October 2011

Alabama
Employment Verification, Immigration

On September 28, 2011, U.S. District Judge Sharon L. Blackburn issued a ruling in U.S. v. State of Alabama (NDAla, Case No. 2:11-CV-2746-SLB) refusing to block certain key parts of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (Act No. 2011-535 (H. 56), L. 2011, enacted June 9, 2011), such as provisions allowing immigration status checks, including that of public school students. However, Judge Blackburn temporarily enjoined four parts of the law that would make it a crime for an unauthorized alien to knowingly apply for work, solicit work in a public or private place, or perform work as an employee or independent contractor; make it a crime to conceal, harbor, shield or transport illegal immigrants; prohibit businesses from taking tax deductions for wages paid to illegal workers; and allow civil actions against employers for the discriminatory practice of discharging or failing to hire legal workers while hiring illegal immigrants (Sections 11(a), 13, 16 and 17 of H. 56, L. 2011).

On October 7, 2011, the Justice Department filed a motion asking the Eleventh Circuit Court of Appeals to bar implementation of Alabama's immigration law.
In its motion, the DOJ contends that the law "could have dire diplomatic consequences abroad, invites discrimination and merely forces illegal immigrants into neighboring states." The DOJ also contends that the law will expose individuals, including children, to "new difficulties in routine dealings."

On October 14, 2011, the Eleventh Circuit Court of Appeals issued a ruling blocking enforcement of key portions of Alabama’s immigration law. The court granted a temporary injunction holding that Alabama schools may not check the immigration status of students and that law enforcement authorities may not charge immigrants who fail to carry documents proving their legal status.

Portions of the law dealing with employer obligations remain unaffected by these court actions. Full Text, State Employment Library ¶1-24,050; ¶1-49,001—¶1-49,031. Summaries, State Employment Law Library ¶1-9000.

Alabama
Unemployment Insurance

The 0.06% employment security administrative enhancement assessment, which was set to expire September 30, 2011, has been extended. It will now end on September 30, 2013.

Additionally, Alabama has announced that its employers have been informed of an additional 0.07% unemployment compensation tax assessment on their 2010 taxable wages in order to repay interest owed to the federal government. The state has been borrowing money to pay unemployment benefits for almost two years, and the interest on those monies is due September 30, 2011. State law requires that such interest be repaid by an assessment on employers. It totals approximately $5.60 per employee where the loss of the FUTA credit would cost approximately $21 per employee. Summaries, State Employment Law Library ¶1-1700.

Arizona
Wage Payment
Because a law affecting union checkoffs affected some, but not all unions, a federal district court found that the law violated two unions’ First Amendment rights and granted a union’s request for a preliminary injunction of the enforcement of Arizona’s “Protect Arizona Employees’ Paychecks from Politics Act (United Food and Commercial Workers, Local 99 v Brewer, September 23, 2011, Snow, G). The law was to have taken effect October 1, 2011. Summaries, State Employment Law Library ¶3-1200.

California
Child Labor

An exemption from maximum work hour requirements for certain minors in Lake County to work in agricultural packing plants during peak harvest season when school is not in session, which was scheduled to be repealed January 1, 2012, has been extended until January 1, 2017. This exemption authorizes the employment during the peak harvest season of a minor, 16 or 17 years of age who resides in Lake County, during any day in which school is not in session for up to 10 hours per day and more than 48 hours but not more than 60 hours in any one week, only upon the prior written approval of the Lake County Office of Education. This law was also amended to change the written requirements of affected employers to require a written report regarding payroll to be filed annually on or before October 1, and also changed the requirements for the Labor Commissioner to issue instead of an annual report a single written report on the working conditions of minors employed in the agricultural packing industry, to be filed by November 1, 2016, and which would cover the period from March 1, 2011, to October 1, 2016 (Ch. 489 (A. 1398), L. 2011). Full text, State Employment Law Library ¶5-45,050. Summaries, State Employment Law Library, ¶5-1500.

California
Employment Verification, Immigration
Governor Jerry Brown signed legislation (A. 1236) on October 9, 2011, that will prohibit the state, or a city, county, city and county, or special district from requiring an employer other than one of those government entities to use an electronic employment verification system except when required by federal law or as a condition of receiving federal funds. The new law is known as the Employment Acceleration Act of 2011, and is effective January 1, 2012. The federal E-Verify program enables participating employers to use the program on a voluntary basis to verify that the employees they hire are authorized to work in
the United States. Full Text, State Employment Law Library ¶5-24,050.21 through ¶5-24,050.23. Summaries, State Employment Law Library ¶5-2500.

California
Fair Employment Practices
Genetic information. California Governor Jerry Brown has signed legislation making it unlawful for employers to discriminate against either prospective or current employees on the basis of their genetic, or DNA, information. Under Ch. 261 ( Senate Bill 559), the civil rights protections for state residents were extended by adding “genetic information” as a protected class to all state anti-discrimination statutes. The law will specifically bar discrimination based on genetic data in the areas of housing, employment, education, public accommodations, health insurance, mortgage lending, and elections. The law builds on and expands genetic discrimination protection found in the federal Genetic Information and Nondiscrimination Act (GINA), which prohibits health insurers and employers from using DNA data suggesting that an individual may be predisposed to certain diseases to either deny them insurance or to affect their workplace status. Unlike the California law, GINA does not prohibit insurance companies from using that data to make coverage decisions relating to pre-existing conditions.
Additionally, by adding genetic information to the characteristics listed in the Unruh Civil Rights Act, the legislation expands the list of bases upon which a health facility may not discriminate in the provision of emergency services. Full Text, State Employment Law Library ¶5-20,025.20, ¶5-20,025.21, and ¶5-20,025.26, ¶5-20,025.261; ¶5-20,025.30, ¶5-20,025.31, ¶5-20,025.35, ¶5-20,025.40, ¶5-20,025.44, ¶5-20,025.93 and ¶5-20,026.01. Summaries, State Employment Law Library ¶5-2500.

Gender identity/expression. In other action, the governor signed A. 887, L. 2011, making it unlawful for employers to discriminate against either prospective or current employees on the basis of their gender identity or expression. This legislation redefines the definition of “gender” to include a person's gender identity and gender expression and further defines gender expression as meaning a person's gender-related appearance and behavior, whether or not stereotypically associated with the person's assigned sex at birth. Also, employers are required to allow an employee to appear or dress consistently with the employee's gender expression.

By adding gender identity or expression to the characteristics listed in the Unruh Civil Rights Act, the legislation expands the list of bases upon which a health facility may not discriminate in the provision of emergency services. Full Text, State Employment Law Library ¶5-20,025.20, ¶5-20,025.21, and ¶5-20,025.26, ¶5-20,025.261; ¶5-20,025.30, ¶5-20,025.31, ¶5-20,025.35, ¶5-20,025.40, ¶5-20,025.44, ¶5-20,025.49, ¶5-20,025.93 and ¶5-20,026.01. Summaries, State Employment Law Library ¶5-2500.

Marital status/sexual orientation. California Governor Jerry Brown has signed a law that prohibits discrimination in public contracts based on gender or sexual orientation. Senate Bill 117 amends the Public Contract Code to prohibit state agencies from entering into contracts for at least $100,000 with any contractor who discriminates between employees with spouses or domestic partners of a different sex and employees with spouses or domestic partners of the same sex. The bill would also prohibit agencies from entering into contracts with contractors who discriminate between either same-sex and different-sex domestic partners of employees, or between same-sex and different-sex spouses of employees.
The law is scheduled to go into effect on January 1, 2012, and will not apply to public contracts either executed, or amended, prior to January 1, 2007. Full text, State Employment Law Library ¶5-23,302.01. Summaries, State Employment Law Library ¶5-3100 and ¶5-3200.

California

Labor Relations

Effective January 1, 2012, a public entity is authorized to use, enter into, or require contractors to enter into, a project labor agreement (prehire collective bargaining agreement) for a construction project, if the agreement includes the following taxpayer protection provisions: (1) The agreement prohibits discrimination based on race, national origin, religion, sex, sexual orientation, political affiliation, or membership in a labor organization in hiring and dispatching workers for the project; (2) The agreement permits all qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to collective bargaining agreements; (3) The agreement contains an agreed-upon protocol concerning drug testing for workers who will be employed on the project; (4) The agreement contains guarantees against work stoppages, strikes, lockouts, and similar disruptions of the project; (5) The agreement provides that disputes arising from the agreement must be resolved by a neutral arbitrator (Ch. 431 (S. 922), L. 2011). Full text, State Employment Law Library ¶5-63,106, ¶5-63,107 and ¶5-63,108.

California
Military Leave

The military leave law pertaining to state employees who are members of the California National Guard has been amended to provide that when the state determines an overpayment has been made to a state employee on active military duty, administrative action to recover overpayment must be initiated within six years from the date of overpayment, unless all of the following conditions exist: (1) the employee currently holds the military pay grade of E-1 to E-5, inclusive; (2) the overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the employee; (3) the overpayment was received without fault on the part of the employee; (4) recovery of the overpayment from the employee would be against equity and good conscience. Notwithstanding any other law, this requirement regarding overpayments applies to any overpayment made up to six years prior to September 30, 2011; Nothing in this provision is intended to revive actions or causes of action as to which there has been a final judgment prior to that operative date (Ch. 374 (S. 806), L. 2011). Full text, State Employment Law Library ¶5-58,029. Summaries, State Employment Law Library, ¶5-7200.

California
Minimum Wage

The law relating to minimum wages for jockeys was revised for nonsubstantive changes. This law provides that the minimum wage that jockeys receive in a horse race is established by the California Horse Racing Board as a minimum jockey riding fee. Additional compensation may apply in a horse race for winning, second place and third place mounts. Effective January 1, 2012, the scale of minimum jockey riding fees for losing mounts established by the board will increase by $10 per mount from the rate in effect on December 31, 2011, except the three lowest fees will increase by $5, and thereafter the scale of riding fees for losing mounts is to increase whenever the state minimum wage is increased by a percentage of that increase. Effective January 1, 2012 (for purses $9,999 or less), the minimum amount awarded to a jockey who finishes second or third in a race will increase by $5 over the amount required to be paid on December 31, 2011 (Ch. 296 (A. 1023), L. 2011). Full text, State Employment Law Library ¶5-41,065a. Summaries, State Employment Law Library, ¶5-1000.

In addition, effective January 1, 2012, employees are entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid plus interest for violations of Labor Code Sections 98, 1193.6 or 1194. If an employer demonstrates to the satisfaction of the court or the labor commissioner that the act or omission giving rise to the action was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of any provision of the Labor Code relating to minimum wage, or an order of the commission, the court or the labor commissioner may, as a matter of discretion, refuse to award liquidated damages or may award partial liquidated damages (Ch. 272 (A. 240), L. 2011). Full text, State Employment Law Library ¶5-41,041. Summaries, State Employment Law Library, ¶5-1000.

California
New Hire Reporting

The state’s new hire reporting forms, Form DE 34 (for reporting employees), and Form DE 542 (for reporting independent contractors), have been updated. Summaries, State Employment Law Library ¶5-1600.

California
Prevailing Wages

There have been numerous amendments to the state’s prevailing wage laws:

The hauling of refuse from a public works site to an outside disposal location is included as a “public work” for which payment of prevailing wages must be paid to workers. This law, amended effective January 1, 2012, includes in the definition of "hauling of refuse" the hauling of specified materials other than certain recyclable metals, expanding the definition of "public works" and requiring the payment of prevailing wages for that activity (A. 514, L. 2011). Full text, State Employment Law Library ¶5-50,003.

California law requires that workers employed on public works projects must be paid not less than the general prevailing rate of per diem wages for work, except as specified. This law does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. This exception, which was scheduled to be repealed effective January 1, 2012, has been extended to January 1, 2017 (Ch. 219 (A. 587), L. 2011). Full text, State Employment Law Library ¶5-50,004.

Additionally, California’s prevailing wage law has been amended, effective January 1, 2012, to expand the definition of "public works" to also include any construction, alteration, demolition, installation, or repair work done under private contract that satisfies specified conditions related to energy (S. 136, L. 2011). Full text, State Employment Law Library ¶5-50,004a.

The Department of Industrial Relations has authority to monitor and enforce compliance with prevailing wage requirements on public works projects paid for in whole or in part by public funds derived from bonds issued by the state, and is to charge each awarding body for the reasonable and directly related costs of monitoring and enforcement of each project. Enforcement provisions have been amended, effective January 1, 2012, to revise the method the DIR is to use in setting reimbursement rates for related enforcement costs. In addition, the law has been amended to provide that, upon order of the Director of Finance, a loan in the amount of $4,300,000 must be provided from the Uninsured Employers Benefit Trust Fund to the State Public Works Enforcement Fund to meet the startup needs of the Labor Compliance Monitoring Unit (Ch. 378 (A. 436), L. 2011). Full text, State Employment Law Library, ¶5-50,024b, ¶5-50,025, ¶5-50,025a, ¶5-50,027, ¶5-50,027aa, ¶5-50,027a, ¶5-50,027ab, and ¶5-50,027b.

California law requiring payment of prevailing wages on public works projects requires each contractor and subcontractor on a public works project to keep payroll records, and requires that these records contain information specified by the Division of Labor Standards Enforcement. Certain personal identification information must be removed when certified payroll records are made available for inspection to the public or to a public agency. Effective January 1, 2012, nonredacted copies of certified payroll records will be required to be provided, upon request, to any agency included in, and for the purposes of, the Joint Enforcement Strike Force on the Underground Economy, or to any law enforcement agency. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by these agencies must be marked or redacted to prevent disclosure of an individual's name, address, and social security number. An employer would not be liable in a civil action for any reasonable act or omission taken in good faith in compliance with these requirements. In addition, penalties for violations have been increased (Ch. 481 (A. 766), L. 2011). Full text, State Employment Law Library, ¶5-50,041.

California’s prevailing wage law has been amended, effective January 1, 2012, to increase maximum penalties for violations to $200 for each calendar day, and will increase the minimum penalty except in certain cases of a good faith mistake to no less than $40 for each calendar day. The bill will also increase the penalty assessed to contractors and subcontractors with prior violations from $20 to $80, and from $30 to $120 for willful violations. Further, penalties for recordkeeping violations will increase to $100 for each calendar day for each worker. The law has also been revised to make a contractor or subcontractor on a public works project that is found to have committed two or more separate willful violations within a three-year period ineligible for a period of up to three years to either bid on or be awarded a contract or perform work as a subcontractor of a public works project. Further, a contractor or subcontractor who fails to provide a timely response to a request to produce certified payroll records must be notified by the Labor Commissioner that he or she will be subject to debarment if such records are not received within 30 days after receipt of the written notice, and such contractor or subcontractor would be ineligible to bid on or be awarded a public works contract for a period of one to three years (A. 551, L. 2011). Full text, State Employment Law Library ¶5-50,040, ¶5-50,041 and ¶5-50,043.

California
Wage Payment

The Labor Commissioner has authority to investigate employee complaints and may provide for a hearing in any action to recover wages, penalties and other demands for compensation, including, effective January 1, 2012, claims for liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute. It is also within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of the filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, whether action will be taken or whether no further action will be taken on the complaint. Further, the Labor Commissioner may prosecute all actions for the collection of wages, penalties and demands due, as well as for the return of worker's tools that may be in the illegal possession of another person (Ch. 272 (A. 240), L. 2011). Full text, State Employment Law Library, ¶5-46,089. Summaries, State Employment Law Library, ¶5-1200.

The California Labor Code has also been amended to provide that violation of employer agreements to make payments to a health and welfare fund, pension fund or vacation plan or similar employee benefit, or negotiated industrial promotion fund, or collective bargaining agreement, where willful failure or intent to defraud to fail to make payments exceeds $500, is punishable by imprisonment, pursuant to Penal Code Section 1170(h) or county jail of up to one year or by a fine of not more than $1,000 or both imprisonment and fine (Ch. 15 (A. 109), L. 2011). Full text, State Employment Law Library ¶5-46,048. Summaries, State Employment Law Library, ¶5-1200.

Colorado
Background Checks

The Safer Schools Act of 2011 (Ch. 242 (H. 1121), L. 2011) amends the law relating to disqualification from employment for conviction of certain offenses. Full text, State Employment Law Library ¶6-23,600.08, ¶6-23,600.09, and ¶6-23,600.13. Summaries, State Employment Law Library ¶6-9000.

Colorado
Minimum Wage

The Colorado Department of Labor and Employment, Division of Labor, has announced a notice of public hearing for proposed rules to increase the state minimum wage to $7.64 per hour, with a minimum wage for employees who receive tips set at $4.62 per hour, effective on January 1, 2012. Currently, the minimum wage rate is $7.36 per hour, with a minimum wage for tipped employees of $4.34.

A new Colorado Minimum Wage Order Number 28, 7 CCR 1103-1, is proposed to adopt the new rate; Section 15 of Article XVIII of the state Constitution requires the state minimum wage to be adjusted annually for inflation, as measured by the Consumer Price Index used for Colorado. Public hearings are scheduled for November 4 at the Division of Labor (Source: Colorado Department of Labor and Employment, Division of Labor, Notice, September 30, 2011). See Sec. 15 of Article XVIII, Colorado Constitution. Full text, State Employment Law Library, ¶6-41,001. Summaries, State Employment Law Library, ¶6-1000.

Connecticut
Health Insurance Benefit Coverage

Effective January 1, 2012, group health insurers that deliver, issue for delivery, renew, amend or continue policies in Connecticut shall provide coverage for (1) lab and diagnostic tests, including, but not limited to, prostate specific antigen (PSA) tests, to screen for prostate cancer for men who are symptomatic or whose biological father or brother has been diagnosed with prostate cancer, and for all men 50 years of age or older; and (2) the treatment of prostate cancer, if such treatment is medically necessary and in accordance with specified guidelines (P.A. 11-225 (S. 396), L. 2011). Summaries, State Employment Law Library ¶7-4000.

Connecticut
Labor Relations

Connecticut Governor Dannel P. Malloy issued two Executive Orders on September 21, 2011, affecting employment rights of personal care attendants and family child care providers. Executive Order No. 9 allows certain family child care providers who receive subsidies through the state’s Care 4 Kids program to elect a majority representative that would engage in nonbinding discussions with the state over issues of relevance to that class of workers. Such issues could include compensation, how to improve the recruitment and retention of qualified family child care providers, the quality and availability of the state’s family child care, and training and professional development.

Executive Order No. 10 creates a seven-member Personal Care Attendant Quality Home Care Workforce Council charged with studying issues related to retention, training, and compensation for personal care attendants. The Council, which will be comprised of the Commissioner of Social Services, the Commissioner of Developmental Services, and the Healthcare Advocate, or their respective designees, and four appointees to be named by the Governor, will create personal care attendant registries that would allow consumers to find and look up background information on personal care attendants. The Council will also study issues related to retention, training, and compensation for personal care attendants. Executive Order 10 also creates a procedure for personal care attendants to elect a majority representative that would hold nonbinding discussions with the Workforce Council over such issues as the quality and availability of personal care attendants, recruitment and retention, compensation, and training and professional development. Full text, State Employment Law Library ¶7-63,801 and ¶7-63,802.

Connecticut
Unemployment Insurance

In order to pay the interest due on Connecticut’s Title XII loan, the state’s employers have been assessed an additional $1.70 per $1,000 of taxable payroll, to a maximum of $25.50 per employee, for 2011. Summaries, State Employment Law Library ¶7-1700.

Delaware
Disability Law

The state has enacted a law amending current references to persons with disabilities throughout the Delaware Code by placing the person first and the disability second. The law removes offensive or insensitive language from the Code and replaces that language with respectful language (H. 214, L. 2011). Full text, State Employment Law Library ¶8-20,750.20—¶8-20,750.23. Summaries, State Employment Law Library ¶8-2600.

Florida
Minimum Wage

Effective through September 30, 2012, the Miami-Dade County living wage is no less than $11.70 per hour if the covered employees are part of the service contractor’s qualifying health benefits plan. If no such plan is provided, the service contractor must pay no less than $13.41 per hour. Summaries, State Employment Law Library ¶10-1000.

Indiana
Workers’ Compensation

The state has amended its workers’ comp law with respect to posting requirements and penalties (Act 576 (S. 576), L. 2011). Summaries, State Employment Law Library ¶15-4300.

Louisiana
Background Checks

The state has amended its law relating to criminal history checks of licensed ambulance personnel (Act 133 (S. 65), L. 2011). Full text, State Employment Law Library ¶19-23,600.33. Summaries, State Employment Law Library ¶19-9000.

Louisiana
Employment Verification, Immigration

Employment verification will be required on public works contracts entered into or bids offered on or after January 1, 2012. A private employer must not bid on or otherwise contract with a public entity for the physical performance of services within the state of Louisiana unless the private employer verifies in a sworn affidavit attesting to both of the following:  (1) the private employer is registered and participates in a status verification system to verify that all employees in the state of Louisiana are legal citizens of the United States or are legal aliens; and (2) the private employer shall continue, during the term of the contract, to utilize a status verification system to verify the legal status of all new employees in the state of Louisiana. The private employer must also require all subcontractors to submit to a sworn affidavit verifying compliance (Act 376 (H. 342), L. 2011). Full text, State Employment Law Library ¶19-24,040.21. Summaries, State Employment Law Library ¶19-9000.

Louisiana
Health Insurance Benefit Coverage

Effective January 1, 2012, health insurance issuers that use prescription drug formularies will be required to provide in plain language to an enrollee notice that a plan uses formularies, an explanation of such formularies, and certain other statements and information (Act 350 (H. 345), L. 2011). Summaries, State Employment Law Library ¶19-4000.

Minnesota
Employment Verification, Immigration

A contract for services valued in excess of $50,000 now requires certification from the vendor and any subcontractors that, as of the date services on behalf of the state of Minnesota will be performed, the vendor and all subcontractors have implemented or are in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the state of Minnesota (Ch. 10 (S. 12), L. 2011). Full text, State Employment Law Library ¶24-24,050.01. Summaries, State Employment Law Library ¶24-9000.

Minnesota
Unemployment Insurance

Minnesota's taxable wage base for 2012 will be $28,000. This is a $1,000 increase from the 2011 base amount of $27,000. Summaries, State Employment Law Library ¶24-1700.

Missouri
Health Insurance Benefit Coverage

The state has amended its law relating to health insurance coverage for certain cancer screenings (H. 388, L. 2011). Summaries, State Employment Law Library ¶26-4000.

Missouri
Unemployment Insurance

The state has amended its Employment Security Law with respect to voluntary leaving and military spouses. Summaries, State Employment Law Library ¶26-1700.

Montana
Disability Law

State employers are now required to provide reasonable accommodations to qualified individuals with disabilities in all aspects of employment unless doing so would cause undue hardship. Employees and applicants with a disability are encouraged to request reasonable accommodations at any time they identify a barrier to employment. A barrier may include a policy, procedure, or workplace arrangement preventing applicants from effectively competing for a position and employees from performing essential functions of their position or receiving benefits of employment. The obligation to provide reasonable accommodations applies to all aspects of employment. This responsibility is ongoing, and a reasonable accommodation may become necessary any time a person's disability or job changes (Title 2, Chapter 21, Subchapter 41, Rules 2.21.4101 through 2.21.4128, as adopted effective August 26, 2011). Full text, State Employment Law Library ¶27-20,800.01 through ¶27-20,800.28.

Montana
Minimum Wage

The minimum wage will rise to $7.65 per hour on January 1, 2012. Montana law requires that the state minimum wage be adjusted each year based on changes in inflation as measured by the Consumer Price Index, to be calculated each September 30 based on any increase in the CPI, rounded to the nearest five cents. The 2012 rate reflects a 3.8 percent increase in the CPI from August 2010 to August 2011, calculated as $7.35 x .038% equals $0.28 rounded to $0.30. A business not covered by the federal Fair Labor Standards Act whose gross annual sales are $110,000 or less may pay $4.00 per hour; However, if an individual employee is producing or moving goods between states or is otherwise covered by the Fair Labor Standards Act, that employee must be paid the greater of either the federal minimum wage or Montana’s minimum wage (Source: Montana Department of Labor and Industry, Commissioner’s Office, Press Release, October 1, 2011). See Section 39-3-409. Full text, State Employment Law Library ¶27-41,009. Summaries, State Employment Law Library ¶27-1000.

Montana
Unemployment Insurance

The taxable wage base for Montana in 2012 will increase to $27,000, up from the 2011 taxable wage base of $26,300. Summaries, State Employment Law Library ¶27-1700.

Nevada
Unemployment Insurance

The taxable wage base for Nevada in 2012 will decrease to $26,400, down $200 from the 2011 taxable wage base of $26,600. Summaries, State Employment Law Library ¶29-1700.

New Hampshire
Background Checks

The state has enacted a law providing for a more limited criminal records check when an employee or volunteer of a child day care agency, who has completed the full criminal records check within the last three years, transfers to another child day care agency (Ch. 100 (H. 488), L. 2011). Full text, State Employment Law Library ¶30-23,600.21. Summaries, State Employment Law Library ¶30-9000.

New Mexico
Unemployment Insurance

The current maximum weekly benefit amount is $386, and the current minimum weekly benefit amount is $72. Also, for 2012, the taxable wage base for New Mexico will be $22,400. This is a $500 increase from the 2011 taxable wage base of $21,900. Summaries, State Employment Law Library ¶32-1700.

New York
Health Insurance Benefits Coverage

Every policy delivered or issued for delivery in New York that provides medical, major medical, or similar comprehensive-type coverage and provides coverage for prescription drugs and also provides coverage for cancer chemotherapy treatment shall provide coverage for a prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells and shall apply the lower cost sharing of either (i) anticancer medication under the prescription drug benefit or (ii) intravenous or injected anticancer medications (Ch. 559 (S. 3988), L. 2011, effective January 1, 2012). Summaries, State Employment Law Library ¶33-4000.

New York
Violence in the Workplace

The Juvenile Justice Community Facility Violence Prevention Act adds facilities licensed by the Office of Children and Family Services to the list of employers that are required to design and implement workplace violence protection programs to prevent and minimize the hazard of workplace violence (Ch. 504 (A. 2129), L. 2011, enacted September 23, 2011, and effective on the 120th day after enactment). Summaries, State Employment Law Library ¶33-3300.

Ohio
Minimum Wage

The minimum wage in Ohio will increase to $7.70 per hour for non-tipped employees, and to $3.85 per hour for tipped employees (plus tips) on January 1, 2012. However, for those employees whose employers gross $283,000 or less per year and for minors ages 14 and 15 years old, the minimum wage is $7.25 per hour, which is tied to the federal rate (Source: Ohio Department of Commerce, Division of Industrial Compliance and Labor, Press Release, September 29, 2011). See Sec. 34a of Article II of the Ohio Constitution. Full text, State Employment Law Library ¶36-41,001. Summaries, State Employment Law Library ¶36-1000.

Oklahoma
Fair Employment Practices

The state has amended the requirement that employers not discriminate against military service members to make language inclusive as to gender (Ch. 124 (S. 633), L. 2011, effective November 1, 2011). Full text, State Employment Law Library ¶37-21,150.01. Summaries, State Employment Law Library ¶37-2500.

Oregon
Minimum Wage

The minimum hourly wage rate in Oregon will increase to $8.80 per hour effective January 1, 2012. The minimum wage rate for 2011 is currently set at $8.50 per hour. Ballot Measure 25, enacted by Oregon voters in 2002, requires a minimum wage adjustment annually based on changes in inflation as measured by the Consumer Price Index (CPI). The Commissioner of the Bureau of Labor and Industries (BOLI) is directed to adjust the minimum wage for inflation every September, rounded to the nearest five cents. The 30-cent increase for 2012 mirrors a 3.77% increase in the Consumer Price Index since August 2010. Revised minimum wage posters reflecting the new rate are available from BOLI’s website  (http://www.oregon.gov/BOLI) (Source: Oregon Bureau of Labor and Industries Press Release, September 15, 2011). See Section 653.025. Full text, State Employment Law Library ¶38-41,005. Summaries, State Employment Law Library ¶38-1000.

Pennsylvania
Background Checks

The state has amended its Public School Code with respect to school employee background checks (Act 2011-24 (H. 1352), L. 2011, effective September 28, 2011). Full text, State Employment Law Library ¶39-23,600.21. Summaries, State Employment Law Library ¶39-9000.

South Carolina
Employment Verification, Immigration

A coalition of immigrants and groups, including the ACLU, has filed a federal lawsuit seeking to block South Carolina’s recently enacted immigration law. According to the group, the law, which is scheduled to go into effect January 1, 2012, will subject individuals to unlawful detention and violates the US Constitution.

Like Arizona’s controversial law, the South Carolina law requires law enforcement officers to check the immigration status of anyone they stop. The law also has implications for employers. It 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.

The ACLU contends that a recent decision by a federal judge in Alabama (see Alabama, Employment Verification, Immigration, above) allowing key provisions of that state’s immigration law to take effect has led to “devastating humanitarian and economic consequences throughout the state.” The group cautions that similar results will occur if the South Carolina law is allowed to stand. See Summaries, State Employment Law Library ¶42-9000 for a summary of the law.

South Dakota
Background Checks

Requirements relating to fees for criminal background checks of school employees have been changed (Ch. 87 (H. 1208), L. 2011). Full text, State Employment Law Library ¶43-23,600.01. Summaries, State Employment Law Library ¶43-9000.

Tennessee
Whistleblower Protection

The state has established a framework for the consideration of evidence offered during all stages of the proceedings in employment discrimination and retaliation discharge cases (Ch. 461 (H. 1641), L. 2011). Summaries, State Employment Law Library ¶44-3600.

Washington
Background Checks

The state has enacted a law delaying fingerprint-based background check requirements for certain long-term care workers (Ch. 31 (H. 1548), L. 2011). Full text, State Employment Law Library ¶50-23,600.15. Summaries, State Employment Law Library ¶49-9000.

Washington
Family, Medical and Parental Leaves

Seattle has enacted a paid sick leave ordinance. The law, which will take effect September 1, 2012, will require employers to offer their employees paid sick leave. The size of the business will determine the amount of sick leave (Council
Bill 117216). Summaries, State Employment Law Library ¶49-7000.

Washington
Minimum Wage

The minimum wage in Washington will increase by 37 cents from $8.67 per hour to $9.04 an hour effective January 1, 2012. Minors ages 14 and 15 may be paid 85 percent of the adult minimum wage, or $7.68 per hour in 2012. The state recalculates the wage each September as required by an initiative passed by voters in 1998. The initiative requires the state to adjust the minimum wage based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), which is a national consumer price index covering the cost of goods and services needed for day-to-day living. That index rose 4.258% during the 12 months ending August 31, 2011 (Source: Washington State Department of Labor and Industries News Release, September 30, 2011). See Sec. 49.46.020. Full text, State Employment Law Library ¶50-41,003. Summaries, State Employment Law Library ¶49-1000.

West Virginia
Wage Payment

Unused accumulated sick leave was not a vested, nonforfeitable fringe benefit under the West Virginia Wage Payment and Collection Act, ruled the West Virginia Supreme Court of Appeals, such that terminated jail employees were not entitled to have their sick leave paid out as wages (Wolfe v Adkins, September 29, 2011, Ketchum, M). In this instance, there were no representations, policies, memorandum, or other documents granting the jail employees pay for accumulated sick leave upon their termination from employment. Summaries, State Employment Law Library ¶50-1200.

Wyoming
Unemployment Insurance

For 2012, the taxable wage base in Wyoming will be $23,000. This is an increase of $700 from the taxable wage base amount of $22,300 for 2011. Summaries, State Employment Law Library ¶52-1700.