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State Employment Law Library Update

June 2013

Arizona Agricultural Employment Relations

The Agricultural Employment Relations Board is terminated on July 1, 2021 and the Agricultural Employment Relations law, Title 23, Chapter 8, Article 5, is repealed as of January 1, 2022. These dates are extensions of the repeal dates originally set for July 1, 2013, and January 1, 2014, respectively (Ch. 196 (S. 1127), L. 2013, effective July 1, 2013). Full Text, State Employment Law Library ¶3-51,016.

Arizona Background Checks

The state has amended its background checks law with respect to fingerprinting (Ch. 174 (H. 2441), L. 2013). Full text, State Employment Law Library ¶3-23,601.03 and ¶3-23,601.04. Summaries, State Employment Law Library ¶3-9000.

Arizona Drug and Alcohol Testing

Taxi, livery and limousine companies in Arizona will be required to conduct pre-employment drug testing and annual random drug testing of all drivers under a new law. Arizona Governor Jan Brewer has signed into law SB 1087, which amends Sec. 41-2097 of the Arizona Rev. Statutes. Under SB 1087, all “for hire” private companies must self-regulate their drivers and maintain the drug testing results. Records of the drivers must be made available at all times for inspection by the Department of Weights and Measures as part of the state licensing process. The statute specifically states that it encompasses both employees and lessees of the company. According to Governor Brewer, the new law draws drug testing requirements for “for hire” transportation businesses in line with those already federally mandated for school bus, light rail and other mass transit operators (Ch. 194 (S. 1087), L. 2013, enacted May 7, 2013, and effective 90 days after adjournment of the Arizona 51st Legislature, First Regular Session). Full Text, State Employment Law Library ¶3-53,017. Summaries, State Employment Law Library ¶3-8600.

Arizona Overtime

Law relating to overtime compensation for certain law enforcement or probation officer activities is amended to include as a covered “person engaged in law enforcement activities” any law enforcement personnel responsible for directly assisting law enforcement officers in the performance of law enforcement activities (Ch. 200 (H. 2303), L. 2013, enacted May 8, 2013, and effective 90 days after adjournment of the Arizona 51st Legislature, First Regular Session). Full Text, State Employment Law Library ¶3-44,012. Summaries, State Employment Law Library ¶3-1100.

Colorado Family, Medical and Parental Leaves

The state has enacted a law expanding the group of family members for whom Colorado employees are entitled to take leave from work under the federal Family and Medical Leave Act (H. 1222, L. 2013). Full text, State Employment Law Library ¶6-22,575.01—¶6-22,575.05. Summaries, State Employment Law Library ¶6-7000.

Connecticut Health Insurance Benefit Coverage

The requirements relating to coverage for autism spectrum disorders have been changed with respect to whether diagnosis was made before or after the release of the fifth edition of the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders” (P.A. 13-84 (S. 1029), L. 2013). Summaries, State Employment Law Library ¶7-4000.

Connecticut Military Leave

Connecticut’s military leave law is amended effective October 1, 2013, to extend the employment protections currently afforded to employees who are U.S. armed forces reservists or National Guard members to members of the state armed forces who take time from their employment to perform ordered military duty.

Such employees are to be allowed a leave of absence, when ordered to perform military duty, including meetings or drills, during normal working hours. Such employees are not to be subjected to any loss or reduction of vacation or holiday privileges or be prejudiced with reference to promotion or continuance in office or employment, or to reappointment to office or reemployment because of such absence. Armed forces of the state means the organized militia, the National Guard, the naval militia and marine corps branch of the naval militia (Public Act 13-49 (S. 835), L. 2013). Full Text, State Employment Library ¶7-58,002. Summaries, State Employment Law Library ¶7-7200.

Also effective October 1, new law is enacted to restore benefits for military veterans previously denied federal benefits because of discharge or release from service based solely on sexual orientation pursuant to a federal policy prohibiting homosexuals from serving in the armed forces, which has since been repealed.

Under this law, if the federal government works to reinstate eligibility for benefits for such discharged veterans, the state will reinstate eligibility for any state benefits such veterans were or otherwise would have been denied due to such federal policy (Public Act 13-48 (S. 70), L. 2013). Full Text, State Employment Law Library ¶7-58,011. Summaries, State Employment Law Library ¶7-7200.

In addition, law pertaining to state employees is updated and clarified with respect to how military service is defined for state employee benefits.

Under current law, state employees who are reservists or National Guard members called to federal active-duty service in support of (1) Operation Enduring Freedom, (2) military action against Iraq, (3) Operation Noble Eagle (anti-terrorism actions within the U.S.), (4) federal or state action in support of Operation Liberty Shield or other anti-terrorism efforts in the U.S., and (5) Operation Jump Start (duty at the U.S. and Mexican border) receive up to 30 days' paid leave. After 30 days, they receive payment of the difference between the employee's state pay (including longevity) and his or her military pay. They are also entitled to other fringe benefits, including continued state health insurance coverage for the employee and any dependents for the duration of active-duty service, as long as the employee continues to make the same insurance payments required before activation.

The bill extends these benefits to state employees called to federal active-duty as reservists or National Guard members for “any military operation, war, or national emergency.” (Public Act 13-25 (H. 6348), L. 2013, effective October 1, 2013). Full Text, State Employment Law Library ¶7-58,005. Summaries, State Employment Law Library ¶7-7200.

Connecticut Minimum Wage

Connecticut Governor Dannel P. Malloy on June 6, 2013, signed legislation that increases the minimum wage in two stages over the next two years. Under the new law, it will increase from $8.25 to $8.70 on January 1, 2014, followed by a second increase on January 1, 2015 to $9.00.

Rates for employees who receive tips will also change. For persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities, such employees may receive, effective January 1, 2014, as part of the minimum fair wage, gratuities in an amount equal to thirty-four and six-tenths percent of the minimum fair wage per hour and, effective January 1, 2015, gratuities in an amount equal to thirty-six and eight-tenths percent of the minimum fair wage per hour. For bartenders who regularly receive gratuities, effective January 1, 2014, these employees may be paid as part of the minimum fair wage, gratuities in an amount equal to fifteen and six-tenths percent of the minimum fair wages per hour and, effective January 1, 2015, gratuities in an amount equal to eighteen and one-half percent of the minimum wage per hour (Public Act 13-117 (S. 387), L. 2013, effective July 1, 2013). Full Text, State Employment Law Library ¶7-41,001 and ¶7-41,004. Summaries, State Employment Law Library ¶7-1000.

In addition, the definition of “employee” is amended to exempt from coverage a member of the armed forces of the state performing military duty (Public Act 13-25 (H. 6348), L. 2013, effective October 1, 2013). Full Text, State Employment Law Library ¶7-41,001. Summaries, State Employment Law Library ¶7-1000.

Connecticut Wage Payment

Connecticut employers are prohibited from withholding an employee’s wages except where required under state or federal law; where written authorization is given by an employee on an approved form; where authorized by an employee for medical expenses; or where deductions are for contributions relating to automatic enrollment in a retirement plan. This law is amended effective October 1, 2013, to allow for withholdings when the employer is required under the law of another state to withhold income tax of employees (a) providing services for the employer in another state or (b) or residing in another state (Public Act 13-8 (S. 1032), L. 2013, enacted May 13, 2013). Full Text, State Employment Law Library ¶7-46,019. Summaries, State Employment Law Library ¶7-1200.

Florida Background Checks

The state has enacted a law relating to background screening for noninstructional contractors on school grounds. Effective July 1, 2013, the Department of Education will be required to create a uniform, statewide identification badge to be worn by such contractors signifying that they have met specified requirements (Ch. 2013-73 (H. 21), L. 2013). Full text, State Employment Law Library ¶10-23,600.02. Summaries, State Employment Law Library ¶10-9000.

Indiana Background Checks

The state has enacted a law requiring caregivers at certain child care providers to undergo national criminal history background checks (P.A. 287-2013 (H. 1494), L. 2013, effective July 1, 2013). Full text, State Employment Law Library ¶15-23,600.21 and ¶15-23,601.12.

Indiana Health Insurance Benefit Coverage

Effective July 1, 2013, a policy of accident and sickness insurance must provide coverage for an appropriate medical screening, test, or examination for a female insured who is at least 40 years of age and who has been determined to have high breast density (P.L. 126-2013 (S. 414), L. 2013). Summaries, State Employment Law Library ¶15-4000.

Louisiana Background Checks

The state’s criminal background checks law has been amended to authorize the Volunteer Louisiana Commission and the recipient of any AmeriCorps funds administered by the commission to obtain criminal history record and identification files for certain applicants (Act 4 (H. 184), L. 2013). Full text, State Employment Law Library ¶19-23,601.51.

Louisiana Fair Employment Practices

The state has enacted a law that makes it unlawful discrimination in employment to discharge, otherwise discipline, threaten to discharge, or threaten to discipline any veteran for taking time away from work to attend medical appointments necessary to meet the requirements to receive his or her veterans benefits (Act 165 (H. 583), L. 2013, effective August 1, 2013). Summaries, State Employment Law Library ¶19-2500.

Maine Unemployment Insurance

The maximum weekly benefit amount in Maine effective June 1, 2013, is $378. Summaries, State Employment Law Library ¶20-1700.

Maine Workers’ Compensation

The state has enacted provisions to clarify the agricultural exemption to its workers' comp law (Ch. 87 (H. 512), L. 2013). Summaries, State Employment Law Library ¶20-4300.

Maryland Background Checks

A new “ban the box” law, effective October 1, 2013, will remove the criminal history question from state employment applications and defer the background check to later in the hiring process. Exceptions are provided for public safety and correctional services positions, county sheriffs, and positions for which there is a statutory duty to conduct a criminal records check (Ch. 160 (S. 4), L. 2013). Full text, State Employment Law Library ¶21-23,603.01. Summaries, State Employment Law Library ¶21-9000.

Maryland COBRA Law

Effective January 1, 2014, Maryland will repeal a standalone provision giving group health insurers the option to provide for continuation coverage in the event of the death of the named insured. The provision apparently pre-dated enactment of Maryland’s mini-COBRA law, which includes the death of an eligible employee as a qualifying event (Ch. 106 (H. 360), L. 2013). Summaries, State Employment Law Library ¶21-4200.

Maryland Fair Employment Practices

The state has amended its law with respect to oral complaints of discrimination under the occupational safety and health act (Ch. 539 (H. 795), L. 2013, effective October 1, 2013). Full text, State Employment Law Library ¶21-20,850.01. Summaries, State Employment Law Library ¶21-2600.

Maryland Pregnancy Discrimination/Accommodations

Effective October 1, 2013, Maryland will have new statutory provisions addressing reasonable accommodations for pregnant employees (Ch. 547 (S. 784) and Ch. 548 (H. 804), L. 2013). Full text, State Employment Law Library ¶21-20,025.17. Summaries, State Employment Law Library ¶21-3000.

Maryland Social Media Privacy

The state has amended its social media privacy law to add enforcement provisions, effective July 1, 2013 (Ch. 224 (S. 305), L. 2013). Full text, State Employment Law Library ¶21-21,100.01. Summaries, State Employment Law Library ¶21-2500.

Maryland Wage Payment

Effective October 1, 2013, new law is enacted setting procedures for employees to seek a lien against employers for unpaid wages owed. This law requires employees to notify employers in writing in order to establish a lien for unpaid wages, other than commissions; sets deadlines; provides for enforcement; authorizes an employer to dispute a lien by filing a complaint in the circuit court; prohibits employers including in employment contracts provisions that would waive an employee’s rights regarding liens; authorizes the commissioner of labor to establish a lien on behalf of an employee; and requires the commissioner to establish rules (Ch. 541 (H. 1130) and by Ch. 540 (S. 758), Laws 2013). Full Text, State Employment Law Library ¶21-46,009b through ¶21-46,009k. Summaries, State Employment Law Library ¶21-1200.

Also effective October 1, 2013, employers are prohibited from requiring a “tipped employee” to pay or reimburse the employer, or to make any wage deductions from the employee’s wages, an amount equivalent to a customer’s charge for food or beverages if the customer leaves without paying the charge for the food or beverages. “Tipped employees” are defined as an employee who is engaged in an occupation for which he or she customarily and regularly receives more than $30 each month in tips or gratuities. Employers must keep posted in a conspicuous place where a tipped employee is employed a printed notice of the provisions of this law, in a form required by the labor commissioner (Ch. 499 (S. 553), L. 2013). Full Text, State Employment Law Library ¶21-46,009a. Summaries, State Employment Law Library ¶21-1200.

Minnesota Affirmative Action

The state has amended its law relating to state government contracts and bidders’ affirmative action plans for the employment of minority persons, women, and qualified persons with disabilities (Ch. 72 (S. 1307), L. 2013). Full text, State Employment Law Library ¶24-20,025.36; ¶24-20,025.37; and ¶24-20,130.06.

Minnesota Background Checks

Effective January 1, 2014, private employers will be required to wait until an applicant is contacted or interviewed to ask about the applicant’s criminal record/history.

The so-called “ban the box” bill will not allow employers to include on employment applications any question that asks job applicants to check a box about whether they have been convicted of a felony or gross misdemeanor crime (Ch. 61 (S. 523), L. 2013). Full text, State Employment Law Library ¶24-23,500.021; ¶24-23,500.06; ¶24-23,500.09; and ¶24-23,500.10. Summaries, State Employment Law Library ¶24-9000.

Minnesota Family, Medical and Parental Leaves

Effective August 1, 2013, the state will be more lenient in how employees use their personal sick leave benefits. Under current law, employees are limited to using their sick leave for themselves and their children. The new law will extend these benefits to adult children, spouses, siblings, parents, grandparents and stepparents (Ch. 87 (S. 840), L. 2013). Summaries, State Employment Law Library ¶24-7000.

Missouri Child Labor

New law is enacted to allow children under the age of 16 to do agriculture work on a farm owned and operated by a close relative (parent, sibling, grandparent, or sibling of a parent). A child under 16 may also, with the knowledge and consent of the parent, work on any family farm or family farm corporation. In March 2012, Governor Nixon expressed concerns about proposed rules from the U.S. Department of Labor that would have limited the ability of young people to work on family farms (S. 16, L. 2013, effective August 28, 2013). Full Text, State Employment Law Library ¶26-45,032. Summaries, State Employment Law Library ¶26-1500.

Nebraska Veterans’ Preference

Legislative Bill 224, Laws of 2013, enacted June 5, 2013, requires a preference for awarding state contracts to resident disabled veterans and certain businesses. Full text, State Employment Law Library ¶28-21,800.01.

Nevada Background Checks

The state has enacted a law relating to the dissemination of criminal history records by criminal justice agencies to court appointed special advocate programs in smaller counties (Ch. 227 (S. 141), L. 2013). Full text, State Employment Law Library ¶29-23,601.02.

Additionally, provisions governing criminal background checks of employees and applicants for employment with a department of juvenile justice services or an agency that provides child welfare services have been amended (A. 217, L. 2013). Full text, State Employment Law Library ¶29-23,601.01.

Nevada Concealed Carry

The state has revised the definition of “concealed firearm” to mean a loaded or unloaded handgun that is carried upon a person in such a manner as not to be discernible by ordinary observation. Prior law specifically included pistols, revolvers and other firearms within the definition (Ch. 255 (S. 76), L. 2013). Summaries, State Employment Law Library ¶29-3300.

Nevada Credit Information Checks

Nevada has enacted a law (Ch. 76 (S. 127), L. 2013) that will prohibit employers from conditioning the employment of an employee or prospective employee on his or her consumer credit report or other credit information. Exception is made for circumstances in which the information contained in the credit report is reasonably related to the position of employment. The law will take effect October 1, 2013. Substantially similar legislation (Ch. 548 (A. 181), L. 2013) was enacted on June 13, 2013, also effective October 1, 2013. Full text, State Employment Law Library ¶29-23,500.01—¶29-23,500.09. Summaries, State Employment Law Library ¶29-2500.

Nevada Fair Employment Practices

The state has repealed an obsolete provision which excludes from the definition of the term “unlawful employment practice” any action or measure taken by an employer or certain entities against a person who is a member of the Communist Party or any other organization required to register as a Communist organization pursuant to the Subversive Activities Control Act of 1950 (Ch. 275 (S. 506), L. 2013). Full text, State Employment Law Library ¶29-20,025.09.

Nevada Social Media Privacy

Nevada Governor Brian Sandoval signed into law on June 13, 2013, legislation prohibiting employers from conditioning employment on access to an employee’s personal social media account information. The law, which will take effect October 1, 2013, also prohibits retaliation by employers against employees and applicants who refuse to disclose the user name, password or other information that provides access to their personal social media accounts (Ch. 548 (A. 181), L. 2013).

Nevada Whistleblower Protection

The requirement that an employee notify his or her employer of his or her intention to file a complaint under the occupational safety and health law before filing the complaint has been removed (Ch. 13 (A. 12), L. 2013). Summaries, State Employment Law Library ¶29-3600.

New Jersey Health Insurance Benefit Coverage

Group insurers and HMOs will be required to provide coverage for expenses incurred for refills of prescription eye drops under specified conditions (Ch. 50 (A. 3080), L. 2012, enacted May 6, 2013, effective on the 90th day after enactment). Summaries, State Employment Law Library ¶31-4000.

New York Paid Sick Leave

On June 6, New York City Mayor Michael R. Bloomberg vetoed the Earned Sick Time Act, a paid sick leave bill passed by the New York City Council last month. The bill would have required many employers within the municipality to provide paid time off to employees due to illness beginning April 1, 2014. It is expected that the council will be able to override the mayor’s veto, however, allowing the ordinance to take effect.

New York Unemployment Insurance

Recently signed UI reform legislation includes a schedule of increases for the taxable wage base through 2026. Summaries, State Employment Law Library ¶33-1700.

North Carolina Background Checks

The state has clarified its law relating to preemployment inquiries and expunged criminal records (Session Law 2013-53 (S. 91), L. 2013, effective December 1, 2013). Full text, State Employment Law Library ¶34-23,601.03. Summaries, State Employment Law Library ¶34-9000.

Oklahoma Concealed Carry

The state has amended its law regulating the carrying of firearms with respect to carrying handguns into government meetings and onto school property, effective November 1, 2013 (H. 1622, L. 2013). Summaries, State Employment Law Library ¶37-3300.

Oklahoma Fair Employment Practices

The transfer of duties from the Human Rights Commission to the Attorney General’s Office of Civil Rights Enforcement (OCRE) is complete. Statutory references have been changed to reflect OCRE as the enforcing agency for the state’s employment discrimination laws (S. 396, L. 2013). Full text, State Employment Law Library ¶37-20,026.01; ¶37-20,027.10; ¶37-20,027.50; ¶37-20,029.01—¶37-20,029.025; ¶37-20,029.028—¶37-20,029.06; ¶37-20,029.07; ¶37-20,029.08; ¶37-20,030.04; ¶37-20,031.05; ¶37-20,031.06; ¶37-20,035.02—¶37-20,035.05; and ¶37-20,036.66. Summaries, State Employment Law Library ¶37-2500.

Oklahoma Posters

The English version of the state’s employment discrimination poster has been updated, and the Spanish version has been added. Summaries, State Employment Law Library ¶37-9900.

Oregon Social Media Privacy

Oregon has enacted a law that will prohibit employers from compelling employees and applicants for employment to provide access to personal social media accounts or to add an employer to their social media contact lists. The law also prohibits retaliation by an employer against an employee or applicant for refusal to provide access to accounts or to add the employer to contact lists. The law (Ch. 204 (H. 2654), L. 2013) will take effect January 1, 2014.

Oregon Violence in the Workplace

Effective January 1, 2014, every covered employer shall keep summaries of ORS 659A.270 to 659A.285 (relating to employment rights of victims of domestic violence, harassment, sexual assault or stalking) and summaries of all rules issued by the Commissioner of the Bureau of Labor and Industries (BOLI) for the enforcement of such law posted in a conspicuous and accessible place in or about the premises where the employees of the covered employer work. Employers may obtain the summaries from the BOLI website or upon request from the bureau. Also upon request, the bureau shall furnish the complete text of all rules issued pursuant to the law to any employer.

In addition, part-time and new employees will now be covered under the Oregon domestic violence victims’ law. Oregon law protects victims of domestic and sexual violence from discrimination in the workplace and gives them the right to take reasonable time off to get court or law enforcement protection or take other safety measures. However, the law previously did not apply to those who worked 25 or fewer hours a week or had not been employed at least 180 days prior to the leave sought. H. 2903 removes those restrictions (Ch. 321 (H. 2903), L. 2013). Summaries, State Employment Law Library ¶38-3300.

Puerto Rico Sexual Orientation Discrimination

Puerto Rico has approved a new law that adds protection against discrimination in employment based on sexual orientation or gender identity. Law Number 22-2013 (SB 238), which was introduced in 2009, got the final nod from Governor Alejandro Garcia Padilla on May 29.

The new law prohibits discrimination based on sexual orientation or gender identity in public or private employment. Based on the constitutional mandate to guarantee human dignity and equal protection of the laws, the law bars the use of a citizen’s sexual orientation or gender identity to refuse, restrict, limit, obstruct or curtail the law’s protection. Law Number 22-2013 also orders agencies, instrumentalities, departments, public corporations and municipalities, and the legislative branch to amend their human resource regulations to clearly state this public policy and to establish exceptions and fines.

South Carolina Health Insurance Benefit Coverage

The state has amended its law relating to closed panel health plans so as to remove the requirement that certain employers who offer only closed panel health plans to their employees also offer a point-of-service option and to increase the allowable differences between coinsurance percentages for in-network and out-of-network covered services and supplies under a point-of-service option (S. 530, L. 2013). Summaries, State Employment Law Library ¶42-4000.

Tennessee Military Leave

Effective July 1, 2013, members of reserve components, after haven taken the 20 working days of paid military leave, may use up to five days of sick leave in lieu of annual leave in order to not having to take leave without pay. Such leave applies to members of a reserve component of the U.S. Armed Forces, including members of the Tennessee army and air national guard (Ch. 432 (S. 667), L. 2013). Full Text, State Employment Law Library ¶44-58,010. Summaries, State Employment Law Library ¶44-7200.

Texas Concealed Carry

The state’s concealed carry law has been amended with respect to the intentional display of a handgun by a person licensed to carry, effective September 1, 2013 (S. 299, L. 2013). Summaries, State Employment Law Library ¶45-3300.

Texas Health Insurance Benefits Coverage

The state has amended its law with respect to who is an employee for large and small employers for health benefit plans, effective September 1, 2013 (S. 1332, L. 2013). Summaries, State Employment Law Library ¶45-4000.

Utah COBRA Law

As Utah prepares for the full implementation of the Affordable Care Act, it will, effective January 1, 2014, repeal both its conversion coverage law and the Utah NetCarePlans. Accordingly, also effective January 1, 2014, Utah has amended its mini-COBRA law to eliminate references to the conversion coverage law and the Utah NetCarePlans (Ch. 319 (H. 47), L. 2013). Summaries, State Employment Law Library ¶46-4200.

Vermont Equal Pay

Vermont’s equal pay law prohibits discrimination in the payment of wages based on sex for equal work but allows different wage rates where such wage differences are based on a seniority system, merit system, a system in which earnings are based on quantity or quality of production, or a factor other than sex.

Effective July 1, 2013, this law is amended to require employers asserting different wages to demonstrate that the factor does not perpetuate a sex-based differential in compensation, is job-related with respect to the position in question and is based on a legitimate business consideration. Equal pay will also be required in government contracts, requiring written certification of compliance with the state’s equal pay provisions.

In addition, current law prohibits an employer from requiring, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages. This provision is expanded to also provide that an employer would not be able to prohibit employees from inquiring about or discussing the wages of other employees. An employer could, however, prohibit a human resource manager from disclosing the wages of other employees, unless otherwise prohibited by law. Further, the employer is not required under the law to disclose the wages of an employee in response to an inquiry by another employee, unless such failure to do so would constitute unlawful employment discrimination.

State law prohibiting retaliation against employees would be expanded to also protect employees where discharge or discrimination occurs because an employer knows the employee is about to lodge a complaint, give testimony, or assist or participate in an investigation; the employee disclosed his or her wages, or inquired or discussed the wages of other employees; or is believed by the employer to have acted in such a manner (Act 31 (H. 99), L. 2013). Full Text, State Employment Law Library ¶47-42,001 and ¶47-42,005. Summaries, State Employment Law Library ¶47-2500.

Vermont Health Insurance Benefit Coverage

The state has amended its law relating to coverage for mammograms and colorectal cancer screenings (Act 25 (H. 136), L. 2013). Summaries, State Employment Law Library ¶47-4000.

Vermont Labor Relations

Labor relations provisions are amended with respect to the payment of agency fees and collective bargaining service fees by employees who exercise the right to not join the labor organization representing the employee’s certified unit, and to provide for arbitration to resolve disputes over fees. In addition, new law is added to provide for the employees of a bargaining unit to meet and discuss on an annual basis whether employees who have chosen not to join the employee organization will be allowed to vote on the ratification of any collective bargaining unit (Act 37 (S. 14), L. 2013). Full Text, State Employment Law Library ¶47-63,002, ¶47-63,003, ¶47-63,015 and ¶47-63,017a.

Vermont Maximum Hours

Under a new law effective January 1, 2014, employees will be able to request intermediate or long-term flexible work arrangements to change the number of days or hours worked or the time the employee arrives or leaves work, to allow the employee to work from home, or to allow job sharing. Employees could make such a request twice in a calendar year. An employer would be able to consider the impact on the business in accepting or denying the request and would be required to notify the employee of its decision, with such notice in writing if denied and the employee’s request was made in writing (Act 31 (H. 99), L. 2013). Full Text, State Employment Law Library ¶47-44,024. Summaries, State Employment Law Library ¶47-1300.

Vermont Meal and Rest Periods

Protections for nursing mothers in the workplace are expanded to provide that an employer may not retaliate or discriminate against an employee who exercises or attempts to exercise her rights under the law (Act 31 (H. 99), L. 2013, effective July 1, 2013). Full Text, State Employment Law Library ¶47-44,205. Summaries, State Employment Law Library ¶47-1400.

Vermont Minimum Wage

The state minimum wage law is amended to prohibit retaliation.

An employer may not discharge or retaliate against an employee because (1) the employee lodged a complaint of a violation of this subchapter; (2) the employee has cooperated with the Commissioner in an investigation of a violation of this subchapter; or (3) the employer believes that the employee may lodge a complaint or cooperate in an investigation of a violation of this subchapter. Any person aggrieved by a violation of this section may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief (Act 15 (H. 280), L. 2013, effective July 1, 2013). Full Text, State Employment Law Library ¶47-41,018. Summaries, State Employment Law Library ¶47-1000.

Vermont Voting Leave

Leave relating to town meetings is amended.

In Vermont, subject to the essential business operations of a business or government entity, an employee has the right to take an unpaid leave of absence from work in order to attend his or her annual town meeting, provided the employee gives the employer at least seven days’ notice prior to the meeting. This law is amended to provide general protections against discharge or retaliation (Act 31 (H. 99), L. 2013, effective July 1, 2013). Full Text, State Employment Law Library ¶47-60,003, ¶47-60,004 and ¶47-60,005. Summaries, State Employment Law Library ¶47-7300.

Vermont Wage Payment

The state’s wage payment law is amended to add define “wages” to mean all remuneration payable for services rendered by an employee, including salary, commissions and incentive pay.” In addition, the law is amended to clarify employers with “one or more” employees must pay wages on a weekly basis, except that employees may be paid biweekly or semimonthly after given written notice or on a date made pursuant to a collective bargaining agreement. The law is also amended regarding claims for unpaid wages, providing that employees or the Department of Labor file a complaint not later than two years from the date wages were due, and authorizing the Commissioner of Labor to collect, where the Commissioner finds the employer unlawfully withheld wages, an additional amount of up to twice the amount of unpaid wages, one half of which is to be given to the affected employee and the other half to be retained by the Commissioner to offset administrative and collection costs, and to provide for appeals as well as for confidentiality of information. In addition, employers who fail to pay required wages or benefits will be subject to civil penalties of not more than $5,000 (increased from not more than $500) (Act 15 (H. 280), L. 2013, effective July 1, 2013). Full Text, State Employment Law Library ¶47-46,001, ¶47-46,002, ¶47-46,003, ¶47-46,006, 47-46,007, 47-46,009 and 47-46,009a. Summaries, State Employment Law Library ¶47-1200.

Vermont Workers’ Compensation

Law prohibiting discrimination or retaliation against employees or job applicants because the employee or job applicant has asserted a claim for workers’ compensation benefits is amended, to provide that an employer may not discharge or discriminate against an employee from employment because the employee asserted or attempted to assert a claim for benefits. In addition, employees are protected from retaliation under the state’s Fair Employment Practices law (Act 31 (H. 99), L. 2013, effective July 1, 2013). Summaries, State Employment Law Library ¶47-4300.

Virginia Employee Privacy

With limited exceptions, effective July 1, 2013, an employer shall not be required to release, communicate or distribute to a third party any current or former employee’s personal identifying information, which is described as home telephone number, mobile telephone number, email address, shift times, or work schedule (Ch. 495 (H. 1931), L. 2012). Summaries, State Employment Law Library ¶48-2500.

Washington Child Labor

A new law is enacted relating to business licenses and the submission of new master applications by persons seeking work permits for the employment of minors. Effective July 28, a person seeking a work permit for the employment of minors is not required to complete an entirely new master application if there are no changes to any other information submitted on the most recent master application. The person need only complete the parts of a new master application that identify the employer seeking the minor work permit, including address and contact information, and that indicate the employer plans to employ one or more minors, the duties to be performed by minors, and the estimated number of hours to be worked by minors (Ch. 156 (S. 5056), L. 2013). Full Text, State Employment Law Library ¶50-45,025a. Summaries, State Employment Law Library ¶49-1500.

Washington Social Media Privacy

Governor Jay Inslee has signed into law Senate Bill 5211, which provides that an employer cannot require any employee or prospective employee to submit any password or other related account information in order to gain access to the individual's personal social networking website account or profile. The law will take effect July 28, 2013. Full text, State Employment Law Library ¶50-22,250.01 and ¶50-22,250.02. Summaries, State Employment Law Library ¶49-2500.

West Virginia Wage Payment

Law relating to the payment of final wages to discharged employees is amended to authorizing payment by mail if requested by the employee; to provide that employers pay an employee all wages he or she earned at the time of quitting if the employee gives written notice of his or her intention to quit at least one pay period before quitting; and to define “business day” as any day other than Saturday, Sunday, or any legal holiday (Ch. 113 (S. 355), L. 2013, effective July 12, 2013). Full Text, State Employment Law Library ¶51-46,004. Summaries, State Employment Law Library ¶50-1200.

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