February 2011

California
Minimum Wage Law

The current living wage for both the City of Oakland and the Port of Oakland is $11.15 per hour with benefits, and $12.82 per hour without benefits. The current living wage for the City of San Jose is $12.94 per hour with benefits, and $14.19 per hour without benefits (CA ¶5-1000).

California
Unemployment Insurance Law

The 2011 disability elective coverage rate in California is 2.82% (CA ¶5-1700).

California
Workers’ Compensation Law

The California Division of Workers’ Compensation has posted a new time of hire pamphlet on its website. This optional pamphlet meets the statutory requirements to notify new employees about California workers’ comp rights and benefits either at the time of hire or by the end of the first pay period (http://www.dir.ca.gov/dwc/DWCPamphlets/TimeOfHirePamphlet.pdf) (DWCNewsline 04-11, January 25, 2011) (CA  ¶5-4300).

Connecticut
Unemployment Insurance Law

The current maximum weekly benefit amount in Connecticut is $555 (CT ¶7-1700).

Delaware
Preemployment Inquiries Law

Effective January 1, 2011, any candidate for a student teaching position in a public school district or charter school shall be required to have a criminal background check as a condition of employment. Provided further, a candidate attending a private Delaware higher education institution shall provide a copy of his/her state and federal criminal history record, certified by the State Bureau of Identification, to the designated person at the placing private Delaware higher education institution (CDR 14-700, Sec. 746, as amended December 1, 2010 (14 DE Reg. 557), at DE ¶8-9000).

Florida
Fair Employment Practices Law

Immediately after being sworn in as Florida’s 45th governor, Rick Scott signed Executive Order 11-04 prohibiting discrimination in government employment and state contracting. The order reaffirms Executive Order 99-281, providing equal opportunity and prohibiting discrimination in government employment and state contracting on the basis of race, gender, creed, color, or national origin. Also, the order encourages competition and ensures state contracting opportunities are provided without discrimination based on race, gender, creed, color, or national origin (Executive Order 11-04, signed January 4, 2011, effective immediately, at FL ¶10-2500).

Florida
Preemployment Inquiries Law

Governor Rick Scott signed an executive order directing all state agencies under the direction of the Governor to verify the employment eligibility of all current and prospective agency employees through the United States Department of Homeland Security’s E-Verify System. These agencies are to include, as a condition of all state contracts, an express requirement that contractors utilize the E-Verify system to confirm the employment eligibility of (a) all persons employed during the contract; and (b) all persons, including subcontractors, assigned to the contractor to perform work under the contract with the state agency. Also, agencies not under the direction of the Governor are encouraged to verify the employment eligibility of their current and prospective employees utilizing the E-Verify system (Executive Order 11-02, January 4, 2011, at FL ¶10-9000).

Idaho
Unemployment Insurance Law

For 2011, rates for positive-balance Idaho employers will range from 0.96% to 3.2%, and rates for deficit-balance employers will range from 4.8% to 6.8%. The standard rate is 3.36%. The Work Force Development Tax is in effect this year and the rate varies with each employer class.
There is no Special Administration Reserve Fund tax in 2011, however.
The maximum weekly benefit amount in Idaho for 2011 is $336. The minimum remains $72 (ID ¶13-1700).

Illinois
Access to Personnel Files Law

The Illinois Personnel Record Review Act has been amended to prohibit disclosure of performance evaluations under the Freedom of Information Act (H. 5154, L. 2009, effective December 1, 2010, at IL ¶14-8500).

Illinois
Preemployment Inquiries Law

The School Code has been amended with respect to criminal history records checks for substitute teachers (H. 5863, L. 2009, enacted December 30, 2010, and effective January 1, 2011, at IL ¶14-9000).

Illinois
Unemployment Insurance Law

From January 1, 2011, through December 31, 2011, the maximum weekly benefit amount for an individual with no dependents is $388, the maximum for an individual with a nonworking spouse is $462, and the maximum for an individual with a dependent child or children is $531. The  statewide average weekly wage on which the maximum benefit amount calculations are based is $824.36 for 2011. The minimum weekly benefit amount remains $51 (IL ¶14-1700).

Maine
Preemployment Inquiries Law

Newly installed Maine Governor Paul LePage has rescinded two of his predecessor’s executive orders that he said had created the impression that Maine was a “so-called sanctuary state” for undocumented immigrants. LePage also signaled the state’s intent “to promote rather than hinder the enforcement of federal immigration law.” State employees and officials are directed to cooperate with federal government officials on all matters pertinent to immigration, “subject only to any limitations imposed by statutory law or by the Constitutions of Maine or the United States” (Executive Order FY 08 11/12, signed January 6, 2011, effective immediately, at ME ¶20-9000).

Maryland
Minimum Wage Law

Until June 30, 2011, the living wage rate for Montgomery County is $13.00 per hour (MD ¶21-1000).

Massachusetts
Wage Payment Law

A disposal service company’s policy that allows an employee found to be at fault in an accident involving company trucks to agree to a wage deduction in lieu of discipline violates a key provision of the Massachusetts Wage Act, the state supreme court ruled in reversing a superior court judgment (Camara v Attorney Gen, January 25, 2011, McLaughlin, D). Although the superior court judge found that the written policy was consistent with Sec. 148 of the Wage Act, the high court concluded that the statute prohibits wage deductions associated with an employer's unilateral determination of an employee's fault and damages, and that the company’s policy, by withholding employees' wages, contravenes the Wage Act (MA ¶22-1200).

Michigan
Child Labor Law

The Michigan Youth Employment Standards Act has been amended to provide an exception to the work permit requirement for a minor who performs unpaid volunteer work for a charitable organization, specifically an organization that is recognized as tax-exempt under, or whose purposes, structure, or activities are exclusively those that are described in, Sec. 501(c)(3) of the Internal Revenue Code (Act 221 (S. 860), L. 2000, enacted and effective December 9, 2010, at MI ¶23-1500).

Michigan
Wage Payment Law

Michigan’s wage payment and fringe benefits law has been amended to revise requirements for employers for issuing payroll debit cards and direct deposit; to provide a right for an employee to request a change in the method of receiving wages at any time; and to provide the required characteristics for a payroll debit card (Act 323 (H. 5821), L. 2009, enacted and effective December 21, 2010, at MI ¶23-1200).

New Jersey
Preemployment Inquiries Law

The law has been amended with respect to criminal record checks in public school employment and volunteer service (Ch. 122 (A. 3466), L. 2010, enacted January 5, 2011, at NJ ¶31-9000).

New Jersey
Unemployment Insurance Law

Effective January 1, 2011, all workers pay a rate of 0.06% to cover Family Leave Insurance (NJ  ¶31-1700).

New York
Minimum Wage Law

As previously reported, a new “Hospitality Wage Order” took effect January 1, 2011, in New York. The new order covers employees in both the hotel and restaurant industries. In addition, effective January 1, 2011, the
former Parts 137 and 138, which covered those industries, have been repealed (http://www.labor.ny.gov/sites/legal/laws/pdf_word_docs/hospitality-wage-order/hospitality-wage-order.pdf) (NY ¶33-1000).

New York
Overtime Pay Law

Emergency rulemaking clarifying emergency circumstances when an employer may require mandatory overtime for nurses has been extended to February 27, 2011 (12 NYCRR
177, adopted effective January 4, 2011; Filing No. 1362, December 30, 2010; posted January 19, 2011, NY State Register, Vol. XXXIII, Issue 3. ID No. LAB-43-10-00003-E (expected to be made permanent) (NY ¶33-1100).

Ohio
Fair Employment Practices Law/Sexual Orientation Discrimination Law

Newly elected Governor John Kasich signed Executive Order 2011-05K on January 21, 2011, establishing an anti-discrimination policy promoting equal employment opportunities in state employment. The order protects state employees or candidates for state employment from discrimination based on race, color, religion, gender, national origin, military status, disability, age, genetic information, or sexual orientation. As reported in the Columbus Dispatch the following day, the order continues former Governor Strickland’s order on the same subject.
However, Kasich’s order does not include “gender identity,” a term generally not included in any definition of “sexual orientation” (OH ¶36-2500 and OH ¶36-3100).

Also, the new governor signed Executive Order 2011-04K on January 21, 2011, effective immediately, establishing workplace domestic violence policy. State agencies are required not to discriminate, penalize, or discipline a state employee solely for the acts resulting from being a victim or survivor of domestic violence. Victims of domestic violence are to be given due consideration and accommodation by state employers in the form of modified work assignments, if necessary and granting leave requests if an employee needs to be absent from work due to current or past domestic violence. Executive Order 2011-04K continues the “Barbara Warner Workplace Domestic Violence Policy” established in 2008. The order also calls for referring perpetrators of domestic violence who are state employees to the Ohio Assistance Program for services and/or short-term counseling (OH ¶36-2500).

Oregon
Workers’ Compensation Law

A jury award of $175,000 in punitive damages to a lumber mill employee who was injured on the job and then denied reinstatement after he was cleared to work was not “grossly excessive” under the due process clause of the U.S. Constitution (Hamlin v Hampton Lumber Mills, January 6, 2011, Walters, M). A divided Oregon Supreme Court reversed a state appeals court decision finding the punitive damages award violated the employer’s due process rights and reducing the award to a sum of four times the amount of compensatory damages. Dissenting, Judge Gillette issued a plea to the U.S. Supreme Court for further guidance on applying its guidepost on the proper ratio of compensatory to punitive damages (OR ¶38-4300).

Rhode Island
Recordkeeping/Posters Law

Rhode Island's newly sworn-in Governor Lincoln D. Chafee on January 5 fulfilled a campaign promise by repealing previous Governor Donald L. Carcieri's 2008 Executive Order on E-Verify. Governor Chafee issued Executive Order 11-02 to rescind the 2008 Order effective immediately. Governor Chafee also directed the Rhode Island State Police (RISP) to withdraw from its memorandum of agreement (MOA) with Immigration and Customs Enforcement (ICE), the federal immigration enforcement body. RISP Superintendent Col. Brendan P. Doherty has agreed to support and uphold the Governor's directive (Rhode Island Government Press Release,
January 5, 2011), http://www.ri.gov/press/view/12942).

According to Governor Chafee, the repeal of Executive Order 08-01 on E-Verify effectively turns back the clock to the day before it was signed into law (March 27, 2008), adding that “This re-set will allow us to engage in a comprehensive dialogue with our immigrant communities, law  enforcement agencies, and all interested parties. This is an opportunity to reach a consensus on how best to enforce the law” (RI ¶41-9900).

South Carolina
Unemployment Insurance Law

The Department of Employment and Workforce Law has been extensively revised (SC ¶42-1700).

Virginia
Workers’ Compensation Law

Addressing the “horseplay doctrine” head on for the first time, the
Virginia Supreme Court held a Ruby Tuesday waiter who was injured when his coworkers playfully threw ice at him was entitled to workers’ compensation benefits for the resulting injury (Simms v Ruby Tuesday, January 13, 2011, Goodwyn, S.B.). The appeals court below, in ruling to the contrary, had misinterpreted the high court’s analysis in a 2008 case and had erroneously concluded that the horseplay doctrine was no longer viable (VA ¶48-4300).

Washington
Unemployment Insurance Law

For 2011, contribution rates (including the graduated social cost rate) range from 1.33% to 6.00%. There is also an Employment Administration Fund tax in effect for 2011, which brings the total rate range to 1.36% to 6.02% (WA ¶49-1700).