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May 2011
Arizona
Preemployment Inquiries Law
A three-judge panel of the Ninth Circuit has ruled that a federal court in Arizona did not abuse its discretion when it blocked the state of Arizona from enforcing key provisions of its controversial immigration law pending a challenge to the measure by the Obama Administration. The lower court properly concluded that the United States was likely to succeed on the merits of its constitutional challenge to the Arizona statute, the appeals court found (April 11, 2011) (AZ ¶3-9000).
In other news, the state amended its law relating to background checks/fingerprinting of specified individuals working with juveniles to include those working with vulnerable adults (S. 1082, L. 2011). Also, the state has added fingerprint clearance card requirements for state hospital workers and volunteers (Ch. 177 (S. 1025), L. 2011).
(AZ ¶3-9000).
Arizona
Wage Payment Law
The Protect Arizona Employees’ Paychecks from Politics Act regulates paycheck deductions for political purposes. An employer may not deduct payment from an employee's paycheck for political purposes unless the employee annually provides written authorization (Ch. 251 (S. 1365), L. 2011, at AZ ¶3-1200).
The state has also enacted a law authorizing payment to employees to be made by payroll card account, an account that is directly or indirectly established through an employer and to which electronic fund transfers of an employee's wages are made on a recurring basis, whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution, or any other person (Ch. 193 (H. 2151), L. 2011, at AZ ¶3-1200).
Arkansas
Drug Testing Law
Arkansas has enacted a law stating that it is unlawful for any person, partnership, association, or corporation to require any employee or applicant to take a physical, medical examination, or drug test unless such test and copy of results is provided at no cost to the employee or applicant (Act 980 (S. 244), L. 2011, at AR ¶4-8600).
Arkansas
Family, Medical and Parental Leaves Law
The state has enacted a law that requires public and private employers who provide maternity or paternity leave for employees after the birth of a child to provide the same leave for employees who are adoptive parents who request such leave upon placement of an adoptive child in the adoptive parent’s home (S. 858, L. 2011, at AR ¶4-7005).
Additionally, definitions under Arkansas Code Sec. 21-4-216 relating to state employee leave for participation in children’s educational activities have been amended (Act 584 (S. 306), L. 2011, at AR ¶4-7075).
Arkansas
Military and Emergency Services Leave Law
Arkansas has enacted a law relating to leaves of absence and reemployment of military personnel called to active duty, including public school teachers, administrators, and noncertified personnel (Act 1164 (H. 1024), L. 2011, at AR ¶4-7200).
Arkansas
Preemployment Inquiries Law
The state has enacted a law amending provisions relating to criminal background checks for health care providers (Act 516 (S. 559), L. 2011, at AR ¶4-9000).
Colorado
Preemployment Inquiries Law
Colorado has enacted a law to protect employers of health care workers who, when requested by prospective or current employers, in good faith disclose information about any involvement in drug diversion, drug tampering, patient abuse, violation of employer drug or alcohol policies, or crimes of violence by a health care worker who is an employee or former employee of the responding employer. Employers making such good-faith disclosures would not be in violation of state law prohibiting blacklisting and also would not be liable for any consequences resulting from such disclosure, unless the health care worker is able to show, by a preponderance of the evidence, that the information is false and that the employer providing the information knew or reasonably should have known the information is false. This law becomes effective July 1, 2011 (H. 1148, L. 2011, enacted March 21, 2011, at CO ¶6-9000).
Idaho
Child Labor Law
The state has amended its child labor law to provide that a student may be employed by the public schools of the district for a maximum of 10 hours per week if such employment is voluntary and with the consent of the student’s legal guardian (S. 1147, L. 2011, at ID ¶13-1500).
Indiana
Fair Employment Practices Law
Effective July 1, 2011, public and private employers doing business in Indiana
may not:
(P.L. 17-2011 (S. 411), L. 2011, at IN ¶15-2500).
Kentucky
Unemployment Insurance Law
Contribution rate information has been updated (KY ¶18-1700).
Louisiana
Unemployment Insurance Law
For 2011, contribution rates for eligible positive reserve ratio employers range from 0.11% to 2.39%. Rates for eligible negative reserve ratio employers range from 2.45% to 6.20% (LA ¶19-1700).
Maryland
Preemployment Inquiries Law
Effective October 1, 2011, the Job Applicant Fairness Act sets forth the circumstances under which an employer may use the credit report or credit history of an employee or applicant for employment (Ch. 29 (H. 87), L. 2011, and Ch. 28 (S. 132), L. 2011, at MD ¶21-9000).
Maryland
Wage Payment Law
Effective October 1, 2011, an agreement to work for less than the wage required by law is void (Ch. 118 (H. 298), L. 2011, at MD ¶21-1200).
Minnesota
Overtime Pay Law
The overtime pay law does not apply to employees of air carriers subject to Title II of the Railway Labor Act when the hours worked by an employee in excess of 48 in a workweek are not required by the carrier, but are arranged through a voluntary agreement among employees to trade scheduled work hours (Ch. 11 (S. 488), L. 2011, at MN ¶24-1100).
Montana
Minimum Wage Law
The state’s minimum wage law has been amended to update a federal reference in the definition of a person in an outside sales capacity. Exempt from the state’s minimum wage and overtime requirements are those employed in an outside sales capacity pursuant to 29 CFR 541.500 (H.
84, L. 2011, enacted March 16, 2011, and effective October 1, 2011, at MT ¶27-1000).
Montana
Wage Payment Law
The state’s wage payment law has been amended to provide that the definition of “employee” does not include an independent contractor (H. 84, L. 2011, enacted March 16, 2011, and effective October 1, 2011, at MT ¶27-1200).
New Jersey
Fair Employment Practices Law
In what his attorneys state is the first lawsuit to challenge the firing of a transgender person from a job where being male or female is a job qualification, a transgender male has filed suit against the drug treatment center that fired him from a position open only to males after the center’s director learned that he was born a female (Devoureau v Camden Treatment Assoc, LLC, complaint filed April 8, 2011). The suit, which alleges gender identity, sex, and disability discrimination, challenges the termination under New Jersey’s Law Against Discrimination, which protects transgender people from employment discrimination (NJ ¶31-2500).
In other news, the state has enacted a law prohibiting discrimination based on employment status. Unless otherwise specifically permitted by law, rule or regulation, no employer or employer's agent, representative, or designee shall knowingly or purposefully publish, in print or on the Internet, an advertisement for any job vacancy in the state that contains one or more of the following: (1) any provision stating that the qualifications for a job include current employment; (2) any provision stating that the employer or employer's agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or (3) any provision stating that the employer or employer's agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed. Civil penalties for employers violating this law range from $1,000 to $10,000 (Ch. 40 (A. 3359), L. 2010, enacted March 29, 2011, and effective June 1, 2011, at NJ ¶31-2500).
New Jersey
Recordkeeping/Posters Law
The New Jersey Division on Civil Rights, of the Department of Law and Public Safety, has modified its employment, housing, public accommodations and Family Leave Act posters to reflect changes in the agency’s web address and contact information for the agency’s regional offices (NJ ¶31-9900).
New Mexico
Drug Testing Law
The state has enacted a law requiring drug and alcohol testing for direct health care providers in state health care facilities, effective June 17, 2011 (Ch. 90 (S. 295), L. 2011, at NM ¶32-8600).
North Dakota
Child Support Enforcement Law
Effective January 1, 2012, an income payer that employs more than 24 employees at any time and has received more than four income withholding orders for child support shall remit any withheld funds by an electronic method approved by the child support agency. An income payer that employs more than 24 employees at any time and has received fewer than five income withholding orders for child support may choose to opt out of an electronic method approved by the child support agency only through a written request. The requirement to remit funds electronically may be waived upon a showing of good cause (S. 2258, L. 2011, at ND ¶35-5500).
North Dakota
Fair Employment Practices Law
North Dakota has enacted a law amending documentation requirements for veterans' preference in employment (S. 2279, L. 2011, at ND ¶35-2500).
North Dakota
Family, Medical and Parental Leaves Law
A state employee may take 80 (formerly, not more than 40) hours of leave in any 12-month period to care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition.
Also, upon approval of the employee's supervisor and pursuant to rules adopted by the director of the office of management and budget, a state employee may take, in any 12-month period, up to an additional 10 percent of the employee's accrued sick leave to care for the employee's child, spouse, or parent if the child, spouse, or parent has a serious health condition (S. 2213, L. 2011, at ND ¶35-7025).
North Dakota
Health Insurance Benefit Coverage Law
North Dakota has enacted a law that essentially nullifies last year’s federal health care reform legislation (S. 2309, L. 2011, at ND ¶35-4000).
North Dakota
Military and Emergency Services Leave Law
Effective August 1, 2011, honor guard leave will be an approved absence from work, with pay, of up to 24 working hours per calendar year for a state employee to participate in an honor guard for a funeral service of a veteran. A governmental entity may grant a request for honor guard leave even if the absence of the employee might interfere with the normal operations of the agency. This applies to each governmental entity that employs an individual in a position classified by human resource management services (S. 2060, L. 2011, at ND ¶35-7200).
North Dakota
New Hire Reporting Law
Effective January 1, 2012, employers will be required to report, as part of the new hire reporting process, whether they offer health insurance to their employees. Also effective January 1, 2012, an employer that employs more than 24 employees at any time must report new hires through an internet-based method provided by the Department of Human Services. An employer that does not comply with the internet reporting requirement will be deemed to have failed to report new hires as required by law. The department may waive, upon a showing of good cause, the requirement to report new hires electronically (S. 2258, L. 2011, at ND ¶35-1600).
North Dakota
Wage Payment Law
The state’s wage payment law has been amended to add provisions on a private employer’s payment of accrued paid time off to an employee who voluntarily separates from employment (S. 2138, L. 2011, at ND ¶35-1200).
Oklahoma
Preemployment Inquiries Law
The state has enacted a law exempting former full time teachers from criminal history record searches when applying for substitute teaching positions. The teacher must be able to provide a copy of the national criminal history record check and a letter from the school district in which the teacher was last employed stating the teacher left in good standing (S. 59, L. 2011, at OK ¶37-9000).
Additionally, technology center employees hired on a part-time or temporary basis for the instruction of adult students are exempt from criminal history record checks (S. 12, L. 2011, at OK ¶37-9000).
Oregon
Fair Employment Practices Law
The state has enacted a law expanding the definition of the term “uniformed service” for the purpose of employment protections for members of the uniformed service to match the federal definition (Ch. 18 (H. 2241), L. 2011, at OR ¶38-2500).
Oregon
Military and Emergency Services Leave Law
The state has enacted a law including initial active duty for training as a type of military leave for which a public employee may take a leave of absence (Ch. 18 (H. 2241), L. 2011, at OR ¶38-7200).
South Dakota
Minimum Wage Law
South Dakota's minimum wage law has been amended to exempt certain seasonal workers from minimum hourly wage and tip requirements (H. 1148, L. 2011, at SD ¶43-1000).
Vermont
Preemployment Inquiries Law
Effective July 1, 2011, an employee whose job duties may place the person in a position of power, authority or supervision over or permit unsupervised contact with a minor or vulnerable adult must sign a preemployment waiver authorizing the disclosure of job-related information from current and former employers to prospective employers. Also, prospective employers must request in writing, and current or former employers must promptly disclose, all factual information that would lead a reasonable person to conclude that the prospective employee engaged in conduct jeopardizing the safety of a minor or vulnerable adult. Current and former employers are to provide a copy of the disclosure or a statement that there is nothing to disclose to both the prospective employer and employee. Affected employees are to be given the opportunity to review and respond to the information (Act 5 (H. 431), L. 2011, at VT ¶47-9000).
Washington
Fair Employment Practices Law
Effective July 22, 2011, in every private, nonpublic employment in this state, honorably discharged soldiers, sailors, and marines who are veterans of any war of the United States, or of any military campaign for which a campaign ribbon has been awarded, and their widows or widowers, may be preferred for employment. Spouses of honorably discharged veterans who have a service connected permanent and total disability may also be preferred for employment. These preferences are not considered violations of any state or local equal employment opportunity law, including but not limited to any statute or regulation adopted under the Washington Law Against Discrimination (Ch. 144 (H. 1432), L. 2011, at WA ¶49-2500).
Washington
Sexual Orientation Discrimination Law
For the purposes of the Washington Revised Code and any subsequent legislation enacted in the state, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family generally shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, unless the legislation expressly states otherwise and to the extent that such interpretation does not conflict with federal law. Gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships (Ch. 9 (H. 1649), L. 2011, enacted April 5, 2011, at WA ¶49-3100).
West Virginia
Health Insurance Benefits Coverage Law
Effective January 1, 2012, group insurers and HMOs will be required to provide coverage for the diagnosis and treatment of autism spectrum disorders in individuals ages 18 months through 18 years (H. 2693, L. 2011, at WV ¶50-4000).
West Virginia
Recordkeeping/Posters Law
The state has enacted a law requiring railroad companies to provide pesticide safety information at a central location accessible to employees of the railroad company and to the public and local communities along the right-of-way treated by pesticide use. Additionally, the law requires railroad companies to provide pesticide safety training annually to their employees who work along railroad rights-of-way and in rail yards. The law imposes recordkeeping and posting requirements on railroad company employers (H. 3126, L. 2011, passed March 12, 2011; in effect 90 days from passage; WV ¶50-9900).