Wolters Kluwer Law & Business News Center



|[pic] |

|[pic] |

State Employment Law Library Update

July 2013

Alaska Violence in the Workplace

Governor Sean Parnell has signed “stand your ground” legislation into law. Chapter 51 (H. 24), L. 2013, clarifies that the right to use deadly force to protect family, person or property not only exists in homes and places of work, but also in any other place where the person has the right to be. With the governor’s signature, Alaska joins the majority of states in not requiring a duty to retreat (State of Alaska, Office of the Governor, Press Release, June 20, 2013). Summaries, State Employment Law Library ¶2-3300.

California Minimum Wage

The following jurisdictions have adjusted their living wage rates for 2013: Irvine; San Diego; San Jose (airport); Los Angeles (city and airport); Santa Barbara; Oakland/Port of Oakland; City of Ventura; and Ventura County. Summaries, State Employment Law Library ¶5-1000.

California Posters

The Spanish version of the Port of Oakland Living Wage Poster has been added. Summaries, State Employment Law Library ¶5-9900.

California Same-Sex Marriage

The United States Supreme Court has ruled that the proponents of California’s “Proposition 8,” which amended the state constitution to define marriage as a union between a man and a woman, lacked standing to appeal a federal district court’s ruling that the ballot initiative was unconstitutional. With the high court’s ruling and the dissolution on June 28, 2013, by the Ninth Circuit Court of Appeals of the stay of the order enjoining enforcement of Proposition 8, same-sex marriage is again legal in California (Hollingsworth v Perry, June 26, 2013, Roberts, J; California Office of the Governor Press Release, June 28, 2013). Summaries, State Employment Law Library ¶5-3100.

Connecticut Access to Personnel Files

Effective October 1, 2013, employers will be required to permit employees to inspect and, if requested, copy their personnel file not more than seven business days after receipt of a written request from an employee. Current law only specifies that inspection be allowed “within a reasonable time.”

Provision is also made for former employees to inspect and copy their personnel files, and there will be new requirements for employers to provide employees with copies of (1) documentation of disciplinary actions and (2) any documented notice of termination.

Additionally, employers must include in any documented disciplinary action, notice of termination or performance evaluation that the employee may submit a written statement of his or her position if the employee disagrees with any information in such documentation (P.A. 13-176 (S. 910), L. 2013). Full text, State Employment Law Library ¶7-23,700.02, ¶7-23,700.05, and ¶7-23,700.12. Summaries, State Employment Law Library ¶7-8500.

Connecticut Fair Employment Practices

Governor Dannel P. Malloy signed a Homeless Person’s Bill of Rights (P.A. 13-251 (S. 896), L. 2013) into law on July 11, 2013. The law, which will take effect October 1, 2013, is intended to guarantee that the rights, privacy and property of homeless persons are adequately safeguarded and protected under Connecticut law.

Among other things, the law provides that each homeless person in the state has the right to move freely in public spaces, including on public sidewalks, in public parks, on public transportation and in public buildings without harassment or intimidation from law enforcement officers in the same manner as other persons. Also, the law specifically provides that homeless persons will have the right to equal opportunities for employment. Summaries, State Employment Law Library ¶7-2500.

Delaware Fair Employment Practices

Delaware’s employment discrimination law has been amended to add gender identity as a protected class (Ch. 47 (S. 97), L. 2013). Full text, State Employment Law Library ¶8-20,025.10 and ¶8-20,025.11. Summaries, State Employment Law Library ¶8-2500.

Florida Background Checks

Chapter 2013-116 (H. 585), L. 2013, amends various provisions of criminal history screenings, including, but not limited to, checks of county and municipal employees, law enforcement officers and firefighters; sealing of criminal history records; and fingerprinting. Full text, State Employment Law Library ¶10-23,600.51—¶10-23,602.02. Summaries, State Employment Law Library ¶10-9000.

Florida Garnishment

Florida law regarding garnishment of earnings is amended to authorize an employee or agent of a business entity to answer a writ of garnishment on behalf of the entity (Ch. 233 (S. 592), L. 2013, effective July 1, 2013). Summaries, State Employment Law Library ¶10-5600.

Florida Health Insurance Benefit Coverage

The state has amended its statutes to replace “mental retardation” with “intellectual disability” throughout. This change impacts some of the state’s dependent health insurance coverage provisions, effective July 1, 2013 (Ch. 2013-162 (S. 142), L. 2013). Summaries, State Employment Law Library ¶10-4000.

Georgia COBRA Law

To prepare for the continued implementation of the Affordable Care Act, the state of Georgia has revised its conversion coverage laws to provide that upon the availability of guaranteed issue coverage under ACA beginning in 2014, insurers are no longer required to offer conversion coverage. In addition, insurers may in most cases cancel existing conversion coverage, provided 90 days’ notice of the cancellation is provided to policyholders and the insurance commissioner (H. 389, L. 2013). Summaries, State Employment Law Library ¶11-4200.

Hawaii Fair Employment Practices

The state’s fair employment practices law is amended to provide that, effective July 1, it is an unlawful discriminatory practice for an employer to discriminate against any individual employed as a domestic, in compensation or in terms, conditions, or privileges of employment because of the individual’s race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, or marital status (Act 248 (S. 535), L. 2013). Summaries, State Employment Law Library ¶12-2500.

Hawaii Meal and Rest Periods

New law is added regarding accommodation of nursing mothers in the workplace. This law requires employers to provide reasonable break times and a private location, other than a restroom, for an employee to express breast milk for the employee’s nursing child, for one year after the child’s birth. This law would not apply to any employer who has fewer than 20 employees if the employer can show that meeting these requirements would impose an undue hardship by causing the employer significant difficulty or expense in relation to the size, financial resources, nature, or structure of the employer's business. In addition, covered employers must post a notice in a conspicuous place accessible to employees and use other appropriate means to keep the employer's employees informed of the protections and obligations relating to breastfeeding accommodation in the workplace. Employers who violate the law are subject to a fine of $500 for each violation, and may also be liable for damages, including reasonable attorneys’ fees in a civil action (Act 249 (S. 532), L. 2013, effective July 1, 2013). Full Text, State Employment Law Library ¶12-44,210, ¶12-44,211, ¶12-44,212 and ¶12-44,213. Summaries, State Employment Law Library ¶12-1400.

Hawaii Minimum Wage

Hawaii’s wage and hour law is amended to limit the “employee” exemption for domestic work to only exempt such individuals when employed in or about the home of the employer (a) in domestic service on a casual basis or when (b) providing companionship services for the aged or infirm. In addition, an exemption is added for a person employed as a house parent in or about any home or shelter maintained for child welfare purposes by a charitable organization exempt from income tax under section 501 of the federal Internal Revenue Code. Also, new definitions are added for “casual basis” employment, “companionship services for the aged or infirm” and for “domestic service” (Act 248 (S. 535), L. 2013, effective July 1, 2013). Full Text, State Employment Law Library ¶12-41,001. Summaries, State Employment Law Library ¶12-1000.

Hawaii New Hire Reporting

Each employer in Hawaii must report to the state's child support enforcement agency within 20 days of hire, the name, address, social security number, and the date services for remuneration were first performed of each new hire along with the name, federal identification number and address of the employer. Each report must be made on a W-4 form or its equivalent, and may be transmitted by first class mail, magnetically or electronically. Reports submitted magnetically or electronically must be transmitted twice each month, not less than 12 days nor more than 16 days apart. “New hire” is defined to mean an employee who has not previously been employed by the employer or was previously employed by the employer but has been separated from the prior employment for at least 60 consecutive days (Act 69 (S. 888), L. 2013). Full Text, State Employment Law ¶12-47,017. Summaries, State Employment Law Library ¶12-1600.

Hawaii Wage Payment

Effective July 1, employers are prohibited from discriminating against domestic workers in compensation or other terms or conditions of employment (Act 248 (S. 535), L. 2013). Full Text, State Employment Law Library ¶12-46,062. Summaries, State Employment Law Library ¶12-1200.

Illinois Violence in the Workplace

The Firearm Concealed Carry Act (H. 183, L. 2013, enacted July 9, 2013) allows and regulates the carrying of concealed firearms in public places in Illinois. The Department of State Police will issue concealed carry licenses that will allow a licensee to carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person, and keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle.

The law provides that the owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign indicating that firearms are prohibited on the property, unless the property is a private residence.

These provisions notwithstanding, any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. Summaries, State Employment Law Library ¶14-3300.

Iowa Unemployment Insurance

Effective July 7, 2013, the maximum weekly benefit amounts are $408 for an individual with no dependents, $424 for an individual with one dependent, $439 for an individual with two dependents, $462 for an individual with three dependents, and $501 for an individual with four or more dependents. Summaries, State Employment Law Library ¶16-1700.

Kansas Unemployment Insurance

The maximum weekly benefit amount in Kansas effective July 1, 2013, is $469. The minimum weekly benefit amount is $117. Summaries, State Employment Law Library ¶17-1700.

Louisiana Equal Pay

Equal pay protections applicable to state employment are enacted effective August 1, 2013. This law applies to any department, office, division, agency, commission, board, committee or other organizational unit of the state.

The “Louisiana Equal Pay for Women Act” prohibits an employer from discriminating against an employee on the basis of sex by paying wages to an employee at a rate less than that paid within the same agency to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions including time worked in the position.

An employer would not be prohibited under the law from paying different wage rates to employees when such payment is made pursuant to any of the following: (1) a seniority system; (2) a merit system; (3) a system that measures earnings by quantity or quality of production; (4) a differential based on a bona fide factor other than sex, including but not limited to education, training, or experience, provided that both (a) the employer demonstrates that such factor is related to the job position in question and (b) no alternative employment practice would serve the same legitimate business purpose without producing such a differential (Act 374 (S. 153), L. 2013). Full Text, State Employment Law Library ¶19-42,006 through ¶19-42,014. Summaries, State Employment Law Library ¶19-2500.

Maryland Minimum Wage

Effective July 1, 2013, through June 30, 2014, the living wage rate for Montgomery County will be $13.95 per hour. Summaries, State Employment Law Library ¶21-1000.

Michigan Health Insurance Benefit Coverage

A federal district court in Michigan has granted a preliminary injunction against enforcement of Michigan Public Act 297, which prohibits public employers from providing medical and other fringe benefits to any person cohabitating with a public employee unless that person is legally married to the employee, or is a legal dependent, or eligible to inherit under the state’s intestacy law (Bassett v Snyder, June 28, 2013, Lawson, D).

The suit was filed by five same-sex couples who alleged that the law violated their rights under the Equal Protection and Due Process Clauses, claiming the law’s primary purpose was to prohibit public employers from furnishing benefits to the same-sex partners of their employees, and it therefore contained a discriminatory classification on the basis of sex and sexual orientation that was not rationally related to a legitimate state interest.

Finding that a preliminary injunction was warranted on the Equal Protection claim, the court pointed to the plaintiffs’ argument that although Public Act 297 does not mention same-sex unions or describe same-sex partner benefits by name, the intended purpose of the law is to discriminate against same-sex couples on the basis of their sexual orientation, without actually saying so.

The court found that the plaintiffs stated a plausible claim that the law violated the Equal Protection Clause when the rational basis for the benefits limitations was fairly analyzed, and they showed a likelihood of succeeding on that claim.

However, the court disagreed that the act impermissibly burdened the plaintiffs’ fundamental right to intimate association, and therefore violated their substantive due process rights, and it dismissed that claim. Summaries, State Employment Law Library ¶23-4000.

Missouri Background Checks

The state has amended its law relating to the Mental Health Employment Disqualification Registry (S. 229, L. 2013). Summaries, State Employment Law Library ¶26-9000.

Missouri Disability Law

The state has amended its law with respect to service animals (S. 33, L. 2013). Summaries, State Employment Law Library ¶26-2600.

New York Minimum Wage

Effective through June 30, 2014, the living wage for Rochester will be $11.30 per hour for covered employees who are offered health insurance benefits, and $12.62 per hour for covered employees who are not offered health insurance benefits. Summaries, State Employment Law Library ¶33-1000.

New York Paid Sick Leave

On June 26, 2013, the New York City Council, by a 47-to-4 vote, kicked to the curb Mayor Michael Bloomberg’s June 6 veto of a sick leave measure, the Earned Sick Time Act, that will require many employers within the municipality to provide paid time off to employees due to illness.

Under the new law (2013/046), employers with 20 or more employees will be required to provide five paid sick days per year, starting April 1, 2014. As of October 1, 2015, employers with at least 15 employees must provide sick days. Manufacturing industry employers are exempt from the paid leave requirement. All employers, however, are required under the new law to provide unpaid sick leave without threat of retaliation.

According to a June 26 committee report, the sick time measure will go into effect only if the economy stays the same or improves, according to a certain economic indicator that the City’s Independent Budget Office is charged with checking on December 16. If it is at the same level or better than it was in January 2012, the new law will go into effect. Full text, State Employment Law Library ¶33-23,000—¶33-23,000.14. Summaries, State Employment Law Library ¶33-7000.

Oregon Disability Law

The state has extensively revised its law relating to assistance animals (Ch. 530 (S. 610), L. 2013). Summaries, State Employment Law Library ¶38-2600.

Oregon Fair Employment Practices

The state has enacted a law extending employee protections to persons performing work for educational purposes; i.e., interns (Ch. 379 (H. 2669), L. 2013). Summaries, State Employment Law Library ¶38-2500.

Oregon Family Leave

The state has enacted a law allowing eligible employees to take family leave to deal with the death of a family member. The period of leave is limited to two weeks, and this leave must be counted toward the total period of authorized family leave (Ch. 384 (H. 2950), L. 2013). Full text, State Employment Law Library ¶38-22,450.03—¶38-22,450.13. Summaries, State Employment Law Library ¶38-7000.

Oregon Minimum Wage

The following jurisdictions have adjusted their living wage rates for 2013: Ashland and Corvallis. Summaries, State Employment Law Library ¶38-1000.

Oregon Social Media Privacy

As previously reported, 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. Full text, State Employment Law Library ¶38-22,200.01 and ¶38-22,200.02. Summaries, State Employment Law Library ¶38-2500.

Oregon Wage Payment

The method of payment of wages is amended, effective January 1, 2014, to provide that an employer must pay wages due by check upon the written or oral request of the employee. For direct deposit, an employer may pay wages by means of direct deposit into the employee’s account in a financial institution in Oregon. Wages may also be paid, if there is an employer and an employee agreement, through an automated teller machine card, payroll card or other means of electronic transfer if the employee may (a) make an initial withdrawal of the entire amount of net pay, without cost to the employee, or (b) choose to use another means of payment of wages that involves no cost to the employee (Ch. 380 (H. 2683), L. 2013). Full Text, State Employment Law Library ¶38-46,001. Summaries, State Employment Law Library ¶38-1200.

Also as of January 1, state officers and employees under the state payroll system must receive payment of net salary and wages through direct electronic deposit to a financial institution specified by the officer or employee. If the department determines that such method of payment is not practicable or efficient, payments may be made by (a) paper check; or (b) credit to a bank-issued payroll card if the employee consents to payment by a bank-issued payroll card that is made in accordance with federal regulation (12 C.F.R. 1005.5). State officers and employees may also request to receive payment by check, in accordance with the procedures adopted by rule by the department. The department may, where monthly payments are not required, issue payments less frequently than monthly (Ch. 369, H. 2207). Summaries, State Employment Law Library ¶38-1200.

For seasonal farm workers, whenever the employment terminates, all wages earned and unpaid become due and payable immediately. An exception is made, effective January 1, 2014, that such wages are due and payable by noon on the day after termination of the employment of the seasonal farmworker if: (1) the termination occurs at the end of the harvest season; (2) the employer is a farmworker camp operator; and (3) the farmworker is provided housing that complies with state law (Sections 658.705 to 658.850) at no cost to the worker from the termination of work until wages due are paid (Ch. 347 (S. 677), L. 2013). Full Text, State Employment Law Library ¶38-46,006. Summaries, State Employment Law Library ¶38-1200.

In addition, provisions relating to wage statements are amended, to require that such statements be provided to the employee at the time payment of wages, salary or commission is made. The statement may be attached to or be a part of the check, draft, voucher or other instrument by which payment is made, or may be delivered separately from the instrument. The statement is to be provided electronically at the time payment is made to all state officers and employees paid electronically under the state payroll system. State agencies shall provide access to electronic statements to employees who do not have regular access to computers in their workplace. If an officer or employee paid under the state payroll system wants to receive a paper statement of itemized payroll deductions, the officer or employee shall request paper in accordance with the procedures adopted by rule by the department (Ch. 369, H. 2207, operative January 1, 2014). Summaries, State Employment Law Library ¶38-1200.

Rhode Island Drug Testing

The state’s drug testing law is amended to expand the regulation of employer mandated drug testing to include the highway construction and repair industry (Ch. 145 (S. 843), L. 2013, enacted without governor’s signature, effective July 6, 2013). Full Text, State Employment Law Library ¶41-53,001. Summaries, State Employment Law Library ¶41-8600.

Texas Violence in the Workplace

The state has amended its Penal Code with respect to harassment and stalking (H. 1606, L. 2013, effective September 1, 2013). Summaries, State Employment Law Library ¶45-3300.

Texas Whistleblower Protection

Alleged violations of a university’s internal administrative policies were not violations of law as required by the Texas Whistleblower Act, nor were a university professor’s reports of them made to an appropriate law enforcement authority, ruled the Texas Supreme Court, finding the lower court lacked subject matter jurisdiction (University of Houston v Barth, June 14, 2013, per curiam). Accordingly, the university’s immunity was not waived under the Whistleblower Act, and the court reversed the lower court’s judgment and dismissed the suit against the university. Summaries, State Employment Law Library ¶45-3600.

Vermont Unemployment Insurance

Effective beginning July 7, 2013, to June 30, 2014, the maximum weekly benefit amount in Vermont is $425. Summaries, State Employment Law Library ¶47-1700.

Washington Family Leave

The State of Washington has enacted a law (Ch. 26 (H. 2044), L. 2013) delaying the implementation of the family leave insurance program until funding and payment of benefits are authorized in law. Family leave insurance benefits had been set to be payable beginning October 1, 2015. Summaries, State Employment Law Library ¶49-7000.

Wisconsin Minimum Wage

The living wage rate for Dane County for 2014 is $11.33 per hour. Summaries, State Employment Law Library ¶51-1000.

Wisconsin Posters

The 2014 Dane County Living Wage Poster has been added. Summaries, State Employment Law Library ¶51-9900.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download