (H. 2445, L. 2007, at TX ¶45-9000).

Whistleblower Protection Law

The state has enacted a law specifically prohibiting retaliation against employees who report possible abuse, neglect or exploitation of certain persons receiving home and community-based services (Ch. 391 (S. 744), L. 2007, at TX ¶45-3600).

Criminal Background Checks Rules

The continuation of criminal background checks rules for child care employees was necessary in order for the Department of Health to continue to fulfill its statutory responsibility to regulate child care programs in order to protect the health and safety of the children in these programs. Rule 430- 6, Sections R430-6-1 through R430-6-9, as continued effective Aug. 13, 2007. ¶46-23,651.01 through ¶46-23,651.09.

Minimum Wage Law

Until June 30, 2008, the living wage for Alexandria is $12.75 per hour.

The Fairfax County Board of Supervisors has approved the adoption of a living wage of
$12.75 an hour for all merit, regular, retirement-eligible county employees, effective September 15, 2007.

The living wage rate for Arlington County has also been updated (VA  ¶48-1000).

Criminal Background Checks Rules

The director of the Department of Early Learning (DEL) or designee must conduct background checks on all employees in covered positions and individuals being considered for a covered position. The background check information considered by the director of the DEL will include but not be limited to conviction records, pending charges, and disciplinary board final decisions. Title 357, Chapter 357-19, Sections 357-19-183, 357-19-184, 357-19-185, 357-19-186, 357-19-187, 357-19-188, 357-19-189, and 357-19-191, as amended effective Sept. 20, 2007. ¶49-23,650.60 through ¶49-23,650.67.

Minimum Wage Law

Until June 30, 2008, the living wage rate for Bellingham is $10.92 per hour with benefits and $12.56 per hour without benefits (WA ¶49-1000).

Violence in the Workplace Law

The state has enacted the Marty Smith Law, which provides that no mental health professional or crisis intervention worker shall be required to respond to a private home or other private location to stabilize or treat a person in crisis, or to evaluate a person for potential detention, unless a second trained individual accompanies them. The law also provides that no retaliation shall be taken against a worker who refuses to go alone (Ch. 2007-360 (H. 1456), L. 2007, at WA ¶49-3300).