June 2011

Arizona
Child Support Enforcement Law

The state has amended its child support enforcement law to allow for more electronic communication between employers and state agencies (Ch. 61 (S. 1045), L. 2011, at AZ ¶3-5500).

Arizona
Drug Testing Law

As part of the state's Medical Marijuana Act, the Arizona Department of Health Services is charged with establishing a secure, password-protected, web-based verification system for use on a 24-hour basis by law enforcement personnel, nonprofit medical marijuana dispensary agents, and employers to verify registry identification cards. An employer may use the verification system only to verify a registry identification card that is provided to the employer by a current employee or by an applicant who has received a conditional offer of employment. Under prior law, employers were not given access to the verification system (Ch. 336 (H. 2541), L. 2011, at AZ ¶3-8600).

Ch. 336 (H. 2541), L. 2011, also expands definitions as well as employer protections under the state’s drug testing law.

Arizona
Preemployment Inquiries Law

The Legal Arizona Workers Act, which provides for the revocation or suspension of the business license of employers in the state that knowingly or intentionally employ unauthorized aliens, was not expressly or impliedly preempted by federal immigration law, ruled the Supreme Court in a 5-3 decision (Chamber of Commerce v Whiting, May 26, 2011, Roberts, J). Additionally, the Court ruled that the Act’s provision mandating the use of the E-Verify system was not impliedly preempted by federal law (AZ ¶3-9000).

Arkansas
Preemployment Inquiries Law

The state has enacted a law requiring a criminal background check by a private business that provides short-term child care facilities for its patrons (Act 1181 (H. 1975), L. 2011, at AR ¶4-9000).

Arkansas
Unemployment Insurance Law

An individual's disqualification for misconduct will be for eight weeks of unemployment. However, for a discharge that occurs during the period on or after July 1, 2009, through June 30, 2013 (formerly June 30, 2011), the disqualification will continue until, subsequent to filing a claim, the individual has had at least 30 days of employment covered by the unemployment compensation law of Arkansas, another state or the United States (AR ¶4-1700).

Connecticut
Access to Personnel Files Law

Effective October 1, 2011, any employer, officer, agent or other person who violates any provision of Connecticut’s personnel files law (General Statutes of Connecticut, Title 31, Ch. 563a) shall be liable to the Labor Department for a civil penalty of $500 for the first violation related to an individual employee (currently, $300), and for each subsequent violation of the law related to such individual employee, shall be liable to the Labor Department for a civil penalty of $1,000 (P.A. 11-12 (H. 6176), L. 2011, at CT ¶7-8500).

Delaware
Disability Law

The Delaware Medical Marijuana Act (S. 17), signed into law on May 13, 2011, by Governor Markell, provides an exception to the state's criminal laws to permit doctor-recommended medical use of marijuana by patients with serious medical conditions. In order for a patient to receive protection under the new law, the patient's physician must certify in writing that the patient has a specified debilitating medical condition and that the patient would receive therapeutic benefit from medical marijuana. Patients will be allowed to possess up to six ounces for their medical use. Employers are not required to allow patients to be impaired at work nor to allow the possession of marijuana in a workplace. The law will take effect on July 1, 2011 (DE ¶8-2600).

Delaware
Sexual Orientation Discrimination Law

The Civil Union and Equality Act of 2011 will take effect at 10:00 a.m. on January 1, 2012. Under this law, Delaware will recognize civil unions, and parties to a civil union will enjoy all the same rights, benefits, and protections, and will be subject to all the same responsibilities, as married persons under Delaware law (Ch. 22 (S. 30), L. 2011, at DE ¶8-3100).

Florida
Minimum Wage Law

The Florida minimum wage increased from $7.25 per hour to $7.31 per hour effective
June 1, 2011 (FL ¶10-1000).

Florida
Recordkeeping/Posters Law

The state’s minimum wage law posters (English and Spanish versions) have been updated (FL ¶10-9900).

Georgia
Fair Employment Practices Law

Georgia Gov. Nathan Deal signed the Illegal Immigration Reform and Enforcement Act of 2011, on Friday, May 13, 2011. The law passed both houses of the Georgia Legislature by overwhelming margins.

“In Georgia, we learned from the state laws elsewhere that raised objections from the federal government,” Deal said in a press release. “We do not wish to go to war with the federal government. We wish to partner with the federal government to enforce the current law of the nation. Let's remember: It's already illegal on every inch of U.S. soil to hire someone who is in this country illegally. What we've done in Georgia is create a level playing field for all employers. The use of E-Verify means everyone plays by the same rules - and it protects employers by giving them a federal stamp of approval on their workforce. This also protects workers because those who live in the shadows of our society lack legal protections and they're vulnerable to fraud and abuse.”

“Illegal immigration is a complex and troublesome issue, and no state alone can fix it. We will continue to have a broken system until we have a federal solution. In the meantime, states must act to defend their taxpayers,” the governor stated (Office of the Governor Press Release, May 13, 2011; H. 87, L. 2011, at GA ¶11-2500).

Georgia
Preemployment Inquiries Law

The Quality Basic Education Act has been amended with respect to criminal background checks on school employees (Act 126 (H. 285), L. 2011, at GA ¶11-9000).

Hawaii
Fair Employment Practices Law

Hawaii has enacted a law prohibiting discrimination on the basis of gender identity and expression as a public policy matter and specifically with regard to employment. Discrimination on the basis of gender identity and expression is considered a type of sex discrimination. The law took effect upon its approval (May 2, 2011) (H. 546, L. 2011, at HI ¶12-2500).

Indiana
Minimum Wage Law

The state has enacted a law prohibiting a county, municipality or township from establishing, mandating or otherwise requiring a minimum wage that exceeds the state or federal minimum wage. Local jurisdictions still have the authority to establish wage rates in a contract to which they are a party (P.L. 211-2011 (H. 1538), L. 2011, at IN ¶15-1000).

Indiana
Preemployment Inquiries Law

Governor Mitch Daniels signed Senate Bill 590 into law on May 10, 2011, adding Indiana to the list of states with Arizona-style immigration laws. Indiana's law will take effect on July 1, 2011. Under the new law, all state agencies and political subdivisions will be required to use the federal E-Verify program to check the work eligibility status of employees hired after June 30, 2011. State agencies and political subdivisions will be prohibited from entering into, or renewing, contracts with contractors who do not affirmatively state that they do not employ illegal immigrants (P.L. 171-2011 (S. 590), L. 2011, at IN ¶15-9000).

Additionally, the state amended its background checks law to allow the Indiana Central Repository for Criminal History Information to process a national fingerprint based criminal history check upon the request of an applicant for employment with a noncriminal justice organization or individual (P.L. 127-2011 (H. 1318), L. 2011, at IN ¶15-9000).

Indiana
Violence in the Workplace Law

The state has enacted a law allowing a person to carry a handgun without being licensed if the person is on property, or in a vehicle, that is owned, leased, rented, or otherwise legally controlled by the person, the person is lawfully present in or on private property, or in a vehicle, that is owned or otherwise legally controlled by another person (P.L. 164-2011 (S. 506), L. 2011, at IN ¶15-3300).

Maine
Minimum Wage Law

Maine has amended its law relating to tips used in the payment of service employees. The term “tip” does not include a service charge added to a customer's bill in a banquet or private club setting by agreement between the customer and an employer. Also, changes have been made concerning the treatment of tips that are pooled and split among service employees. Additionally, an employer in a banquet or private club setting that adds a service charge must notify the customer that such charge does not represent a tip for service employees (Ch. 118 (S. 57), L. 2011, at ME ¶20-1000).

Maryland
Fair Employment Practices Law

The state has amended its Education Article to conform provisions of law relating to discrimination in the employment of public school employees in the state to other provisions of state law governing discrimination in employment (Ch. 322 (H. 202), L. 2011, effective October 1, 2011, at MD ¶21-2500).

Maryland
Minimum Wage Law

Effective July 1, 2011, the living wage rate for Montgomery County, Maryland is $13.20 per hour, through June 30, 2012. The current rate is $13.00 per hour (MD ¶21-1000).

Maryland
Wage Payment Law

Maryland has amended its wage payment law to authorize counties and municipal corporations to pay wages of employees by direct deposit and to require an employee to receive payment by direct deposit as a condition of employment, with limited exceptions. Employees must be provided with a direct deposit statement when a payment is made by direct deposit. These provisions take effect October 1, 2011 (Ch. 324 (H. 233), L. 2011, at MD ¶21-1200).

Michigan
Minimum Wage Law

Effective until April 29, 2012, the Ann Arbor living wage is $11.83 per hour if the employer provides health care benefits, and $13.19 per hour if the employer does not provide health care benefits (MI ¶23-1000).

Michigan
Recordkeeping/Posters Law

The Ann Arbor living wage poster has been updated (MI ¶23-9900).

Minnesota
Minimum Wage Law

The state has amended its minimum wage law with respect to gratuities. Tip pooling remains voluntary on the part of employees. Employees may ask employers to safeguard gratuities to be shared by employees and disburse such gratuities to employees participating in an agreement to share gratuities. If there is a tip-sharing agreement, an employer may post a copy of the relevant law (Minnesota Statutes, Sec. 177.24, Subd. 3) for the information of employees (Ch. 105 (S. 1280), L. 2011, effective August 1, 2011, at MN ¶24-1000).

Montana
Disability Law

Nothing in Montana’s Medical Marijuana Act may be construed to require: (1) an employer to accommodate the medical use of marijuana; (2) prohibit an employer from including in any contract a provision prohibiting the medical use of marijuana; or (3) permit a cause of action against an employer for wrongful discharge or discrimination (H. 43, L. 2011, at MT ¶27-2600).

Montana
Drug Testing Law

Definitions under the state’s drug testing law have been revised (H. 43, L. 2011, at MT ¶27-8600).

Montana
Fair Employment Practices Law

Independent contractors are now specifically excluded from coverage under the state’s human rights law (S. 290, L. 2011, at MT ¶27-2500).

Montana
Health Insurance Benefit Coverage Law

Nothing in Montana’s Medical Marijuana Act may be construed to require a health insurer to reimburse a person for costs associated with the medical use of marijuana (H. 43, L. 2011, at MT ¶27-4000).

Montana
Smoking in the Workplace Law

While an employer may not refuse to employ or license and may not discriminate against an individual because the individual legally uses a lawful product off the employer's premises during nonworking hours, this protection does not extend to the medical use of marijuana if such use (1) affects an individual’s ability to perform job-related employment responsibilities or the safety of other employees; or (2) conflicts with a bona fide occupational qualification that is reasonably related to the individual’ employment (H. 43, L. 2011, at MT ¶27-2700).

Montana
Workers’ Compensation Law

The state has clarified workers’ compensation coverage of injuries involving employees who have used marijuana for medical purposes (H. 43, L. 2011, at MT ¶27-4300).

Nevada
Fair Employment Practices Law

Nevada Governor Brian Sandoval has signed into law legislation making it illegal for an employer to discriminate against transgendered individuals. In doing so, the state’s top Republican went against most of his Republican legislators; the state Senate and House narrowly passed the bill in May and April, respectively.

The law, which goes into effect on October 1, 2011, makes it illegal for employers “to fail to hire or to fire or to otherwise discriminate” against individuals on the basis of their gender “identity or expression.” Employers are still allowed to require appropriate workplace grooming and clothing, which the statute does not define (Ch. 112 (A. 211), L. 2011, at NV ¶29-2500).

New Jersey
Fair Employment Practices Law

New Jersey now specifically prohibits a public employer from taking any action against an employee, including termination, because the employee or a dependent of the employee has obtained counseling, referrals or other services from an employee assistance program (EAP), or has obtained treatment or other services from any program to which the EAP refers the employee or dependent. Exception to this prohibition is made if the employee was referred by the employer to the EAP due to issues related to job performance and fails to make a good faith effort to comply with the recommendations made by the EAP (Ch. 69 (S. 2562), L. 2011, at ¶NJ 31-2500).

North Carolina
Minimum Wage Law

The current living wage rates for Asheville are $11.35 per hour without benefits, or $9.85 per hour with benefits (NC ¶34-1000).

North Dakota
Violence in the Workplace Law

Effective August 1, 2011, a public or private employer in North Dakota may not do any of the following:

(1) Prohibit any customer, employee, or invitee from possessing any legally owned firearm, if the firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and if the customer, employee, or invitee is lawfully in the area.

(2) Make a verbal or written inquiry regarding the presence of a firearm inside or locked to a private motor vehicle in a parking lot or make an actual search of a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. In addition, a public or private employer may not take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes.

(3) Condition employment upon the fact that an employee or prospective employee holds or does not hold a concealed weapons license or any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside or locked to a private motor vehicle in a parking lot, if the firearm is kept for lawful purposes.

(4) Prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot or the employer's place of business because the customer's, employee's, or invitee's private motor vehicle contains a legal firearm being carried for lawful purposes, that is out of sight within the customer's, employee's, or invitee's private motor vehicle.

(5) Terminate the employment of or otherwise discriminate against an employee for exercising the constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes.

(H. 1438, L. 2011, at ND ¶35-3300).

Oklahoma
Drug Testing Law

Oklahoma’s Standards for Workplace Drug and Alcohol Testing Act has been extensively revised, effective November 1, 2011 (H. 2033, L. 2011, at OK ¶37-8600).

Oklahoma
Preemployment Inquiries Law

Effective November 1, 2011, the State Department of Rehabilitation Services may request from the Oklahoma State Bureau of Investigation national criminal background checks on all persons seeking employment with the department (H. 1047, L. 2011, at OK ¶37-9000).

Additionally, provisions relating to national criminal history record checks for substitute teachers have been amended (S. 252, L. 2011, at OK ¶37-9000).

Puerto Rico
Maximum Hours Law
Provisions of law regulating the working hours of railroad employees (no more than 12 hours in a 24-hour day) and providing for penalties for noncompliance have been repealed (Law No. 54 of April 8, 2011 (S. 1703), effective immediately, at PR ¶40-1300).

Puerto Rico
Meal and Rest Periods Law

The law requiring that railroad workers who work 12 hours in a 24-hour day receive at least eight hours of rest before being returned to duty has been repealed (Law No. 54 of April 8, 2011 (S. 1703), effective immediately, at PR ¶40-1400).

Tennessee
Fair Employment Practices Law

Tennessee Governor Bill Haslam on Monday, May 23, 2011, signed into law a bill that would forbid local governments from passing nondiscrimination ordinances that exceed the protections laid out in state law. The state’s top Republican signed the bill after both the state House and Senate passed it, dealing a blow to efforts by the City of Nashville to bar discrimination on the basis of sexual orientation and gender identity. In April, the Nashville Metro Council approved an ordinance that required firms doing business with the city to promise not to discriminate on the basis of sexual orientation or gender identity. The state House and Senate moved quickly to block that anti-discrimination measure, voting to pass their respective versions of the Equal Access to Intrastate Commerce Act, H. 600 and S. 632. The new law simply states that local governments cannot pass anti-discrimination measures that go beyond what the state legislature has mandated. However, that measure will have far-ranging effects on legislation intended to protect the rights of gay, lesbian and transgendered individuals. In the end, the law was opposed even by the Tennessee Chamber of Commerce, which, according to published reports, came out in official opposition to the bill shortly before the vote (H. 600 and S. 632, L. 2011, effective
May 23, 2011, at TN 44-2500).

Tennessee
Wage Payment Law

Tennessee has amended its wage payment law as follows. An employer may offset an employee's wages due and owing for an amount the employee owes the employer if: (1) an employer enters into an agreement with an employee to advance the employee wages prior to the date the wages are due and owing, agrees to otherwise lend the employee money, or permits the employee to charge personal items on the business or corporate credit card issued to the employee; (2) the employee signs a written agreement prior to any actions occurring pursuant to item (1) allowing the employer to offset the employee's wages for any amount the employee owes the employer, and the employer has in its possession at the time of the offset a copy of such signed agreement; (3) the employer notifies the employee in writing 14 days prior to the payment of wages due and owing that: (a) there is an amount the employee owes the employer; (b) the employee's wages may be offset if the amount owed is not paid prior to the payment of wages due and owing; and (c) the employee may submit an affidavit as described just below; and (4) the employee has not paid the amount owed the employer that was described in the notice sent by the employer.
The employer shall not be entitled to offset an employee's wages due and owing if the employee sends a sworn affidavit to the employer, and a copy of such affidavit to the Tennessee Department of Labor and Workforce Development, no later than seven days after receiving notification from the employer, contesting the amount owed. If an employee contests an amount owed, then the employer may commence an appropriate civil action to recover the amount the employer alleges that the employee owes the employer (Ch. 273 (H. 1819), L. 2011, effective July 1, 2011, at TN ¶44-1200).

Utah
Preemployment Inquiries Law

U.S. District Judge Clark Waddoups issued a temporary restraining order to block enforcement of H. 497, L. 2011 (The Illegal Immigration Enforcement Act) May 10, 2011--the same day the law was scheduled to take effect. H. 497, enacted March 15, 2011, was modeled after Arizona’s immigration enforcement law. It requires that the police check the immigration status of anyone stopped for felonies or certain misdemeanors. However, the court’s action means that the state cannot enforce the law until July 14, 2011, when the court will hear argument on whether the court should issue a preliminary injunction preventing the law from having any effect while the case is pending. The court made no ruling on the constitutionality of the bill. The Commissioner of the Department of Public Safety has been notified that the law cannot be enforced (UT ¶46-9000).

Virginia
Preemployment Inquiries Law

Effective December 1, 2013, any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with this requirement shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer's registration and participation in the E-Verify program (Ch. 573 (H. 1859), L. 2010, enacted March 25, 2011, at VA ¶48-9000).

Washington
Disability Law

Effective July 22, 2011, food establishments will be required by law to allow persons with disabilities to bring their trained dog guides or service animals onto the business premises (Ch. 237 (H. 1728), L. 2011, at WA ¶49-2600).