State Law Changes

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CCH® State Employment Law Changes are brief summaries of information contained in the State Employment Law Library on IntelliConnect. You must be a subscriber to this product to access the links in the monthly compilations.

July 26, 2011 Update

Alabama Top of Page

Employment Verification, Immigration

On June 9, 2011, Robert Bentley, the Republican governor of Alabama, signed into law legislation that dramatically increases penalties against undocumented aliens and the employers who seek to hire them. The new law, scheduled to take effect September 1, was modeled on the controversial Arizona law that allowed law enforcement officers to detain any person whom they suspected of being in the country illegally. Critics say that the Alabama version is even stricter.

H. 56 makes it a crime for any undocumented worker to knowingly apply for, solicit or perform work, and would make that crime punishable by a fine of not more than $500. In addition, the measure requires all businesses and employers in the state to use the E-Verify program to ensure that their new hires are, in fact, eligible to work. Businesses with less than 26 employees can contact the state’s Department of Homeland Security, which would then use the program to check on eligibility. The law prohibits the knowing employment of an undocumented alien. First offenses would result in a maximum 10-day suspension of an entity’s business license, and a second offense would result in the revocation of that license. However, employers who used E-Verify to check on the status of a worker later found to be an undocumented alien will not be held accountable. Full text, State Employment Law Library 1-24,050.01 et seq. Summaries, State Employment Law Library 1-9000.

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Alaska Top of Page
No Updates as of July 26, 2011
Arizona Top of Page

Employment Verification, Immigration

The state has enacted a law providing that a person who is present in Arizona in violation of federal immigration law relating to improper entry by an alien may not be awarded punitive damages in any court action in Arizona (Ch. 137 (H. 2191), L. 2011, effective April 18, 2011, and applicable retroactively to any cause of action that accrues on or after January 1, 2004). Full text, State Employment Law Library 3-49,014.

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Military Leave

Officers and enlisted personnel of the Arizona National Guard, while on state active duty exceeding 30 consecutive days by order of the governor or adjutant general, are to be considered employees of the state and, subject to appropriation, are eligible for health and accident insurance benefits, including dependents. Such benefits end upon completion of state active duty orders (Ch. 245 (S. 1134), L. 2011, effective July 20, 2011). Full text, State Employment Law Library 3-58,001a.

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Prevailing Wages

Arizona law prohibits state agencies and political subdivisions from requiring public works contracts to contain a provision requiring contractors and subcontractors to pay no less than prevailing wages for work of a similar nature in the state or political subdivision where the project is located. This law has been amended to prohibit a state agency or political subdivision from requiring in a public works contract that a contractor, subcontractor, material supplier or carrier negotiate, execute or otherwise become a party to any project labor agreement or other agreement with employees, employees' representatives or any labor organization as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract. This does not: (1) prohibit private parties from entering into individual collective bargaining relationships; or (2) regulate or interfere with activity protected by law, including the National Labor Relations Act (S. 1403, L. 2011, effective July 20, 2011). Full text, State Employment Law Library 3-50,001.

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Arkansas Top of Page
No Updates as of July 26, 2011
California Top of Page

Minimum Wage

Effective July 1, 2011, until June 30, 2012, the living wage for Ventura County is $10.00 per hour with $2.00 per hour in health benefits, or a full cash wage of $12.00 per hour. Summaries, State Employment Law Library 5-1000.

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The City of Los Angeles has also increased its living wage rates. Effective July 1, 2011, the living wage rate for the city increased to $10.42 per hour with health benefits of at least $1.25 per hour, or $11.67 per hour without health benefits. For airport employees, the living wage rate also increased to $10.42 per hour with health benefits, and if health benefits are not provided, the rate is now $14.97 per hour. Summaries, State Employment Law Library 5-1000.

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Effective through June 30, 2012, the minimum wage set by Santa Monica's living wage ordinance is $13.54 an hour for service contracts that are $54,200 or more. Summaries, State Employment Law Library 5-1000.

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Other local jurisdictions that have amended their living wage rates include Irvine, San Leandro, San Diego and Santa Barbara. Summaries, State Employment Law Library 5-1000.

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Recordkeeping/Posters

The Ventura County living wage poster has been updated. Additionally, the San Leandro living wage poster has been updated, along with Los Angeles Form LW 11 (notice to employees of the city’s living wage ordinance in English and Spanish). The following posters have been added: Notice to Employees Re: Retaliation (English and Spanish); Los Angeles Living Wage Poster for City Contractors; and Los Angeles Living Wage Poster for Airport Contractors. Summaries, State Employment Law Library 5-9900.

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Colorado Top of Page

Blacklisting

The state has enacted a law allowing employers to disclose information concerning mistreatment of persons with developmental disabilities known about an individual employed to work with a person with a developmental disability in response to a request from a current or prospective employer of the individual. The disclosing employer is exempt from civil liability for the disclosure and will not be considered to be blacklisting (Ch. 280 (S. 193), L. 2011, effective July 1, 2011). Full text, State Employment Law Library 6-64,003b. Summaries, State Employment Law Library 6-2500.

Full text, State Employment Law Library 6-64,003b.

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Summaries, State Employment Law Library 6-2500.

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Connecticut Top of Page

Fair Employment Practices

Effective October 1, 2011, gender identity or expression will be a protected class under Connecticut’s Human Rights and Opportunities Act. Employers will be prohibited from discriminating against an individual in compensation, terms, conditions or privileges of employment because of gender identity or expression. Also, employers may not harass any employee or applicant on the basis of gender identity or expression. Exceptions are made for religious entities (P.A. 11-55 (H. 6599), L. 2011). Full text, State Employment Law Library 7-20,025.01, 7-20,025.08 through 7-20,025.10, 7-20,025.141, 7-20,025.20 through 7-20,025.22, 7-20,025.25, and 7-20,025.61. Summaries, State Employment Law Library 7-2500.

Full text, State Employment Law Library 7-20,025.01, 7-20,025.08 through 7-20,025.10, 7-20,025.141, 7-20,025.20 through 7-20,025.22, 7-20,025.25, and 7-20,025.61.

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Summaries, State Employment Law Library 7-2500.

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Family and Medical Leave Law

Gov. Dannel P. Malloy of Connecticut has signed Public Act No. 11-52, making his state the first in the country to require public employers to give paid sick leave to their employees. The state’s top Democrat signed “An Act Mandating Employers Provide Paid Sick Leave to Employees,” into law following passage of the legislation by the state House and Senate; the bill goes into effect January 1, 2012.

The Act applies to private and public employers employing at least 50 workers, but exempts manufacturers and tax-exempt organizations that provide recreation, child care, and educational services. Covered employers are required to give up to 40 hours per year of paid leave to “service workers,” defined as those who are engaged in service to an employer in the employer’s business, who have worked at least 520 hours for the employer within the past 12 months, and who are either paid on an hourly basis, or who are not exempt employees under the FLSA. Covered employees at the rate of one day for every 40 hours worked up to a maximum of 40 hours of paid sick leave per year, and employees could carry over up to 40 unused hours to the next year. The law states that it is not intended to supplant an employer’s current, more generous leave policy, but rather is intended as a floor for the provision of paid sick leave.

Employees can use the sick leave for a variety of reasons, including personal health issues and medical issues affecting a spouse, child or parent. The law states that employers may require notice of the intent to use sick leave when that leave is foreseeable and that, for leaves lasting more than three days, employers may require supporting documentation. Sections 1 through 6, as enacted by P.A. 11-52 (S. 913), L. 2011, effective Jan. 1, 2012. Paras 7-22,450.21 through 7-22,450.26.

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Family, Medical and Parental Leaves

Connecticut has become the first state to pass a paid sick leave law. Governor Dannel Malloy signed the bill on July 1, and it will take effect January 1, 2012. Under the law, employers with 50 or more employees will be required to provide paid sick leave to certain employees for use for the employee's sickness; the employee's child's, parent's or spouse's sickness; or to deal with sexual assault or family violence issues. An employee will be entitled to the use of accrued paid sick leave upon the completion of the employee's 680th hour of employment from January 1, 2012, if the employee was hired prior to January 1, 2012, or if hired after January 1, 2012, upon the completion of the employee's 680th hour of employment from the date of hire, unless the employer agrees to an earlier date (P.A. 11-52 (S. 913), L. 2011). Full text, State Employment Law Library 7-22,450.21 through 7-22,450.26. Summaries, State Employment Law Library 7-7055.

Full text, State Employment Law Library 7-22,450.21 through 7-22,450.26.

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Human Rights and Opportunities Act

Effective October 1, 2011, gender identity or expression will be a protected class under Connecticut’s Human Rights and Opportunities Act. Under P.A. 11-55, employers will be prohibited from discriminating against an individual in compensation, terms, conditions or privileges of employment because of gender identity or expression. Also, employers may not harass any employee or applicant on the basis of gender identity or expression. However, religious corporations, entities, associations, educational institutions or societies with respect to the employment of individuals to perform work connected with the carrying on by such corporation, entity, association, educational institution or society of its activities, or with respect to matters of discipline, faith, internal organization or ecclesiastical rule, custom or law that are established by such corporation, entity, association, educational institution or society are exempt from the provisions. Title 46a, Chapter 814c, Sections 46a-51, 46a-58 through 46a-60, 46a-64, 46a-70 through 46a-72, 46a-75, and new section to be codified, as amended and enacted by P.A. 11-55 (H. 6599), L. 2011, effective Oct. 1, 2011. Paras 7-20,015.01, 7-20,025.08 through 7-20,025.10, 7-20,025.141, 7-20,025.20 through 7-20,025.22, 7-20,025.25 and 7-20,025.61.

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Minimum Wage

The living wage rate for Hartford for 2011-2012 with family comprehensive health insurance is $12.89 per hour. The living wage rate without comprehensive family health insurance is $20.34 per hour. Summaries, State Employment Law Library 7-1000.

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Unemployment Insurance

The current fund balance tax is 1.4%, the maximum contribution rate is 6.8%, and the minimum contribution rate is 1.9%. New employers pay 3.7% in 2011. Summaries, State Employment Law Library 7-1700.

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Delaware Top of Page
No Updates as of July 26, 2011
D.C. Top of Page

Unemployment Insurance

Table V remains in effect for 2011 in the District of Columbia. Positive-balance employers pay rates ranging from 1.6% to 4.2%, and negative-balance employers pay rates ranging from 5.8% to 7.0%. New employers continue to pay 2.7%. The administrative assessment of 0.2% is also in effect this year. Summaries, State Employment Law Library 9-1700.

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Florida Top of Page

Workers’ Compensation

The state has amended its workers’ comp law with respect to extraterritorial reciprocity (Ch. 2011-171 (H. 723), L. 2011). Summaries, State Employment Law Library 10-4300.

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Georgia Top of Page

Employment Verification, Immigration

Georgia Governor Nathan Deal is saying that his state will fight a federal court ruling that cut two key provisions from the recently enacted immigration law. In a statement released by Deal’s office, the governor said that the ruling demonstrated that the federal government is not focused on the problem of illegal immigration.

In his ruling, U.S. District Judge Thomas Thrash Jr. blocked enforcement of sections that allowed state and local law enforcement officers to arrest, detain or prosecute anyone whom they believed might be in the country illegally. Thrash left 23 other provisions, including provisions that punish employers for hiring and employing illegal immigrants, to stand. Thus, employers are still required to use E-Verify to verify their employees’ ability to work in the United States, to affirmatively state that they are in compliance with the law. Employers who violate the law would be guilty of a misdemeanor.

In his statement, Deal took issue with the judge’s concern that “ ‘all illegal aliens will leave Georgia’ if the law is enforced, as if it is appalled at the thought of people attaining visas before coming to our nation.” Deal vowed to appeal the decision.

For a summary of Georgia’s immigration law, see Summaries, State Employment Law Library 11-2500.

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Hawaii Top of Page

Background Checks

The state has enacted a law allowing it to retain fingerprints of employment and licensing applicants for whom criminal history record checks are authorized statutorily so that the state can implement a statewide “Rap Back” program, which will allow employers to request notification if applicants are arrested in the future. The new Hawaii law notes that in 2013, two new FBI programs will go into effect, one of which is the Rap Back program, and the other, the “Next Generation IAFIS,” which will include the retention of applicant prints collected by the states (H. 1009, L. 2011, effective July 1, 2011). Full text, State Employment Law Library 12-23,601.03. Summaries, State Employment Law Library 12-9000.

Full text, State Employment Law Library 12-23,601.03.

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Summaries, State Employment Law Library 12-9000.

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Fair Employment Practices Act

Effective July 1, it will be unlawful for a Hawaii employer or labor organization with 100 or more employees and a collective bargaining agreement to bar or discharge from employment, withhold pay from, or to demote an employee based on the employee’s use of accrued and available sick leave. The law does provide, however, that after an employee uses three or more consecutive days of sick leave, the employer or labor organization may require that the employee provide written verification from a physician indicating the employee was ill when the sick leave was used. The law would not impact the provisions of a collective bargaining agreement or employee benefits program or plan that provides for greater employee benefits or rights. Title 21, Chapter 378, Part III, Section 378-32, as amended by S. 1076, L. 2011, enacted June 14, 2011, and effective July 1, 2011. Para 12-20,025.32.

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Fair Employment Practices Act

Hawaii enacted a law adding domestic or sexual violence victim status as a protected class, effective Jan. 1, 2012. Employers will be prohibited from discriminating against an employee or applicant for employment based upon the employee's or the applicant's domestic or sexual violence victim status if the victim provides notice to his or her employer of such status or the employer has actual knowledge of such status. The law also provides that an employer may verify that an employee is a victim of domestic or sexual violence. Title 21, Chapter 378, Part I, Sections 378-1 and 378-2, as amended by S. 229, L. 2011, effective Jan. 1, 2012. Paras 12-20,025.01 and 12-20,025.02.

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Fair Employment Practices Act

Effective July 1, 2011, it is unlawful for a Hawaii employer or labor organization with 100 or more employees and a collective bargaining agreement to bar or discharge from employment, withhold pay from, or demote an employee based on the employee's use of accrued and available sick leave. The law does provide, however, that after an employee uses three or more consecutive days of sick leave, the employer or labor organization may require that the employee provide written verification from a physician indicating the employee was ill when the sick leave was used. The law would not impact the provisions of a collective bargaining agreement or employee benefits program or plan that provides for greater employee benefits or rights (Act 118 (S. 1076), L. 2011, enacted June 14, 2011). Full text, State Employment Law Library 12-20,025.32 and 12-46,091. Summaries, State Employment Law Library 12-2500.

Full text, State Employment Law Library 12-20,025.32 and 12-46,091.

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Summaries, State Employment Law Library 12-2500.

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Effective January 1, 2012, employers will be prohibited from discriminating against an employee or applicant for employment based upon the employee's or the applicant's domestic or sexual violence victim status if the victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status. Employers will be allowed to verify that an employee is a victim of domestic or sexual violence (S. 229, L. 2011). Full text, State Employment Law Library 12-20,025.01 and 12-20,025.02. Summaries, State Employment Law Library 12-2500.

Full text, State Employment Law Library 12-20,025.01 and 12-20,025.02.

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Summaries, State Employment Law Library 12-2500.

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Criminal Background Checks Law

Hawaii has enacted a law allowing it to retain fingerprints of employment and licensing applicants for whom criminal history record checks are authorized statutorily so that the state can implement a statewide ``Rap Back’’ program, which will allow employers to request notification if applicants are arrested in the future. The new Hawaii law notes that in 2013, two new FBI programs will go into effect, one of which is the Rap Back program, and the other, the ``Next Generation IAFIS,’’ that will include the retention of applicant prints collected by the states. Division 5, Title 38, Chapter 846, Section 846-2.7, as amended by (H. 1009, L. 2011, effective July 1, 2011. 12-23,601.03.

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Labor Relations/Plant Closings

The state has enacted a law providing that the Department of Labor and Industrial Relations is to enforce provisions relating to dislocated workers (Act 137 (S. 1089), L. 2011, effective July 1, 2011). Full text, State Employment Law Library 12-52,009 and 12-63,042.

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Prevailing Wages

Under current law, each investigation of a contractor that reveals violations of the prevailing wage law may result in a finding of only one violation even though the contractor may have committed multiple or recurring violations on multiple public work projects. This law is amended to ensure that a separate violation shall be found for each separate project for which the Department of Labor and Industrial Relations finds that a contractor has failed to comply with the law (H. 1434, L. 2011, effective June 23, 2011). Full text, State Employment Law Library 12-50,024.

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Victims Leave Law

Effective Jan. 1, 2012, a new subpart will be added to the Hawaii Victims Leave Act requiring employers to provide reasonable accommodations in the workplace. These accommodations may include changing contact information, such as telephone numbers, fax numbers, or e-mail addresses, of the employee; screening the telephone calls of the employee; restructuring the job functions of the employee; changing the work location of the employee; installing locks and other security devices; and allowing the employee to work flexible hours. Any employee denied reasonable accommodations by an employer in violation of this subpart may file a civil action against the employer to enforce this subpart and recover costs, including reasonable attorney's fees, incurred in the civil action. Title 21, Chapter 378, Sections 378-71 through 378-74 and two sections yet to be codified, as amended and enacted by S. 229, L. 2011, effective Jan. 1, 2012. Paras 12-21,050.01 through 12-21,050.09.

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Wage Payment

It is a crime for an employer to intentionally or knowingly, or with the intent to defraud, fail or refuse to pay wages to an employee, except where required by federal or state statute or by court process. In addition to any other penalty, a person convicted of the offense of nonpayment of wages will be subject to a fine of $2,000 to $10,000 for each offense. If an amount owed is equal to or greater than $2,000, or if the defendant convicted of nonpayment of wages falsely denies the amount or validity of the wages owed, nonpayment of wages is considered a Class C felony. If the amount owed is less than $2,000, nonpayment of wages is considered a misdemeanor. It is a separate offense for each pay period during which the employee earned wages that the person failed or refused to pay. If no set pay periods were agreed upon between the employer and the employee at the time work commenced, pay periods are considered to be bi-weekly. In addition, an employer may be ordered by the court to pay restitution to the employee for the amount that is the greater of (1) unpaid wages earned or (2) the value of the employee’s labor or services, as guaranteed under federal minimum wage provisions. Affected employees may bring a civil action to recover wages owed. “Employee” is defined as any person working for another person for hire, including a person employed in domestic service or at a family’s or person’s home, any individual employed by the individual’s spouse, or by an independent contractor (Act 146 (H. 141), L. 2011, effective July 1, 2011). Full text, State Employment Law Library 12-46,097.

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Idaho Top of Page
No Updates as of July 26, 2011
Illinois Top of Page
No Updates as of July 26, 2011
Indiana Top of Page
No Updates as of July 26, 2011
Iowa Top of Page
No Updates as of July 26, 2011
Kansas Top of Page
No Updates as of July 26, 2011
Kentucky Top of Page
No Updates as of July 26, 2011
Louisiana Top of Page

Child Labor

Louisiana has amended its child labor law. The amendment provides for limitations in the employment of minors as well as technical changes and alterations to update terms and bring the state’s employment law in line with federal laws as it relates to minors. Also, there are updates to the provisions dealing with minors employed in the performing arts, including theatrical arts and motion picture or television productions, proof of age, delivery of employment certificates to employers, meal breaks, documentation of such breaks, and allowable hours when school is in session (Act 177 (H. 303), L. 2011). Summaries, State Employment Law Library 19-1500.

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Employment of Aliens Law

Governor Bobby Jindal signed Act 402 on July 1, 2011, revising Louisiana’s existing immigration provisions to require employers to use the federal E-Verify system to check on the immigration status of their employees. Effective August 15, 2011, employers who use the system would not be liable if an employee was later revealed to be working illegally. Employers who knowingly employ undocumented workers would face a $500 fine for the first offense and $1,000 for a second offense; they would see their business licenses revoked for between 30 days and six months in the case of a third offense. However, employers that do not use the E-Verify system may remain in compliance with the law by keeping in their files copies of employees' photo identifications and one other document that shows the workers are in the country legally. Title 23, Chapter 9, Part VI, Section 995, as amended by Act 402 (H. 646), L. 2011, effective Aug. 15, 2011. Para 19-24,050.05.

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Employment Verification, Immigration

Louisiana has enacted a law providing for the verification of citizenship of employees engaged in public contract work. The law will take effect January 1, 2012 (Act 376 (H. 342), L. 2011). Summaries, State Employment Law Library 19-9000.

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Additionally, the state has amended its provisions relating to civil penalties for violating the law on verification of citizenship and authorization for employment (Act 402 (H. 646), L. 2011, enacted July 1, 2011, and effective August 15, 2011). Full text, State Employment Law Library 19-49,007 and 19-24,050.05. Summaries, State Employment Law Library 19-9000.

Full text, State Employment Law Library 19-49,007 and 19-24,050.05.

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Summaries, State Employment Law Library 19-9000.

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Maine Top of Page

Medical Marijuana

The Maine Medical Use of Marijuana Act has been amended to protect patient privacy. The law provides for expanded access and optional registration under the Act (Ch. 407 (H. 951), L. 2011). Summaries, State Employment Law Library 20-2600).

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Second Amendment Rights in Employment Law—Topic Added

Maine has enacted a law providing that an employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible. This law does not authorize an employee to carry a firearm in a place where carrying a firearm is prohibited by law.

An employer or an agent of an employer may not be held liable in any civil action for damages, injury or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to the new law, including, but not limited to, the theft of a firearm from an employee's vehicle, unless the employer or an agent of the employer intentionally solicited or procured the other person's injurious actions. The law does not affect provisions in the Maine Workers' Compensation Act of 1992. Title 26, Chapter 7, Subchapter 1, Section 600, as added by Ch. 393 (H. 28), L. 2011, enacted June 21, 2011, effective 90 days after adjournment of the legislature. 20-20,032.01.

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The current maximum weekly benefit amount in Maine is $366. Summaries, State Employment Law Library 20-1700.

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Violence in the Workplace

Maine has enacted a law providing that an employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm from keeping a firearm in the employee's vehicle, as long as the vehicle is locked and the firearm is not visible. This law does not authorize an employee to carry a firearm in a place where carrying a firearm is prohibited by law.

An employer or an agent of an employer may not be held liable in any civil action for damages, injury or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to the new law, including, but not limited to, the theft of a firearm from an employee's vehicle, unless the employer or an agent of the employer intentionally solicited or procured the other person's injurious actions. The law does not affect provisions in the Maine Workers' Compensation Act of 1992 (Ch. 393 (H. 28), L. 2011, enacted June 21, 2011, effective September 28, 2011). Full text, State Employment Law Library 20-20,032.01. Summaries, State Employment Law Library 20-3300.

Full text, State Employment Law Library 20-20,032.01.

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Summaries, State Employment Law Library 20-3300.

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Maryland Top of Page
No Updates as of July 26, 2011
Massachusetts Top of Page

Minimum Wage

The current living wage rate for Somerville is $11.22 per hour, and the current living wage rate for Cambridge is $13.90 per hour. Summaries, State Employment Law Library 22-1000.

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Michigan Top of Page

Minimum Wage

Effective until April 30, 2012, the living wage rate for Washtenaw County is $11.05 per hour if the employer provides health care benefits, and $12.96 per hour if the employer does not provide health care benefits. Summaries, State Employment Law Library 23-1000.

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Recordkeeping/Posters

The Washtenaw County living wage poster has been updated. Summaries, State Employment Law Library 23-9900.

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Unemployment Insurance

Contribution rates for employers with five or more years of experience continue to range from 0.06% to 10.3% in 2011. The maximum rate of 10.3% includes a 6.3% maximum chargeable benefit component, a 3.0% maximum account building component, and a 1.0% maximum nonchargeable benefits component. Note that if the employer has submitted no quarterly tax reports, that employer's maximum tax rate will be 10.3%, and the employer also will be assessed a penalty of 3.0%, which is separate from the contribution rate. In addition, the new employer rate remains at 2.7%.

The nonchargeable benefits component (NBC) for 2011 may range from 0.06% to 1.0%, depending upon an employer's experience. For an employer with no benefit charges for nine years, the NBC is 0.06%. For an employer with no benefit charges for eight years, the NBC is 0.07%. For an employer with no benefit charges for seven years, the NBC is 0.08%. For an employer with no benefit charges for six years, the NBC is 0.09%. For an employer with no benefit charges for five years, the NBC is 0.1%. For all other employers, the NBC is 1.0%. Summaries, State Employment Law Library 23-1700.

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Minnesota Top of Page
No Updates as of July 26, 2011
Mississippi Top of Page
No Updates as of July 26, 2011
Missouri Top of Page

Disaster and Emergency Services Leave

The state now allows employees of employers with a specified amount of employees to take a leave of absence to perform civil air patrol emergency service duty or counter narcotics missions. The employees will not lose time, leave, or any other rights or benefits as a result of the leave of absence. The employer is not required to pay a salary to the employee during this period of leave and has a right to request that the employee be exempted from responding to a specified mission (S. 36, L. 2011, effective July 1, 2011). Full text, State Employment Law Library 26-58,202. Summaries, State Employment Law Library 26-7200.

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Montana Top of Page
No Updates as of July 26, 2011
Nebraska Top of Page

Minimum Wage

Under the Lincoln Living Wage Ordinance, for the period from July 1, 2011, to June 30, 2012, employers (including the city of Lincoln and specified contractors or subcontractors of the city) shall pay employees a wage of no less than $10.75 per hour with health benefits, or $11.83 per hour without health benefits. Summaries, State Employment Law Library 28-1000.

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Nevada Top of Page
No Updates as of July 26, 2011
New Hampshire Top of Page

Minimum Wage

The New Hampshire legislature, on Wednesday, June 22, 2011, overrode Governor John Lynch’s June 8th veto of Ch. 204 (H. 133), L. 2011. The bill removes the state’s minimum wage rates, effectively ceding state control and authority to the federal government; it provides that employees must be paid at an hourly rate no less than the federal minimum wage, which is currently set at $7.25 per hour.

Although the state’s current minimum wage is the same as the federal hourly minimum wage rate and the bill has no immediate impact, the amendment by H. 133 removes the state's ability to adjust the wage when needed and would give authority to set the minimum wage solely to the federal government, according to a press release issued by Governor Lynch on June 9, 2011. Full text, State Employment Law Library 30-41,009. Summaries, State Employment Law Library 30-1000.

Full text, State Employment Law Library 30-41,009.

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Summaries, State Employment Law Library 30-1000.

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In other legislation, the state’s minimum wage law has been amended to add the following provision: “Upon application by a proper post-secondary organization or rehabilitation facility as defined by and in a manner established by the labor commissioner, the commissioner may establish a practical experience/training program at a sub-minimum wage rate or no wage rate for individuals with disabilities. If such program is established, the commissioner shall establish guidelines to determine whether an employer-employee relationship exists between the parties for work performed through the program that is consistent with state and federal law. No such individual with disabilities, while in the program, shall be allowed to replace an existing worker or a laid-off worker” (Ch. 98 (H. 401), L. 2011, effective July 26, 2011). Full text, State Employment Law Library 30-41,013. Summaries, State Employment Law Library 30-1000.

Full text, State Employment Law Library 30-41,013.

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Summaries, State Employment Law Library 30-1000.

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Wage Payment

The state has enacted a law relating to the withholding of wages and adding a category to the amounts that may be withheld from wages: for any purpose on which employer and employee agree that does not grant financial advantage to the employer, when the employee has given his or her written authorization and deductions are duly recorded. Withholding shall not be used to offset payments intended for purchasing items required in the ordinary performance of the employee's job (Ch. 140 (H. 647), L. 2011, enacted June 7, 2011, and effective August 6, 2011). Full text, State Employment Law Library 30-46,009. Summaries, State Employment Law Library 30-1200.

Full text, State Employment Law Library 30-46,009.

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Summaries, State Employment Law Library 30-1200.

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New Jersey Top of Page

Whistleblower Protection

In a case where an operator technician for a chemical products manufacturer became psychologically disabled due to retaliation from his statutorily protected whistleblowing activities, he could recover lost wages under New Jersey's Conscientious Employee Protection Act (CEPA), even in the absence of a constructive discharge, the Supreme Court of New Jersey held (Donelson v DuPont Chambers Works, June 9, 2011, Albin, B). Summaries, State Employment Law Library 31-3600.

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New Mexico Top of Page
No Updates as of July 26, 2011
New York Top of Page

Minimum Wage

Covered employers and business assistance beneficiaries in the city of Rochester must pay their covered employees a living wage of no less than $10.77 per hour if health insurance benefits are offered, and $12.03 per hour if health insurance benefits are not offered. These rates are effective through June 30, 2012. Summaries, State Employment Law Library 33-1000.

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Sexual Orientation Discrimination

The New York Marriage Equality Act became law on June 24, 2011. The Act provides that the marriages of same-sex and different-sex couples be treated equally in all respects under the law. Employers should review their policies to ensure compliance (Ch. 95 (A. 8354), L. 2011, enacted June 24, 2011, and effective on the 30th day after enactment). Summaries, State Employment Law Library 33-3100.

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North Carolina Top of Page

Employment of Aliens Law—Topic Added

On Thursday, June 23, North Carolina’s Democratic Governor, Beverly Perdue, signed into law legislation that would require many employers to verify the citizenship status of job applicants using the federal E-Verify system.

HB 36 would require employers with more than 25 employees to use the federal system to ensure that their new hires are legally entitled to work in the United States. The law would be phased in through a three-step process. It would first apply to employers that employ 500 or more employees on October 1, 2012, then to employers who employ 100 or more employees, but fewer than 500, on January 1, 2013, and, finally, to employers that employ more than 25, but fewer than 100 employees on July 1, 2013. The legislation would affect approximately 40 percent of businesses within the state, but builds in an exemption for agriculture companies that employ temporary workers, such as crop pickers, for no more than 90 days. North Carolina’s state government and colleges have been using the E-Verify system for five years.

Employers are required to keep the record of work verification for one year and any individual can file a good-faith report of violations of the law. Employers would also be required to sign an affidavit testifying that they have used the system. Employers that fail to do so would be liable for a $10,000 fine. Following the initial penalty, employers would be liable for a $1,000 fine; a third violation would result in a $2,000 fine.

The bill is the latest immigration measure to be signed into law across the country. On Tuesday, South Carolina Governor Nikki Haley signed a bill that would force all employers to use the system to check on their employees’ work status. Legislation has been introduced in the US House and Senate that would also require employers to use the E-Verify system. Chapter 64, Article 2, Sections 64-25 through 38, as enacted by S.L. 2011-263 (H. 36), L. 2011, enacted June 23, 2011, effective in a three phases as noted above. Paras 34-24,050.01 through 34-24,050.14.

Employment Verification, Immigration

North Carolina Governor Bev Perdue signed legislation on June 24, 2011, to require employers and local governments to use E-Verify. House Bill 36 requires counties, cities, and employers to use the federal E-Verify program to verify the work authorization of newly hired employees, in a three-step process that will apply to employers that employ 500 or more employees on October 1, 2012; to employers who employ 100 or more employees but less than 500 on January 1, 2013; and to employers that employ 25 or more but less than 100 employees on July 1, 2013. Employers will be required to retain records of verification of work authorization while an employee is employed and for one year after that. The law would not apply with respect to seasonal temporary employees employed for 90 or fewer days during a consecutive 12-month period (State of North Carolina, Office of Governor Bev Perdue, Press Release, June 24, 2011; Session Law 2011-263 (H. 36), L. 2011, enacted June 23, 2011, effective as noted above). Full text, State Employment Law Library 34-24,050.01 through 34-24,050.14. Summaries, State Employment Law Library 34-9000.

Full text, State Employment Law Library 34-24,050.01 through 34-24,050.14.

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Summaries, State Employment Law Library 34-9000.

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Violence in the Workplace

The state has enacted a law providing that a person may use defensive force where there is an imminent threat of death or harm to one's life in one's home, workplace, or vehicle. The law, which will take effect December 1, 2011, also amends various laws regarding the right to own, possess, or carry a firearm (Session Law 2011-268 (H. 650), L. 2011). Summaries, State Employment Law Library 34-3300.

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North Dakota Top of Page
No Updates as of July 26, 2011
Ohio Top of Page

Workers’ Compensation

Recognizing a new common-law tort claim for public policy wrongful discharge, the Supreme Court of Ohio ruled that an employee who suffered retaliation after he was injured on the job --but before he filed a workers' compensation claim --could state a claim (Sutton v Tomco Machining, Inc, June 9, 2011, O'Connor, M). However, modifying the holding of the state appeals court, the high court held the remedies available under such circumstances are limited to those available for statutory workers' comp retaliation claims set forth in R.C. 4123.90. Summaries, State Employment Law Library 36-4300.

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Oklahoma Top of Page

Employment Verification, Immigration

With few exceptions, the Oklahoma Taxpayer and Citizens Protection Act of 2007 (H. 1804), which requires public entities and their private contractors to use E-Verify or a similar verification system to confirm the employment eligibility of new hires, does not violate the state constitution, the Oklahoma Supreme Court ruled (Thomas v Henry, June 14, 2011, per curiam). Summaries, State Employment Law Library 37-9000.

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Fair Employment Practices

Effective November 1, 2011, genetic information will be a protected class under the state’s Civil Rights Law (S. 837, L. 2011). Summaries, State Employment Law Library 37-2500.

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Recordkeeping/Posters

The state’s statutory language minimum wage poster has been updated. Summaries, State Employment Law Library 37-9900.

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Oregon Top of Page

Child Support

The law relating to wage withholding for child support obligations has been amended with regard to computation of the amount of wages to be withheld from the employee’s disposable monthly income. The employer must retain disposable monthly income of at least 160 times the applicable federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) or any future minimum hourly wages prescribed, if the order to withhold is issued for (1) disability benefits payable from the United States Social Security Administration; (2) black lung benefits payments from the United States Department of Labor; or (3) disability payments from the United States Department of Veterans Affairs. In addition, certain limits on the total amounts withheld in any one month have been removed or revised (S. 43, L. 2011, enacted June 14, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-47,018.

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Jury Duty and Court Attendance Leave

Effective January 1, 2012, an employer may not require that an employee use vacation leave, sick leave or annual leave for time spent by the employee in responding to a summons for jury duty, and the employer shall allow the employee to take leave without pay for time spent by the employee in responding to a summons for jury duty (Ch. 376 (H. 3034), L. 2011, enacted June 16, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-59,001. Summaries, State Employment Law Library 38-7100.

Full text, State Employment Law Library 38-59,001.

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Summaries, State Employment Law Library 38-7100.

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The state has enacted a law making it an unlawful employment practice for an employer who employs 10 or more employees to cease to provide health, disability, life or other insurance coverage for an employee during times the employee serves or is scheduled to serve on a jury. Employees must notify their employer that they elect to continue such coverage, in compliance with the employer’s policy for notification. The law also provides for the employer to deduct from wages, following the employee’s return to work, amounts paid for such insurance continuation that should have been paid by the employee but were paid by the employer. No more than 10 percent of the employee’s gross pay may be deducted for insurance each pay period. Employees alleging a violation of the law may bring a civil action or may file a complaint with the Commissioner of the Bureau of Labor and Industries (Ch. 118 (H. 2828), L. 2011, enacted May 19, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-59,001, 38-59,002 and 38-59,017.

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Maximum Hours/Overtime

Under Oregon law regulating employment, no one may be employed for more than eight hours, exclusive of one hour, more or less, in any one day, or more than 48 hours in one calendar week, in sawmills, planing mills, shingle mills and logging camps. The law provides an exception for logging train crews, guards, firefighters, and persons engaged in transportation to and from work, and when making necessary repairs, or in case of emergency where life and property are in imminent danger. Further, overtime cannot exceed three hours in one day, conditioned that payment be made for said overtime at the rate of one and one-half times the regular wage. This law has been amended to remove “firefighters” from the exemption and add, instead, an exemption for “boiler operators” (Ch. 348 (H. 2040), L. 2011, enacted June 16, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-44,012.

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Meal and Rest Periods

The law providing for the adoption of rules by the Commissioner of the Bureau of Labor and Industries regarding meal periods for tipped employees has been amended. A 2007 law (Ch. 167 (S. 403), L. 2007) would have removed these provisions on January 2, 2012. Instead, these provisions will remain in place. Rules permit an employee to voluntarily waive a meal period, and also allow for the commissioner to assess a civil penalty of up to $2,000 against an employer that the commission finds has coerced an employee into waiving a meal period (Ch. 58 (H. 2240), L. 2011, enacted May 16, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-41,020 and 38-44,206.

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Minimum Wage

The state’s minimum wage law has been amended to exclude an individual who volunteers as a golf marshal, if (1) the services the individual provides are limited to monitoring starting times and speed of play and informing golfers of golf course etiquette; (2) the individual is not allowed to provide volunteer golf course marshal services for more than 30 hours in a calendar week; and (3) the individual receives no wage other than golf passes for providing the volunteer golf course marshal services (Ch. 376 (H. 3030), L. 2011, enacted June 16, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-41,003.

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The law requiring employers subject to the state minimum wage rate to post summaries of related laws and rules has been amended to provide that employers may obtain copies of such summaries from the website of the Bureau of Labor and Industries or, upon request, from the Bureau, the first copy of which will be provided without charge (http://www.oregon.gov/BOLI/CRD/C_Postings.shtml) (Ch. 348 (H. 2040), L. 2011, enacted June 16, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-41,012.

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In other news, the current living wage for Ashland is $13.53 per hour, and the current living wage for Corvallis is $11.74 per hour. Summaries, State Employment Law Library 38-1000.

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Prevailing Wages

The law relating to prevailing rate of wage applicable to public works contracts has been amended. Public agencies must include a requirement in public works contract specifications that contractors pay the higher of the applicable state or federal prevailing rate of wage to workers on public works projects subject to both state and federal prevailing wage laws. Every contract and subcontract must provide that workers on the public works must be paid no less than the higher of the applicable state or federal prevailing rate of wage (Ch. 265 (S. 178), L. 2011, effective June 17, 2011). Full text, State Employment Law Library 38-50,004, 38-50,010 and 38-50,017.

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Rules of the Bureau of Labor and Industries pertaining to prevailing wages on public works projects have been amended to conform prevailing wage rates to provisions of S. 178, L. 2011 (see above) (Administrative Order No. BLI 3-2011 (Temp), filed June 8, 2011, and certified effective June 8, 2011, to December 4, 2011). Full text, State Employment Law Library 38-50,510, 38-50,523 and 38-50,543.

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Recordkeeping/Posters

The Ashland living wage poster has been updated. Summaries, State Employment Law Library 38-9900.

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Wage Garnishment

Wage garnishment provisions have been amended with respect to exemptions. Generally, 75 percent of the disposable earnings of an individual are exempt from execution. The disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts, as amended: (1) $218 for a period of one week or less; (2) $435 for any two-week period; (3) $468 for any half-month period; (4) $936 for any one-month period; and for any period longer than one week, $218 multiplied by that fraction produced by dividing the number of days for which earnings are paid by seven (calculated amount must be rounded to the nearest dollar). If an individual is paid for a period shorter than one week, the exemption calculated may not exceed $218 for any one-week period (Ch. 228 (H. 2682), L. 2011, effective June 2, 2011). Full text, State Employment Law Library 38-46,066, 38-46,101 and 38-46,103.

Full text, State Employment Law Library 38-46,066, 38-46,101 and 38-46,103.

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Wage garnishment provisions have also been amended with respect to exemptions to decrease the amount that may be exempt in certain situations from 75 percent to 50 percent when support obligations apply, such as workers’ compensation, unemployment and other benefits (S. 43, L. 2011, enacted June 14, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-46,062, 38-46,064 and 38-46,103.

Full text, State Employment Law Library 38-46,062, 38-46,064 and 38-46,103.

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Wage Payment

The state has enacted a law subjecting employers that issue dishonored checks for payment of wages to statutory damages and attorney fees. The Commissioner of the Bureau of Labor and Industries may impose a penalty for the issuance of a dishonored check in payment of wages. Any penalties collected must be paid to employees who received dishonored checks (Ch. 238 (H. 2039), L. 2011, enacted June 7, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-46,060a. Summaries, State Employment Law Library 38-1200.

Full text, State Employment Law Library 38-46,060a.

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Summaries, State Employment Law Library 38-1200.

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Oregon’s wage payment law has also been amended with regard to an employer’s failure to pay wages or compensation of any employee whose employment ends. If an employee submits a written notice of nonpayment, such written notice must include the estimated amount of wages or compensation alleged to be owed or an allegation of facts sufficient to estimate the amount owed. Also, the Commissioner of the Bureau of Labor and Industries is to attempt to make payment of wages collected to the person entitled to such wages for a period of up to three years (decreased from seven years) (Ch. 348 (H. 2040), L. 2011, enacted June 16, 2011, and effective January 1, 2012). Full text, State Employment Law Library 38-46,007 and 38-46,033.

Full text, State Employment Law Library 38-46,007 and 38-46,033.

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Pennsylvania Top of Page
No Updates as of July 26, 2011
Puerto Rico Top of Page
No Updates as of July 26, 2011
Rhode Island Top of Page

Fair Employment Practices

Civil unions (defined as a legal union between two individuals of the same sex) were legalized in Rhode Island effective July 1, 2011. A party to a civil union shall have all the rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil or criminal law as people joined together in marriage (Ch. 198 (H. 6103), L. 2011). Summaries, State Employment Law Library 41-3100.

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South Carolina Top of Page

Employment Verification, Immigration

South Carolina Governor Nikki Haley has signed into law legislation that gives police the power to check whether persons detained for other reasons are illegal immigrants. The state's top Republican signed the law, even as a federal district court judge blocked enforcement of similar provisions in the Georgia counterpart (see Georgia, Employment Verification, Immigration, above).

The new law requires South Carolina's law enforcement officers to call federal immigration officials if someone is suspected of being in the country illegally. In addition, the law requires businesses to use the federal E-Verify system to determine whether job applicants are legal residents. Under the law, the South Carolina Department of Employment and Workforce will give technical advice to private employers, along with electronic access to the E-Verify federal work authorization program's website, in order to facilitate the employer's registration and participation in the program. Even if the employee only works for an employer for three days, the employer would still be required to submit that employee's name for verification; employers are not allowed to continue to employ individuals whose work authorization has not been verified. Violations of the law may result in the suspension or revocation of an employer's business license (S. 20, L. 2011, effective January 1, 2012). Full text, State Employment Law Library 42-24,050.01 and 42-24,050.02, 42-24,050.31 through 42-24,050.36, and 42-24,050.42; 42-49,001 through 42-49,006, 42-49,012, 42-49,015 and 42-49,016. Summaries, State Employment Law Library 42-9000.

Full text, State Employment Law Library 42-24,050.01 and 42-24,050.02, 42-24,050.31 through 42-24,050.36, and 42-24,050.42; 42-49,001 through 42-49,006, 42-49,012, 42-49,015 and 42-49,016.

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Summaries, State Employment Law Library 42-9000.

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Illegal Immigration Reform Act

South Carolina Governor Nikki Haley has signed legislation requiring businesses to use the federal E-Verify system to determine whether job applicants are legal residents effective January 1, 2011. Under S. 20, L. 2011, the South Carolina Department of Employment and Workforce will give technical advice to private employers, along with electronic access to the E-Verify federal work authorization program's website, in order to facilitate the employer’s registration and participation in the program. Even if the employee only works for an employer for three days, the employer would still be required to submit that employee’s name for verification; employers are not allowed to continue to employ individuals whose work authorization has not been verified. Violations of the law may result in the suspension or revocation of an employer’s business license. Title 8, Chapter 14, Sections 8-14-10, and 8-14-20and Title 41, Chapter 8, Sections 41-8-10 through 41-8-60, and 41-8-120, as amended by S. 20, L. 2011, effective Jan. 1, 2012. Paras 42-24,050.01 and 42-24,050.02, 42-24,050.31 through 42-24,050.36, and 42-24,050.42.

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Whistleblower Protection

South Carolina now specifically provides that any private sector employee believing that he or she has been discharged or otherwise discriminated against for filing a complaint or instituting a proceeding under the state’s occupational safety and health law may, within 30 days after the violation occurs, file a complaint with the state’s Director of the Department of Labor, Licensing and Regulation. Upon receipt of the complaint, the director shall within 15 days forward the complaint to the United States Department of Labor whistleblower program. Any public sector employee believing that he or she has been similarly discharged or otherwise discriminated against may proceed with a civil action under South Carolina law (Act 50 (S. 694), L. 2011). Summaries, State Employment Law Library 42-3600.

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South Dakota Top of Page
No Updates as of July 26, 2011
Tennessee Top of Page

EEO and Affirmative Action in State Employment Rule

The Tennessee Department of Human Resources amended its EEO policy to firmly commit the Department to the principle of fair and equal employment opportunities for its citizens and to strive to protect the rights and opportunities of all people to seek, obtain, and hold employment without being subjected to illegal discrimination or illegal harassment in the workplace. It is the state’s policy to provide an environment free of discrimination or harassment of an individual because of that person’s race, color, national origin, age (40 and over), sex, pregnancy, religion, creed, disability, veteran’s status, or any other category protected by state and/or federal civil rights laws. Chapter 1120-7, Sections 1120-7.01 through 1120-7.06, as amended and repealed effective May 31, 2011. Paras 44-23,450.01 through 44-23,450.06.

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Employment of Aliens Law

Under the “Tennessee Lawful Employment Act,” employers will be required for non-employees such as independent contractors, to request and maintain a copy of any one of the following documents prior to the non-employee providing labor or services on or after the phase-in period: (1) A valid Tennessee driver license or photo identification license; (2) An official birth certificate issued by a U.S. state, jurisdiction or territory; (3) A valid, unexpired U.S. passport; (4) A U.S. certificate or report of a of birth abroad of U.S. Citizen; (5) A certificate of citizenship; (6) A certificate of naturalization; (7) A U.S. citizen identification card; or (8) Valid alien registration documentation.

Also under the law, employers must, on behalf of their employees, either request and maintain a copy of any one of the required documents prior to the employee providing labor or services on or after the phase-in period, applicable to the particular size employer, or enroll in the federal E-Verify program prior to hiring an employee on or after the applicable phase-in period or verify the work authorization status of the employee hired by using the E-Verify program. On or after January 1, 2012, the above provisions would apply to governmental entities and private employers with at least 500 employees. On or after July 1, 2012, the above provisions would apply to private employers with between 200 and 499 employees. On or after January 1, 2013, the above provisions would apply to private employers with between six and 199 employees. Title 50, Chapter 1, Part 7, Sections 50-1-701 through 50-1-713, as enacted by Ch. 436 (H. 1378), L. 2011, effective Jan. 1, 2012. Paras 44-24,050.21 through 44-24,050.33.

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Employment Verification, Immigration

The Tennessee Lawful Employment Act, signed June 7, 2011, will take effect January 1, 2012. The law relates to the employment of persons unlawfully present in the United States and provides for the E-Verify program, among other things (Ch. 436 (H. 1378), L. 2011). Full text, State Employment Law Library 44-24,050.21 through 44-24,050.33; 44-49,002 and 44-49,005 through 44-49,017. Summaries, State Employment Law Library 44-9000)..

Full text, State Employment Law Library 44-24,050.21 through 44-24,050.33; 44-49,002 and 44-49,005 through 44-49,017.

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Summaries, State Employment Law Library 44-9000.

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Fair Employment Practices

The Tennessee Department of Human Resources amended its EEO policy to firmly commit the Department to the principle of fair and equal employment opportunities for its citizens and to strive to protect the rights and opportunities of all people to seek, obtain, and hold employment without being subjected to illegal discrimination or illegal harassment in the workplace. It is the state’s policy to provide an environment free of discrimination or harassment of an individual because of that person’s race, color, national origin, age (40 and over), sex, pregnancy, religion, creed, disability, veteran’s status, or any other category protected by state and/or federal civil rights laws (Chapter 1120-7, Sections 1120-7.01 through 1120-7.06, May 31, 2011). Full text, State Employment Law Library 44-23,450.01 through 44-23,450.06.

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Military and Emergency Services Leave

The state has broadened authorized leaves of absence for required duty or training for army and air national guard public employees to apply to private sector guardsmen, and also to state guardsmen and civil air patrolmen who are public or private employees (Ch. 390 (S. 1996), L. 2011). Summaries, State Employment Law Library 44-7200.

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Texas Top of Page

Military Leave

Texas has amended its military leave law relating to the state military forces with respect to administrative review and judicial enforcement (H. 1178, L. 2011). Summaries, State Employment Law Library 45-7200.

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Violence in the Workplace

The state has enacted a law relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer (generally, parking lots) (S. 321, L. 2011). Summaries, State Employment Law Library 45-3300.

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Utah Top of Page
No Updates as of July 26, 2011
Vermont Top of Page

Unemployment Insurance

Vermont's maximum weekly benefit amount will continue to be $425 through June 30, 2012. Summaries, State Employment Law Library 47-1700.

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Virginia Top of Page
No Updates as of July 26, 2011
Washington Top of Page

Medical Marijuana

Washington's Medical Use of Marijuana Act (MUMA) did not provide a private cause of action for employees who are discharged after testing positive for marijuana, ruled the Washington Supreme Court (Roe v Teletech Customer Care Mgmt (Colorado) LLC, June 9, 2011, Wiggins, C). Nor did it create a clear public policy that would support a common-law tort claim for wrongful termination for authorized use of medical marijuana, ruled a unanimous state high court. Summaries, State Employment Law Library 49-2600.

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West Virginia Top of Page

Child Support Enforcement

The state has amended its child support enforcement law with respect to employee bonuses (H. 3134, L. 2011). Summaries, State Employment Law Library 50-5500.

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Wisconsin Top of Page
No Updates as of July 26, 2011
Wyoming Top of Page
No Updates as of July 26, 2011

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