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State Employment Law Library Update
October 2013
Arizona Employment Verification/Immigration
The Ninth Circuit on October 8, 2013, affirmed a federal district court’s grant of a preliminary injunction barring enforcement of a key provision of Arizona’s controversial immigration law — namely, Arizona Revised Statutes Sec. 13-2929, which criminalizes the harboring and transporting of unauthorized aliens within the state. The measure as written — specifically, the statutory language “in violation of a criminal offense” — was “unintelligible,” and thus unconstitutionally vague. Consequently, the provision was void under the federal Due Process Clause. Moreover, even if the court were to adopt the statutory interpretation encouraged by the state of Arizona, the legislation would nonetheless be preempted by federal immigration law, the Ninth Circuit panel held.
The appeals court, as an initial matter, concluded that the individual and organizational plaintiffs had standing to challenge the state’s immigration law. The individual plaintiff, an Arizona pastor whose congregation was comprised of 80 percent undocumented aliens, and who provided sanctuary in the church for such individuals, stood the risk of criminal prosecution under the statute. In addition, the organizational plaintiffs, including human rights organizations, labor unions, and local chambers of commerce, had demonstrated that their missions had been frustrated, and their resources diverted, as a result of the state law. Given the likelihood of success on the merits of their challenge, the lower court did not abuse its discretion by enjoining enforcement, the appellate panel concluded (Valle del Sol, Inc v Whiting, Case No. 12-17152). Summaries, State Employment Law Library ¶3-9000.
California Background Checks
The state has amended its background checks law with respect to contracted providers of specified paratransit agencies (Ch. 458 (A. 971), L. 2013). Full text, State Employment Law Library ¶5-23,604.01. Summaries, State Employment Law Library ¶5-9000.
Additionally, beginning July 1, 2014, California law will prohibit a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except as specified, until the agency has determined the applicant meets the minimum employment qualifications for the position (A. 218, L. 2013). Summaries, State Employment Law Library ¶5-9000.
As previously reported, the state’s Education Code has been amended with respect to certificated school employees, allegations of misconduct, and reports to the Commission on Teacher Credentialing (Ch. 232 (A. 449), L. 2013). Full text, State Employment Law Library ¶5-23,600.22. Summaries, State Employment Law Library ¶5-9000.
California Employment Verification/Immigration
The state’s Business and Professions Code has been amended to add a provision that prohibits an employer from being suspended or subject to revocation under Sec. 494.6 of such code for requiring a prospective or current employee to submit, within three days of the first day of work for pay, an I-9 Employment Eligibility Verification form (S. 666, L. 2013). Summaries, State Employment Law Library ¶5-9000.
California Fair Employment Practices
California has enacted a law relating to civil liability for emergency medical services.
California’s Health and Safety Code has been amended to prohibit an employer from adopting or enforcing a policy prohibiting an employee from voluntarily providing emergency medical services, including, but not limited to, cardiopulmonary resuscitation (CPR), in response to a medical emergency, except as specified. The law also provides that these provisions do not impose any express or implied duty on an employer to train its employees regarding emergency medical services or CPR.
Under the law, an employer may adopt and enforce a policy authorizing employees trained in emergency services to provide those services. However, in the event of an emergency, any available employee may voluntarily provide emergency medical services if a trained and authorized employee is not immediately available or is otherwise unable or unwilling to provide such services.
In addition, an employer may adopt and enforce a policy prohibiting an employee from performing emergency medical services, including, but not limited to, CPR, on a person who has expressed the desire to forgo resuscitation or other medical interventions through any legally recognized means (Ch. 591 (A. 633), L. 2013). Summaries, State Employment Law Library ¶5-2500.
California Farm Labor
A successor farm labor contractor may be liable for unpaid wages and penalties owed the employees of a predecessor farm labor contractor if the successor farm labor contractor meets one or more of the following criteria: (1) uses the same facilities or workforce to offer substantially the same services as the predecessor; (2) shares in the ownership, management, control of the workforce, or interrelations of the business operations with the predecessor; (3) employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the employees owed wages or penalties by the predecessor; (4) is an immediate family member of any owner, partner, officer, licensee or director of the predecessor or of any person who had a financial interest in the predecessor farm labor contractor (S. 168, L. 2013, effective January 1, 2014). Full text, State Employment Law Library ¶5-51,116a.
California Health Insurance Benefit Coverage
The state’s mandated coverage requirements for autism or pervasive developmental disorder, which were set to be repealed on January 1, 2015, have been extended until January 1, 2017 (S. 126, L. 2013).
Also, the Insurance Code has been amended to require that the coverage for the treatment of infertility be offered and, if purchased, provided without discrimination on the basis of age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation (Ch. 644 (A. 460), L. 2013).
Additionally, beginning January 1, 2015, the state will have in place new provisions relating to orally administered anticancer medications (A. 219, L. 2013).
Summaries, State Employment Law Library ¶5-4000.
California Meal and Rest Periods
Effective January 1, 2014, an employer shall not require an employee to work during a meal or rest or recover period that is mandated pursuant to an applicable statute, regulation, standards, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board or the Division of Occupational Safety and Health. Employers who violate the law will be required to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest or recovery period is not provided. “Recovery period” means a cool-down period afforded an employee to prevent heat illness.
This requirement does not apply to an employee who is exempt from meal or rest or recovery period requirements pursuant to other state laws, including, but not limited to, a statute or regulation, standard, or order of the Industrial Welfare Commission (S. 435, L. 2013). Full text, State Employment Law Library ¶5-44,234. Summaries, State Employment Law Library ¶5-1400.
California Minimum Wage
The California minimum wage will increase to $9.00 per hour, effective July 1, 2014, and to $10.00 per hour, effective January 1, 2016 (Ch. 351 (A. 10), L. 2013, enacted September 25, 2013). Full text, State Employment Law Library ¶5-41,026a. Summaries, State Employment Law Library ¶5-1000.
Effective January 1, 2014, the minimum wage for San Jose will increase to $10.15 per hour. Summaries, State Employment Law Library ¶5-1000.
California Overtime
The Domestic Worker Bill of Rights will take effect January 1, 2014. Under this law, a domestic employee who is a personal attendant shall not be required to work more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in one day and for all hours worked more than 45 hours in the workweek (Ch. 374 (A. 241), L. 2013).This law will be repealed on January 1, 2017, unless a later enacted statute, which is enacted prior to January 1, 2017, deletes or extends the repeal date. Full text, State Employment Law Library ¶5-44,099 through ¶5-44,103. Summaries, State Employment Law Library ¶5-1100.
California Wage Payment
Under the California Labor Law, it is a crime for an employer to fail to make agreed-upon payments to health and welfare funds, pension funds, or various benefit plans. Existing law provides that the crime be punished as a felony or a misdemeanor, as specified, if the amount unpaid exceeds $500, and as a misdemeanor, if the amount is less than $500. This law is amended effective January 1, 2014, to make it a crime for an employer to fail to remit withholdings from an employee’s wages that were made pursuant to state, local or federal law (S. 390, L. 2013). Full text, State Employment Law Library ¶5-46,048. Summaries, State Employment Law Library ¶5-1200.
California Whistleblower Protection
The state has enacted a law prohibiting an employer from retaliating or taking any adverse action against any employee or applicant for employment because the employee or applicant has engaged in protected conduct. The law expands the protected conduct to include a written or oral complaint by an employee that he or she is owed unpaid wages. The law subjects an employer to a civil penalty of up to $10,000 per violation of these provisions (S. 666, L. 2013). Summaries, State Employment Law Library ¶5-3600.
Colorado Minimum Wage
The Colorado Department of Labor and Employment—Labor Standards has scheduled a rulemaking hearing on November 1, 2013, at 2:00 p.m. on Division of Labor proposed rule Colorado Minimum Wage Order Number 30, to reflect the new state minimum wage pursuant to Article XVIII, Section 15, of the Colorado Constitution. The hearing will be held at 633 17th Street, Second Floor, Suite 200, Denver CO 80202. If approved, Colorado Minimum Wage Order Number 30 increases the state minimum wage from $7.78 per hour to $8.00 per hour on January 1, 2014. In addition, the state minimum wage for tipped employees would increase from $4.76 per hour to $4.98 per hour on January 1 (a tip credit of no more than $3.02 per hour may be used to offset the minimum wage). Comment deadline is November 5, 2013 (Source: Colorado Department of Regulatory Agencies (DORA) Regulatory Notice, Department of Labor and Employment—Labor Standards rulemaking hearing, September 29, 2013).
Connecticut Minority Business Enterprises
Eligibility of nonprofit corporations under the state’s minority business enterprise program shall be limited to predevelopment contracts awarded by the Commissioner of Housing (formerly, the Commissioner of Economic and Community Development) (P.A. 13-234 (H. 6705), L. 2013). Full text, State Employment Law Library ¶7-23,301.01.
Delaware Fair Employment Practices
The state has amended its employment discrimination law to make it an unlawful employment practice for an employer to discriminate in the hiring or discharging of an individual because of such individual's membership in a volunteer emergency responder organizer (Ch. 181 (H. 22), L. 2013). Full text, State Employment Law Library ¶8-20,025.12 and ¶8-20,025.20.
Delaware Unemployment Insurance
Beginning January 1, 2014, the taxable wage base will be $18,500, if the balance in the Unemployment Insurance Trust Fund is $125 million or less as of the preceding September 30; $16,500, if the balance in the Unemployment Insurance Trust Fund is greater than $125 million, but less than $175 million as of the preceding September 30; $14,500, if the balance in the Unemployment Insurance Trust Fund is at least $175 million, but no greater than $225 million as of the preceding September 30; $12,500, if the balance in the Unemployment Insurance Trust Fund is greater than $225 million, but less than $275 million as of the preceding September 30; or $10,500, if the balance in the Unemployment Insurance Trust Fund is $275 million or greater as of the preceding September 30.
The state’s UI law has also been amended with respect to the special assessment required from all contributing employers on taxable wages, and the waiting period for benefits. Summaries, State Employment Law Library ¶8-1700.
Louisiana Holidays
The state has enacted a law to clarify time off for elections.
In state government, no employee shall work on the following holidays: New Year's Day; Dr. Martin Luther King, Jr.’s Birthday, which shall be observed on the third Monday of January of each year or in conjunction with the day of the federal observance; Mardi Gras Day; Good Friday; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; Christmas Day; Inauguration Day once in every four years in the city of Baton Rouge; or “the first Tuesday after the first Monday in November in even-numbered years” (Act 220 (H. 628), L. 2013). Full text, State Employment Law Library ¶19-44,401. Summaries, State Employment Law Library ¶19-7400.
Louisiana Maximum Hours
The law relating to maximum on-duty time and off-duty time for contract carriers transporting railroad employees has been amended, including adding provisions for certain safety regulations, including driver qualifications, alcohol and controlled substance testing, vehicle inspections and recordkeeping requirements (Act 193 (H. 409), L. 2013). Full text, State Employment Law Library ¶19-44,053 through ¶19-44,056. Summaries, State Employment Law Library ¶19-1300.
Maryland Background Checks
The state has amended its background checks law with respect to student teachers (Ch. 417 (H. 1408), L. 2013). Full text, State Employment Law Library ¶21-23,600.15.
Maryland Emergency Services Leave
Maryland’s Labor and Employment Law provides that volunteer members of the Maryland Wing of the Civil Air Patrol may take no less than 15 days of unpaid leave per calendar year in order to respond to an emergency mission. The law also protects such volunteers from discrimination or discharge because of such membership.
This law has been amended to provide that whenever the Commissioner of Labor and Industry determines that a violation of the law has occurred, the commissioner is to either try to resolve the issue informally by mediation or ask the attorney general to bring an action on behalf of the employee or job applicant. The attorney general may bring an action in the county where the violation allegedly occurred for injunctive relief, damages or other relief (Ch. 224 (S. 305), L. 2013). Full text, State Employment Law Library ¶21-58,210. Summaries, State Employment Law Library ¶21-7200.
Maryland Employee Misclassification
Under the Workplace Fraud Act, employers are required to provide each individual classified as an independent contractor or exempt person with written notice of the classification of the individual at the time the person is hired. This Act has been amended to provide that if an employer fails to provide such notice, the commissioner may assess a civil penalty of not more than $50 for each day that the employer fails to provide notice.
The Act has also been amended to provide that the Commissioner of Labor and Industry is to prepare an annual report for the General Assembly, as well as the Secretary of Labor. This report is to include: (1) the number and nature of complaints received; (2) the number of investigations conducted; (3) the number of citations issued; (4) the number of informal resolutions of the citations; (5) the number of citations appealed to the office of administrative hearings and the outcomes of those hearings; (6) the number of requests for judicial review of final orders and whether the orders were affirmed or overturned; and (7) the number of civil penalties assessed, the total dollar amount of those penalties, and the total dollar amount collected (Ch. 224 (S. 305), L. 2013). Full text, State Employment Law Library ¶21-48,014 and ¶21-48,020.
Maryland Equal Pay
Maryland law prohibits discrimination in the payment of wages based on sex. This law has been amended to provide that whenever the Commissioner of Labor and Industry determines that a violation of the law has occurred, the commissioner is to either try to resolve the issue informally by mediation or ask the attorney general to bring an action on behalf of the employee or job applicant. The attorney general may bring an action in the county where the violation allegedly occurred for injunctive relief, damages or other relief (Ch. 224 (S. 305), L. 2013). Full text, State Employment Law Library ¶21-42,006a. Summaries, State Employment Law Library ¶21-2500.
Maryland Meal and Rest Periods
Maryland’s Labor and Employment law requires a day of rest (Sunday or the employee’s Sabbath) for employees in the retail industry, unless the employee is a managerial or professional employee or, outside Wicomico County, a part-time employee.
This day of rest provisions is amended to provide that whenever the Commissioner of Labor and Industry determines that a violation of the law has occurred, the commissioner is to either try and resolve the issue informally by mediation or ask the attorney general to bring an action on behalf of the employee or job applicant. The attorney general may bring an action in the county where the violation allegedly occurred for injunctive relief, damages or other relief (Ch. 224 (S. 305), L. 2013). Full text, State Employment Law Library ¶21-44,201. Summaries, State Employment Law Library ¶21-1400.
Maryland Minimum Wage
Maryland’s Living Wage Law currently requires the payment of the living wage of either $13.19 per hour or $9.91 per hour, effective September 27, 2013, depending upon the jurisdiction where the services are performed. Summaries, State Employment Law Library ¶21-1000.
Maryland Prevailing Wages
Maryland law providing for payment of prevailing wages on public contracts has been amended to apply the law to certain contracts entered into by the Washington Suburban Sanitary Commission. The law has also been amended to alter the definition of a public body to include the Commission (Ch. 630 (H. 650), L. 2013, effective October 1, 2013). Full text, State Employment Law Library ¶21-50,001 and ¶21-50,002.
Maryland Wage Payment Law
Wholesale sales representatives not covered under the state’s wage payment and collection law who are terminated must be paid all commissions due under a contract within 45 days after payment would have been due if the contract had not been terminated.
This law has been amended to provide that where a violation occurs by a principal (sales corporation, partnership, proprietorship or other business entity), the Commissioner of Labor and Industry is to either try to resolve the issue informally by mediation or ask the attorney general to bring an action on behalf of the employee or job applicant. The attorney general may bring an action in the county where the violation allegedly occurred for injunctive relief, damages or other relief (Ch. 224 (S. 305), L. 2013). Full text, State Employment Law Library ¶21-46,009ah. Summaries, State Employment Law Library ¶21-1200.
Maryland Whistleblower Protection
Under the Maryland Occupational Safety and Health Act, employers are prohibited from discharging or otherwise discriminating against an employee on the basis of information gained through the employee’s participation in group medical coverage. This does not prevent an employer from using medical information that is directly related to the employee’s fitness to perform the job properly; or that differs from medical information that the employee falsely provides in an application for employment. Employers are also prohibited from discharging or discriminating against employees who file a complaint, bring an action, give testimony or exercise a right, for the employee or another, under the Occupational Safety and Health Act.
An employee who believes his or her employer has discharged or otherwise discriminated against the employee in violation of the law may submit to the Commissioner of Labor and Industry a written complaint that alleges the discrimination and includes the employee’s signature. The Commissioner is to accept as timely an oral complaint made by an employee, provided the employee submits a signed, written complaint, within seven business days of the oral complaint (Ch. 538 (S. 757) and Ch. 539 (H. 795), L. 2013, effective October 1, 2013). Full text, State Employment Law Library ¶21-62,029. Summaries, State Employment Law Library ¶21-3600.
Massachusetts Background Checks
The state has amended its law relating to background checks for school employees and volunteers (Ch. 77 (S. 1839), L. 2013). Full text, State Employment Law Library ¶22-23,600.01. Summaries, State Employment Law Library ¶22-9000.
Montana Minimum Wage
The minimum wage in Montana will increase from $7.80 per hour to $7.90 per hour on January 1, 2014, according to the Montana Department of Labor and Industry. The increase in the minimum wage is based upon any increase in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items (CPI) from August of the preceding year to August of the year in which the calculation is made. This amount is to be rounded to the nearest five cents.
The current 2013 minimum wage rate is $7.80. Based on an increase in the CPI of 1.5% from August, 2012, to August, 2013, the calculation used for determining the minimum wage rate for 2014 is as follows: $7.80 x .015% = $.12, rounded to $0.10 (Source: Montana Department of Labor and Industry Press Release, October 1, 2013, ). Full text, State Employment Law Library ¶27-41,009. Summaries, State Employment Law Library ¶27-1000.
The current living wage rate for Missoula is $9.91 per hour with health benefits. Summaries, State Employment Law Library ¶27-1000.
Montana Posters
The Montana Department of Labor and Industry, Employment Relations Division, Labor Standards, has updated the Montana Minimum Wage Poster to reflect an increase to the state minimum wage to $7.90 per hour effective January 1, 2014. Employers are not required to post the state minimum wage poster. 2014 Minimum Wage Poster, . Summaries, State Employment Law Library ¶27-9900.
Montana Prevailing Wages
Effective October 1, 2013, changes made to the prevailing wage law include: (1) a reduction in the number of prevailing wage districts from 10 to five; (2) conduct survey for heavy and highway rates annually and apply the higher rates or federal Davis-Bacon Act rates; (3) the surveyed rate (standard prevailing wage rate, including fringe benefits) may be higher than the current collective bargaining agreement in that particular work area; (4) contracting agency is responsible to determine the classification of the project; (5) provide for the application of zone pay in Building Construction when applicable (when survey shows the majority of workers for a classification in a district receives zone pay when traveling) (Ch. 373 (H. 464), L. 2013, effective October 1, 2013). Full text, State Employment Law Library ¶27-50,002; ¶27-50,011; ¶27-50,013; ¶27-50,014; ¶27-50,018; and ¶27-50,019.
New Hampshire Military Leave
State employees called to full-time active duty as members of the National Guard or reserves are entitled to special leave with partial pay and continuation of health and dental insurance and retirement benefits. Such employees are to receive the difference between their regular compensation and their full-time military basic pay and allowances, if the full-time military basic pay and allowances total less than the regular state pay. This law has been amended to specifically exempt inactive duty for training and annual training from the pay and allowances provisions (Ch. 255 (H. 524), L. 2013). Full text, State Employment Library ¶30-58,024.
New Jersey Minimum Wage
New Jersey voters will be given the opportunity to decide if the state minimum wage should go up by $1 in the November 5, 2013, General Election. The ballot referendum (Public Question No. 2) asks voters to decide if the state constitution should be amended to set the minimum wage at $8.25 per hour. The amendment also requires annual increases based on any annual increases in the cost of living.
The state minimum wage is set at $7.25 per hour, the same as the federal rate, and was last increased (from $7.15 per hour) in 2010, when the federal minimum wage rate was raised.
Legislation that proposed to increase the state minimum wage to $8.50 per hour and base future increase on the CPI was vetoed by N.J. Governor Chris Christie in January (A. 2162).
New Jersey Paid Sick Leave
The Mayor of Jersey City has approved an ordinance that requires employers with 10 or more employees to provide up to 40 hours of paid sick time to compensated employees. Under City Ordinance 13.097, employees will accrue one hour of paid sick time for every 30 hours worked. The ordinance also provides for unpaid sick time to employees who are not entitled to paid sick time under its provisions. Summaries, State Employment Law Library ¶31-7000.
New York Wage Deductions
Wage deduction regulations have been adopted. The New York Department of Labor submitted Notice of Adoption rulemaking documents to the Department of State on September 24, 2013, for publication in the October 9, 2013, issue of the State Register and for inclusion in the New York Code of Rules and Regulations, as 12 NYCRR Part 195. The regulations took effect October 9, 2013, and expire on November 6, 2015. The regulations clarify authorized wage deductions for the benefit of employees, for recovery of overpayments due to clerical or mathematical errors, and for repayment of advances, and are related to amendments made by Chapter 451 (A. 10785), L. 2012, which amends Section 193 of the New York Labor Law. Full text, State Employment Law Library ¶33-46,501 through ¶33-46,513. Summaries, State Employment Law Library ¶33-1200.
North Carolina Health Insurance Benefit Coverage
The Small Employer Group Health Coverage Reform Act has been amended to mitigate the effects of the federal Affordable Care Act on North Carolina’s small businesses (Session Law 2013-357 (H. 649), L. 2013). Summaries, State Employment Law Library ¶34-4000.
North Carolina Holidays
The law specifying holidays for state employees has been amended to provide that the State Personnel Commission is not to provide for more than 12 paid holidays per year, with three paid holidays being given for Christmas (Session Law 2013-382 (H. 834), L. 2013). Full text, State Employment Law Library ¶34-44,402.
North Carolina Minimum Wage
A city or county may not require a private contractor to abide by any restriction that the city or county could not impose on all employers in the city or county, such as paying minimum wage or providing paid sick leave to its employees, as a condition of bidding on a contract (Session Law 413 (H. 74), L. 2013). Full text, State Employment Law Library ¶34-41,035 and ¶34-41,036. Summaries, State Employment Law Library ¶34-1000.
Ohio Minimum Wage
The minimum wage rate in Ohio will increase on January 1, 2014, to $7.95 per hour for non-tipped employees, and to $3.98 per hour for tipped employees, plus tips. The increased minimum wage will apply to employees of businesses with annual gross receipts of more than $292,000 per year.
The current 2013 Ohio minimum wage is $7.85 per hour for non-tipped employees and $3.93 for tipped employees, plus tips. The 2013 Ohio minimum wage applies to employees of businesses with annual gross receipts of more than $288,000 per year.
The Constitutional Amendment passed by Ohio voters in November 2006 states that Ohio’s minimum wage shall increase on January 1 of each year by the rate of inflation. The state minimum wage is tied to the Consumer Price Index (CPI) for urban wage earners and clerical workers for the 12-month period prior to September. This CPI index rose 1.5 percent over the 12-month period from September 1, 2012, to August 31, 2013. The Amendment also states that the wage rate for non-tipped employees shall be rounded to the nearest five cents.
For employees at smaller companies (with annual gross receipts of $288,000 or less per year in 2013, or $292,000 or less per year after January 1, 2014) and for 14- and 15-year-olds, the state minimum wage is $7.25 per hour. For these employees, the state wage is tied to the federal minimum wage of $7.25 per hour, which requires an act of Congress and the President’s signature to change (Source: Ohio Department of Commerce News Release, October 10, 2013, ). Full text, State Employment Law Library ¶36-41,001. Summaries, State Employment Law Library ¶36-1000.
Ohio Posters
The Ohio Department of Commerce, Division of Industrial Compliance, has updated the state minimum wage poster for calendar year 2014, to reflect an increase in the minimum wage to $7.95 per hour for non-tipped employees and $3.98 per hour for tipped employees, plus tips. Employers are required to post this poster in a conspicuous place. 2014 Minimum Wage Poster, . Summaries, State Employment Law Library ¶36-9900.
Oregon Drug and Alcohol Testing
Effective January 1, 2014, school transportation providers must either (1) have an in-house drug and alcohol testing program that meets federal requirements of 49 C.F.R. Part 382 or (2) be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the federal requirements. A “school transportation provider” means a school district or a school district contractor that uses school buses or school activity vehicles for: (a) the transportation of students or school personnel to or from school or school-related activities; or (b) public transportation purposes as provided in Section 332.427 (Ch. 163 (S. 193), L. 2013). Full text, State Employment Library ¶38-53,012 and ¶38-53,013. Summaries, State Employment Law Library ¶38-8600.
Oregon Minimum Wage
Oregon Labor and Industries Commissioner Brad Avakian announced on September 17 that the minimum wage in Oregon will increase to $9.10 an hour on January 1, 2014, providing a 15 cent per hour raise affecting 98,000 minimum wage workers in the state.
State law requires an adjustment be made to the minimum wage no later than September 30 each year based upon any increase in the U.S. City Average Consumer Price Index (“CPI”) for All Urban Consumers for All Items, from August of the preceding year to August of the year in which the calculation is made. The amount is required to be rounded to the nearest five cents.
Currently, the minimum wage in Oregon is $8.95. Based on an increase in the CPI of 1.52% from August 2012 to August 2013, the calculation used for determining the minimum wage rate for 2014 is: $8.95 X .0152 = $.1360, rounded to $.15. (Source: Oregon Bureau of Labor and Industries Press Release, September 17, 2103,;
Oregon 2014 Minimum Wage Determination, September 17, 2013, )
Full text, State Employment Law Library ¶38-41,005. Summaries, State Employment Law Library ¶38-1000.
Oregon Posters
The Bureau of Labor and Industries has updated minimum wage posters, in both English and in Spanish, for calendar year 2014, to reflect an increase in the minimum wage to $9.10 per hour effective January 1, 2014. Oregon employers are required to post minimum wage posters. The Oregon Bureau of Labor and Industries (BOLI) makes these posters available on its website, free of charge. (Source: Oregon Bureau of Labor and Industries, September 17, 2013, ). Summaries, State Employment Law Library ¶38-9900.
Oregon Prevailing Wages
Operative January 1, 2014, prevailing wage provisions under the state’s public contracting code apply to agreements under the terms of which a private entity constructs, reconstructs, renovates or paints an improvement on real property that the Oregon University System or an institution in the Oregon University System owns (Ch. 203 (H. 2646), L. 2013). Full text, State Employment Law Library ¶38-50,001.
Also operative January 1, 2014, debarment for violation of the law applies to limited liability companies as well as contractors, subcontractors, firms, corporations, partnerships, and associations in which the contractor or subcontractor has a financial interest (Ch. 239 (H. 2545), L. 2013). Full text, State Employment Law Library ¶38-50,018.
Tennessee Unemployment Insurance
Effective through December 31, 2013, Premium Rate Table 5 is in effect. Employer rates range from 0.15% to 2.6% for positive-balance employers, and from 5.0% to 10.0% for negative-balance employers. Summaries, State Employment Law Library ¶44-1700.
Tennessee Workers’ Compensation
The state has extensively revised its workers’ compensation law, effective July 1, 2014 (Ch. 289 (S. 200), L. 2013). Summaries, State Employment Law Library ¶44-4300.
Texas Health Insurance Benefit Coverage
The state has amended its law relating to health benefit plan coverage of autism spectrum disorder (S. 1484 and H. 3276, L. 2013). Summaries, State Employment Law Library ¶45-4000.
Washington Minimum Wage
Washington’s minimum wage will increase to $9.32 per hour on January 1, 2014, the Department of Labor and Industries announced on September 30. The Department calculates the state’s minimum wage each year as required by Initiative 688, approved by Washington voters in 1998. The 13-cent-per-hour increase, from $9.19 to $9.32 an hour, reflects a 1.455 percent increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI W) over the last 12 months ending August 31. The increase was announced earlier this month by the federal Bureau of Labor Statistics (BLS). The CPI-W measures average price changes for goods and services purchased by urban wage earners and clerical workers. The goods and services it monitors include basic living costs such as food, clothing, shelter, fuels and services such as doctor visits.
Washington’s minimum wage applies to workers in both agricultural and non-agricultural jobs, although 14 and 15-year-olds may be paid 85 percent of the adult minimum wage, or $7.92 per hour in 2014 (Source: Washington State Department of Labor and Industries, News Release, September 30, 2013, ). Full text, State Employment Law Library ¶50-41,003. Summaries, State Employment Law Library ¶49-1000.
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