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March 2011
Alabama
Unemployment Insurance Law
Since the trust fund balance was less than 70% of the desired level at the end of 2010, Schedule D of the tax table continues to apply in calendar year 2011. Rates in that schedule range from 0.59% to 6.74%. In addition, the Shared Cost Assessment for 2011 is 1.6%. Note that all experience-rated employers (except new employers and employers assigned a rate of at least 5.4% but no greater than 5.45%) are required to pay the 0.06% employment security administrative (ESA) enhancement assessment under Schedule D (AL ¶1-1700).
Alaska
Overtime Pay Law
Rules of the Department of Labor and Workforce Development relating to minimum wages and overtime have been amended to clarify overtime exemptions for certain truck drivers and hospital workers. Effective March 24, 2011, employers of line haul truck drivers that use alternate rates of overtime pay must provide a written explanation of the alternate rate, which must be signed by employees. The exemption for hospital employees whose employment includes the provision of medical services is clarified to provide that the “provision of medical services” means “those necessary hands-on, medical functions, procedures and protocols that an employee renders personally to an individual patient, where such services involve face-to-face or other direct interaction between employee and patient” (8 AAC 15.101 and 15.910, amended effective March 24, 2011 (Register 197, April 2011), at AK ¶2-1100)).
Arizona
Unemployment Insurance Law
For 2011, all positive-balance employers except those eligible for the minimum 0.02% rate and new employers have rate increases. Rates for positive-balance employers range from 0.02% to 2.82% for 2011. An employer with a reserve rate of zero pays at a rate of 2.93%. Negative-balance employers pay rates ranging from 3.09% to 5.86% for 2011. The 0.1% Job Training Assessment also must be paid by each employer this year (AZ ¶3-1700).
California
Minimum Wage Law
Effective through June 30, 2011, the living wage rates for San Diego are as follows: $11.00 plus $2.20 per hour in health benefits or a full cash wage of $13.20 per hour. Also through June 30, 2011, the living wage in Santa Barbara is as follows: (1) If basic medical insurance and compensated holidays are provided, a wage of no less than $13.24 per hour. (2) If supplemental employee benefits are provided, a wage of no less than $12.14 per hour. (3) If benefits are not provided, a wage of no less than $15.45 per hour.
Living wage rates for San Leandro have also been updated (CA ¶5-1000).
California
Recordkeeping/Posters Law
The following posters have been added: Spanish version of general minimum wage order poster; operating rules for industrial trucks posters (English and Spanish); farm labor contractor statement of pay rates poster; and San Leandro living wage poster (CA ¶5-9900).
Hawaii
Sexual Orientation Discrimination Law
On February 23, 2011, Governor Neil Abercrombie signed into law a civil union bill extending the same rights, benefits and protections of married couples to partners in civil unions (S. 232, L. 2011, effective January 1, 2012, at HI ¶12-3100).
Maryland
Minimum Wage Law
The current living wage for Prince George’s County is $12.65 per hour (MD ¶21-1000).
Massachusetts
Minimum Wage Law
The Revere living wage has been updated (MA ¶22-1000).
Mississippi
Preemployment Inquiries Law
Rules relating to fingerprinting and background checks of Department of Mental Health applicants, employees, and volunteers have been updated (MS ¶25-9000).
New York
Minimum Wage Law
Through June 30, 2011, the living wage rates for Rochester are as follows: $10.59 per hour if insurance is offered; $11.83 per hour if insurance is not offered (NY ¶33-1000).
New York
Recordkeeping/Posters Law
The Buffalo living wage poster has been added (NY ¶33-9900).
New York
Unemployment Insurance Law
2011 rate information has been updated (NY ¶33-1700).
North Carolina
Meal and Rest Periods Law
The North Carolina State Personnel Commission has adopted rules relating to state agencies’ workplace accommodation of nursing mothers. State agencies are now required to provide time and a private space other than a restroom or common area to allow for nursing mothers to express breast milk. The agency may require the employee to use the regularly scheduled break time. If time is needed beyond the regularly scheduled paid break times, the agency must make reasonable efforts to allow employees to use paid leave or unpaid time for this purpose (North Carolina Administrative Code, Title 25, Chapter 01, 25 NCAS 01N.0601—.0605 (posted in N.C. Register February 1, 2011), at NC ¶34-1400).
North Dakota
Preemployment Inquiries Law
The state has amended rules relating to background checks for preschool workers (ND ¶35-9000).
Ohio
Minimum Wage Law
The current living wage for Lakewood is $12.47 per hour if health benefits are paid by the employer, and $13.81 per hour if health benefits are not paid by the employer (OH ¶36-1000).
Texas
Unemployment Insurance Law
Contribution rates range from 0.78% to 8.25% for 2011. The replenishment ratio is 1.28. The replenishment tax rate is 0.56%. The obligation assessment ratio is 0.26 for 2011. The interest tax rate is 0.0%, and the employment training assessment rate is 0.10% for 2011 (TX ¶45-1700).
Wyoming
Workers’ Compensation Law
Effective July 1, 2011, volunteers working on projects approved by the Wyoming Department of State Parks and Cultural Resources will be covered under the state’s workers’ comp law (Act 4 (S. 28), L. 2011, at WY ¶52-4300).