State labor legislation enacted in 1984 Significant new labor standards legislation was enacted in a wide variety of subject areas including minimum , child labor, employee right to information on toxic substances, mandatory , and pay equity

RICHARD R. NELSON

As is often the case in even numbered years, when some workers from $3 .50 to $3 .90 per hour. New legislation do not meet in regular session and others meet increased minimum hourly rates to $3.25 in Georgia and in only special or abbreviated sessions, 1984 was not a heavy provided for three annual 10-cent increases in Maine, the year in terms of the number of new State labor .' Despite first increase to $3 .45 effective , 1985 . The $3.35 this smaller volume, legislation was enacted in a wide va- per hour Federal standard is now exceeded in , the riety of subject areas and included several significant new District of Columbia, Connecticut, and Maine, and 19 other laws.' Considerable interest was shown concerning the rights jurisdictions match or will soon match the Federal rate for of employees to receive information and on toxic some or all occupations . substances found in the workplace, on garnishment and In other actions, provided for assignment of for dependent support payments, on a phased elimination of its tip credit allowance, and in resident employee and contractor preference on public con- Illinois, the allowance declined to 40 percent of the mini- struction, and on pay equity for of comparable worth . mum wage. New exemptions for limited groups of em- Major laws were also enacted in the fields of child labor, ployees from minimum wage or requirements were mandatory retirement and age discrimination, enacted in Connecticut, Minnesota, and Wisconsin. protection, private agencies, and minimum wage. The labor departments in Arizona, , and Maine Minimum wage rates were increased in seven jurisdic- were given increased authority to collect unpaid wages on tions in 1984, with increases in Arkansas, Colorado, and behalf of employees, and the Commissioner of Labor in Illinois and for some workers in the District of Columbia Iowa is to investigate and prosecute complaints of retaliation resulting from automatic increases provided for by previous against employees who file complaints, assign claims, or enactments . Revised mandatory decrees in Puerto Rico raised bring other actions under the wage payment and collection minimum rates to varying levels for workers in several in- . The Kentucky wage payment law was amended to dustries, and a wage order revision in the District of Co- prohibit wage deductions for cash shortages, breakages, lumbia raised the minimum wage rate for private household customer credit defaults or bad checks, and fines, while courts in Alabama may now order restitution to victims in criminal cases by directing employer withholding of an ex- Richard R. Nelson is a standards adviser in the Division State State of offender's wages. Employment Standards Programs, Office of State Liaison and Legislative Analysis, Employment Standards Administration, U .S . Department of La- Again in 1984, as in the last several years, a large number bor. of bills were introduced to repeal or modify State prevailing

27 MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984 wage laws. Among the measures that failed to be adopted Compulsory retirement based solely on age was addressed was a bill in Idaho to exclude school construction from by legislation in a number of States. and New York coverage, which was vetoed by the Governor . Among those banned mandatory retirement on the basis of age in both laws enacted, Colorado defined the procedure for deter- the public and private sectors, and Georgia and North Car- mining the prevailing rate of wages and increased the dollar olina eliminated mandatory retirement under public em- contract threshold amount from $5,000 to $150,000, and ployees' retirement systems. Age discrimination in Oklahoma made several changes including establishment of employment for those 40 to 70 is now prohibited in Wyo- a $10,000 threshold amount for coverage and a 2-year de- ming, and the upper age limit on such protection was lifted barment for violations, provision for contractor submission in Massachusetts and Wisconsin . Other provisions appli- of certified , and for worker verification of cable to police and fire personnel only were enacted in records. Arizona voters approved a proposition forbidding Pennsylvania and Rhode Island . State agencies and political subdivisions from requiring that Employment discrimination in other forms was addressed wages paid to workers on public construction projects be at by legislation in 22 jurisdictions . Among the more signif- least as high as the prevailing wages in the area for similar icant laws were four that added new protections for workers. work. In Illinois, the State Supreme Court upheld the con- Delaware added discrimination on the basis of marital status stitutionality of that State's law, including its exclusive use to the list of unlawful employment practices in both the of rates paid on public construction projects in determining public and private sectors. Employment discrimination against prevailing rates. the handicapped was prohibited in Florida and Massachu- Laws pertaining to the use of wage garnishment or as- setts, as was such discrimination because of blindness in signment to require support of an employee's dependents South Dakota. Rights of pregnant employees was the subject were enacted in 15 States . Many of these laws set or revised of legislation in New York, South Carolina, and the Virgin limits on the amount of earnings subject to garnishment or Islands. The Mississippi , in a new law, expressed assignment. Protection from discharge because of such an its intent that State employees not be discriminated against action was included in the Alabama, Colorado, Florida, on the basis of race, color, religion, sex, national origin, Illinois, and Vermont measures . The Rhode Island law was age, or handicap. In California, employers of 25 persons amended to provide for reciprocity with States having sim- or more are to provide reasonable accommodation to those ilar laws, and wages of North Carolina State employees may workers enrolled in alcoholic rehabilitation programs, in- now be assigned to meet child support obligations without cluding time off for participation, if no undue hardships the normal restrictions on claims against the State. result. The concept of equal pay for jobs of comparable value In an area of increasing legislative concern which has in State government continued to be an area of controversy developed over the last few years, seven additional States and interest . In Iowa, a pay grade system for State em- enacted laws affording workers the right to be informed of ployees based on comparable worth was established, and and given training on toxic substances found in the work- funds were appropriated for adjustments and imple- place . Some of these laws extended the right to information mentation . In Minnesota, where the pay equity principle to the communities in which companies using toxic sub- was previously incorporated into the State pay system, a stances are located . Federal regulations on "Chemical Haz- new law requires every political subdivision to establish ard Communication" were published November 25, 1983 . equitable compensation relationships among its employees These regulations, which are referenced in the new Dela- by August 1, 1987. Legislatures in nine other States com- ware and Iowa laws, cover chemical manufacturers and missioned studies of pay equity in the public service, with importers and raise the issue of possible Federal preemption . most requiring reports on recommendations and legislative Other worker safety measures included a comprehensive proposals . new Occupational Safety and Health Act in New Jersey Child labor law revisions were enacted in 10 States. Among applicable to public employees, a law in Maryland author- the more significant measures were a law in Kentucky, izing the Commissioner of Labor and Industry to bring suit where changes included elimination of employment certif- to enforce payment of overdue civil penalties imposed by icate requirements for minors under age 18, a law in Penn- the State Occupational Safety and Health Administration, sylvania permitting the use of transferable work permits by and an amendment to the Oklahoma Occupational Safety minors age 16 and older, and a New York law making and Health law limiting its coverage to public sector em- employers who violate the child labor law subject to a civil ployment . Several other jurisdictions enacted laws regulat- penalty in addition to any other penalties imposed. Other ing various aspects of mine and elevator safety . laws extended permissible nightwork hours for certain mi- Four additional States (Illinois, Kentucky, Nebraska, and nors in Connecticut and New Jersey and revised restrictions ) enacted legislation to implement participation un- on sales of alcoholic beverages by minors in Ohio and South der the Federal Training Partnership Act, which became Carolina. Iowa enacted a law regulating the employment of effective on October 1, 1983 . Several States enacted similar children under age 16 as models . laws in 1983 . Also, continuing a recent trend, Florida and

28 Tennessee passed legislation to provide employment op- Four States (California, Kansas, New York, and Rhode portunities for persons in economically depressed areas, Island) enacted "whistleblower" laws protecting employees designated as enterprise zones, within which financial in- from retaliation for reporting, to a public body, violations centives such as tax credits and loan guarantees will be used of law, or for participating in an investigation, hearing, or to attract new businesses and to encourage expansion of court action. existing ones. Many other developments took place in 1984, affecting Assistance to workers and communities facing mass lay- a wide range of labor standards subjects . Among these, the offs or plant closings remained an area of concern. Among Michigan Strikebreaker Law was held unconstitutional by actions taken, New Jersey and Pennsylvania initiated pro- a State circuit court because of preemption by the National grams to assist eligible employee groups to purchase plants Labor Relations Act; a comprehensive new private em- about to be closed or which have already closed and to ployment agency law was enacted in the District of Colum- operate them as employee-owned enterprises. Procedures bia, and a revised law adopted in Tennessee; Maine and were established in Massachusetts to aid failing businesses, Rhode Island prohibited employers from charging applicants and in case of failure, to assist displaced workers in finding a fee for filing employment applications ; and several revi- alternative employment or retraining opportunities . Mary- sions were made in the California garment industry law. land provided for at least 6 months advance notice to State Also, several laws were passed enacting, revising, or clar- employees adversely affected by the closing of a facility ifying provisions granting preference to State contractors or employing 50 workers or more. Wisconsin expanded ad- residents on public works projects, while, on the other hand, vance notice requirements to include affected employees, a Federal appeals court decision found the Illinois Preference their collective bargaining representatives, and the com- Act unconstitutional, and the Oklahoma resident bidder munity where the business is located. Related legislation in preference law was repealed . The Labor Department in Ken- California, Iowa, and Kentucky provides for continuation tucky was elevated to cabinet level status headed by a Sec- of various health care benefits at employee expense for those retary of Labor. who would otherwise be ineligible due to causes such as The following is a summary, by jurisdiction, of labor or reduction in working hours. legislation during 1984.

Alabama from the lesser of 50 percent of gross earn- School attendance. The compulsory school Wages. All court orders for child support ings or $100 a week to 50 percent of the attendance law was amended to except chil- shall include an order for continuing in- obligor's net disposable earnings, as fed- dren who have completed the tenth grade erally defined . come witholding by employers, with the (grade 8 in fiscal year 1984-85, grade 9 in withholding order to be served on the em- fiscal year 1985-86) rather than the pre- vious exception for ployer and to take effect if the child support Arizona completion of common is delinquent in an amount equal to I month's school courses, and to add an exception for payment . Employers may not discharge or Wages. Voters in the November election children suspended or expelled from school . refuse to hire a person because of an order approved a proposition, submitted by the Occupational safety and health . The re- to withhold earnings . legislature, forbidding State agencies and political subdivisions from requiring that quirement that employers protect employ- Courts may order restitution in criminal ees against work environment cases by wages paid to workers on public construc- hazards was employer withholding of em- amended to specify that a common ployee wages. The affected employee may tion projects be at least as high as the pre- industry condition or practice will not be considered not be discharged solely because of such vailing wages in the area for the same type a recognized hazard unless a standard or an order. of work . A similar bill passed both houses of the legislature but was vetoed . regulation concerning it has been adopted . Child labor. A joint resolution called for The State Department of Labor now has the creation of a Joint Interim Legislative the authority to obtain judgments and ex- Arkansas Children and Youth Study Committee to ecutions on behalf of those employees due Wages. As provided in a prior law, examine areas of law affecting children, in- unpaid wages established by the depart- the minimum wage rate was increased from cluding child labor laws, day care, abuse, ment's final determination . Also, the limit $2 .95 to $3.05 an hour effective safety, and health . for filing a wage claim January I , for unpaid wages 1984, with a further increase to was increased from $1,000 to $2,500, and $3 .15 Other laws. Resident contractors will scheduled for January l, 1985. be an employer failing to comply with a de- given preference in bidding on public works partmental or court order to pay back wages projects, and nonresident contractors who will now be liable for treble that amount California receive a preference from their State may plus interest rather than a penalty of 15 Wages. Effective January be awarded public contracts only on the 1, 1986, pri- percent of the amount of the unpaid wages same basis that their State awards contracts vate sector employers are to show total hours as was previously authorized . worked on individual itemized earnings to Alabama bidders under the same circum- Mandatory assignment of wages must be stances . statements of hourly employees, in addition ordered by the court when ordering child to other items previously required . Alaska support or spousal maintenance if the per- son required to make such payments was Hours. The provisions establishing max- Wages. The amount of wages exempt from at least 1 month in arrears for payment in imum daily and weekly hours of work for assignment for child support was changed the prior 12 months . female employees only were repealed . The

29 MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984 limitations had previously been invalidated who disclose the amount of their wages is cident involving fatalities or which results by the courts. also prohibited . in any serious injury or illness or a serious Among amendments to the Vehicle Code, Nonprofit corporations and other orga- exposure, unless the Division determines persons under the age of 21 may not be nizations specified by the Attorney General an investigation is unnecessary . Previ- employed or permitted to drive trucks or may receive conviction records relating to ously, only fatalities and injuries to five buses that are engaged in interstate com- drug crimes or crimes of violence, as well employees or more required an investiga- merce or are transporting hazardous sub- as for sex crimes as before, concerning per- tion . stances . Limitations on driving hours were sons who apply for employment or vol- Prior to bringing court action against an enacted, including a requirement that driv- unteer for positions involving supervisory employer who discharges or discriminates ers must have at least 8 consecutive hours or disciplinary power over minors. against an employee for exercising speci- off duty between shifts. fied rights relating to safety in employment, Labor relations . Under a new law appli- the Division of Labor Standards Enforce- Equal employment opportunity . If the Fair cable to the private sector, the prevailing ment must provide the parties 10 days to Employment and Housing Commission or party in a court action to compel arbitration reach a settlement. the State Personnel Board finds that a per- of disputes concerning a collective bar- The notice containing information re- son is guilty of unlawful discrimination gaining agreement or in an appeal of an garding safety rules and regulations and consisting of acts relating to certain sex arbitrator's decision may receive an award employee rights, prepared by the Division crimes, the Commission or Board shall pro- of attorney's fees, to be refunded if the of Occupational Safety and Health for post- vide, with the complainant's consent, a copy dispute is later found not arbitrable. ing by employers, must now state that em- of its decision and order to the local district For the purposes of collective bargain- ployees have the right to receive information attorney . ing, intermittent athletic inspectors em- under the Hazardous Substances Informa- Private employers of 25 employees or ployed by the State Athletic Commission tion and Training Act . more must now provide reasonable accom- were added to the list of those exempted modation to those workers enrolled in al- from the definition of State employee . Employment and training . Admini- coholic rehabilitation programs, including stration of the law was trans- time off for participation, if no undue hard- Garment industry . The law requiring gar- ferred from the Director of Industrial Re- ship results . ment industry contractors and manufactur- lations to the Chief of the Division of A resolution urged the State Departments ers to register with the California Apprenticeship Standards . Among other re- of , Rehabilitation and Employ- Commissioner of Labor was amended to sponsibilities, the chief is now to audit all ment Development to continue to support provide for among other things : the testing selection and disciplinary proceedings of Project Workability under which employ- of both new applicants for registration and, current or prospective apprentices . ment opportunities for handicapped stu- at the Commissioner's discretion, those in Sponsorship of apprenticeship programs dents were improved through interagency violation of wage payment, minimum wage, which was previously limited to joint em- agreements and innovative employment or other labor laws in the past year ; the ployer-employee committees was expanded training practices . posting of a $5,000 surety bond by those to include unilateral management, labor, or The law prohibiting employment dis- penalized under the law in the prior 3 years; individual employer committees . crimination was amended to specify that an and the prohibition against any person reg- The California Conservation Corps is to individual with a heart condition who ap- istered under the act and contracting with develop a nonresidential program of edu- plies for a firefighter position, admittance another registrant, from engaging in any cation and job training in cooperation with to a firefighter apprenticeship training pro- business or practice which causes or is likely private industry councils designated under gram, or an active position to cause a violation of the law . the Federal Job Training Partnership Act will be presumed unable to perform their for use in areas with high youth unem- duties without endangering his or her health Private employment agencies . The name ployment and high concentrations of mi- or safety as well as the safety of others . of the regulatory office nority youth . This presumption may be overcome by was changed from the Bureau of Employ- proving, by a preponderence of the evi- ment Agencies to the Bureau of Personnel Other laws. Employers are prohibited from dence, that the applicant would be able to Services . Agencies placing babysitters or adopting or enforcing any rule against or perform safely . domestics must interview such applicants retaliating against an employee for disclos- A joint resolution requests that the Pres- and attempt to verify their experience or ing information to a government or law en- ident, the Congress, the Department of Ed- training before referring them . forcement agency where the employee has ucation and Commerce, and the Employment counseling services must reasonable cause to believe that the infor- Commissioner of Rehabilitation Services now be licensed as employment agencies mation discloses a violation of State or Fed- define "entry level employment" as it per- and are subject to specified requirements eral law or regulation. tains to persons with disabilities seeking such as posting a $10,000 surety bond, and The requirement that notices, reports, assistance for education, rehabilitation, and entering into written contracts containing statements, or records required under the vocational training from State and Federal specific provisions, including the client's Labor Code be written in English was re- sources, and to issue regulations to ensure right to cancel the contract without penalty moved. Also, the State Labor Commis- the uniform application of this definition or obligation within 3 days . sioner is now to provide, in languages other throughout the country . The law providing for the licensing and than English, where necessary, written ma- regulation of nurses' registries was re- terials including explanations of services Worker privacy . Employers are prohib- pealed, and such registries will now be li- available, complaint forms, and form let- ited from requiring, as a condition of em- censed and regulated as employment offices . ters for use in processing wage claims . ployment, that any employee refrain from disclosing the amount of his or her wages Occupational safety and health . The Di- Colorado or sign a waiver of the right to disclose that vision of Occupational Safety and Health information . Retaliation against employees is now to investigate any employment ac- Wages. The minimum wage rate was in-

30 creased from $2.50 to $3 an hour effective markets until midnight on nights preceding dividual complainants as before, and wages July 1, 1984, as provided by a 1983 wage nonschool days. Minors may not be dis- due a separated employee may now be paid order revision . For unemancipated minors charged or dicriminated against for refusing by the next regular payday rather than at under age 18, the hourly rate was increased to work later than 10 p.m . the time of termination, as formerly re- to $2 .55 . quired . Among changes made in the prevailing Equal employment opportunity. The pro- wage law, the prevailing rate of wages was hibition in the Human Rights Act against Equal employment opportunity . The pro- defined as the single rate paid to a majority discrimination on the basis of religious creed hibition against discrimination in public and of workers in the locality or the weighted was defined to include all aspects of reli- private sector employment was amended to average rate if no single rate is or was paid gious observances and practice as well as add discrimination on the basis of marital to a majority of workers, rates are to be belief, unless an employer demonstrates in- status to the list of unlawful employment established through a survey conducted by ability to reasonably accommodate to an practices . the division of labor, and the dollar contract individual's religious observances and threshold amount was increased from $5,000 practices without undue hardship . Worker privacy . Public and private sector to $150,000 . In determining a contractor's good faith employees were given the right to review Creditors may now obtain court orders efforts to comply with their personnel files at least once per cal- for continuing garnishment of wages for requirements included in public works con- endar year after a written request to the debts. The same limitations on the amount tracts, factors considered will include the employer . Removal or correction of dis- subject to continuing garnishment apply, as contractor's employment and subcontract- puted information may be agreed to by the for other garnishment, and employers may ing policies and practices ; affirmative ad- employer and employee, and if agreement not discharge an employee because of such vertising, and training ; technical cannot be reached, the employee may place an action . assistance activities; and other activities as explanatory information in the file . prescribed by the Commission on Human Employment and training . A customized Rights . Occupational safety and health . A Haz- training program, providing short-duration ardous Chemical Information Act was skill training for specific jobs, was estab- Worker privacy . The labor commissioner adopted to ensure that employees be given lished for preemployment training of work- shall provide to the Connecticut Student information concerning the nature and sus- ers, training of newly hired workers, and Loan Foundation, on request, any available pected health hazards of toxic substances retraining of workers for new jobs when information relating to the current address to which they are exposed . Employers are they are unemployed because of plant clos- or place of employment of a person in de- to maintain and periodically update a list ings or displaced by technological changes . fault on a student loan . of toxic substances used in the workplace, to obtain safety data sheets for them, and Private employment agencies . The Connecticut re- provide employees with education and quirement that private employment agen- training programs . Provision was made for Wages. Firefighters employed by private cies identify themselves as such in notices exempting from most provisions those nonprofit corporations contracting with mu- or advertisements was enlarged to require manufacturing employers required to ad- nicipalities for firefighting services were also that the identification indicate whether here to the Hazard Communication Stan- exempted from the overtime provisions of or not there is a charge to the applicant for dard when it takes effect in November 1985, the minimum wage law . employment. and employees are protected from dis- The comptroller shall now upon written charge or other discipline for exercising rights request deduct from the salary or wages of Occupational safety and health . Elevators under the act . a State employee the designated amount of and escalators otherwise requiring annual money to be paid to a nonprofit organiza- inspection need now be inspected only ev- Employment and training . A new pro- tion pursuant to the terms of an applicable ery 2 years if subject to a full-maintenance gram of skill training and education was collective bargaining agreement . contract . Owners or their agents are now established and is to be administered by an The amount of disposable earnings sub- required to promptly report to the Depart- Economic Development Training Board and ject to garnishment for support payments is ment of Public Safety for possible inves- the Director of the Delaware Development now the greater of that which exceeds $100 tigation any accident or incident which results Office . per week rather than $70, as previously, or in personal injury, death, or constitutes a the amount exempt under Federal law, un- danger to life or property . Other laws. New applicants for loans less a lesser amount is deemed equitable by whose projects are approved for financing the court. Other laws . A State Supreme Court de- by the Delaware Economic Development cision held unconstitutional a State statute Authority shall agree to give a hiring pref- prohibiting employers from requiring em- erence to qualified State residents. Hours. The Commission on the Status of women is to collect materials ployees to work on their Sabbath on the on jobshar- basis that it violated the District of Columbia ing, including its implementation. These establishment of religion clause of the First Amendment of materials are to be sent to the labor and Wages. As the result of a 1983 wage or- the U.S . Constitution . The case was ap- education departments and the Bureau of der revision, the minimum wage rate for pealed to the U.S . Supreme Court and ar- Personnel and Labor Relations in the De- laundry, drycleaning, and shoe repair em- gued on November 6, 1984 . partment of Administrative Services for ployees rose from $3 to $3.70 an hour ef- distribution upon request to personnel di- Delaware fective , 1984. The minimum for rectors and bargaining unit representatives . learners with less than 60 days experience Wages. Among amendments to the wage- was set at $3 .50 an hour. Child labor. An exception to the 1Op. m. payment law, the Department of Labor may Another revised wage order increased the terminal hour for minors under age 18 will now take legal- action to collect for all un- minimum wage for private household now permit them to be employed in super- derpaid employees rather than just for in- workers from $3 .50 to $3 .90 an hour ef-

31 MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984 fective November 6, 1984 . A minimum of law was adopted to ensure that nonfarm be subject to a records check, through the $3.50 an hour was set for casual yard work- employees be given information concern- Georgia Crime Information Center, of all ers, companions for the aged or infirm, and ing the nature and health effects of toxic convictions and pending charges involving full-time babysitters, and $3 .35 for persons substances with which they work . The Sec- cruelty to a minor, contributing to the de- employed pursuant to the Federal Job retary of the Department of Labor and Em- linquency of a minor, controlled sub- Training Partnership Act and the D .C. Youth ployment Security is to establish and stances, or any sex crimes. Each facility's Employment Act of 1979. periodically revise a list of toxic substances licensing will be conditional upon a satis- with assistance from a Toxic Substances factory records check . Private employmentagencies . Anew em- Advisory Council . Employers are to obtain ployment agency regulatory law was en- material safety data sheets for toxic sub- Private emplovment agencies . The Em- acted replacing the existing law in its entirety . stances used in the workplace, and provide ployment Agency Advisory Council, The new law requires licensing of employ- education and training to employees on the scheduled to terminate on July 1, 1984. was ment agencies, counseling services, em- safe handling, emergency treatment . and extended to July 1, 1985 . ployer-paid personnel services, job listing hazards involved with toxic substances . sq/eri- and health . The De- firms, and all employees of such firms who Employees may refuse to work with sub- Occupational Labor was given specific au- interview, counsel, or advise jobseekers. stances for which information has not been partment of safety and operation Applicant-paid fee agencies and employ- provided and may not be discharged or oth- thority to regulate the similar equipment in a new ment counseling services must post a erwise disciplined for requesting informa- of elevators and providing for periodic inspection $100,000 surety bond if the average fee tion, taking part in any proceeding, or measure activities, civil pen- paid by jobseekers is $2,000 or more and exercising any right under the act . Provi- and other enforcement alties for violators, and the formation of an if they enter into contracts with 100 appli- sion was made for the release of trade secret advisory committee . cants or more, and a $50,000 bond if fees information in medical emergencies. average less than $2,000 or fewer than 100 A comprehensive Boiler and Pressure contracts are entered into . Separate require- Economic development . Revisions in the Vessel Safety Act was enacted replacing equipment, ments and prohibitions were established for enterprise zone law included the addition provisions that specified lawful each of the types of licensed services, in- of new or increased tax benefits for busi- and provided design and labeling require- cluding the requirement that agency and nesses hiring eligible new employees . ments . The new law creates a regulatory counseling service contracts with jobseek- board within the Department of Labor which Division of safety reg- ers contain a 3-day "cooling-off period" Employment and training . The provides for the formulation during which the contract may be canceled . of Labor, Employment, and Training is to ulations, requires periodic inspections, and train vocational counselors of the Depart- defines the duties and qualifications of the Employment and training . A First Source ment of Corrections in job counseling and chief inspector and deputies . Employment Agreement Act requires the is to designate one employee per employ- Mayor to compile and maintain a list of ment office to work with ex-inmate job Hawaii unemployed residents which will be used placement . Wages. Automatic assignment of future as the first source for filling entry-level jobs wages may be ordered by a court as part Georgia on projects that have contracts funded or of a child-support order. to take effect if otherwise administered by the District gov- Wages. The minimum wage rate was in- support payments become delinquent . ernment. Preference in interviewing is to creased from $1 .25 to $3.25 an hour effec- A new law authorized a study commis- be given to unemployed residents not col- tive July 1, 1984. sion to review the concept of comparable lecting insurance benefits . worth for all public employees in the State. Hours . By resolution, the legislature cre- The commission is to present its final re- Florida ated a Joint Part-Time State Employment port, including recommendations, if nec- Wages. The coverage exemption in the Study Committee to determine the best essary, for implementation, 20 days before equal pay law for employers who are sub- method of meeting the State's need for such the 1986 legislative session commences . ject to the Federal Fair Labor Standards Act employees and for providing them with eq- was expanded to similarly exempt a labor uitable retirement benefits in relation to those Hours. A new act establishes a permanent organization or member or an employee of of full-time employees . Findings and rec- voluntary jobsharing program in the De- an employer subject to the Federal law. ommendations, including legislative pro- partment of Education, replacing a pilot Court orders for the payment of alimony posals, arc to be submitted by December project begun in 1978. or child support will now also contain in- 1, 1985. A pilot project in the public library sys- come deduction orders to take effect if pay- tem to test the feasibility of jobsharing, be- ments become past due. The maximum part Equal emplovment opportunity . Manda- gan in 1982 and scheduled to end in 1984, of aggregate disposable earnings subject to tory retirement under the State employee's was extended for 2 years and expanded to such a deduction is 65 percent in any work- retirement system was abolished, except for include library assistants and technicians . week, and employers may not discharge or specified public safety employment. opportunity . Man- otherwise discipline an employee for whom Equal employment Worker privacy . A resolution was adopted basis of age was an income deduction order is served . datory retirement on the calling for the creation of a Senate Study banned in both the public and private sec- Equal emplovment opportunity . The laws Committee on Polygraph Operations, to tor . prohibiting discrimination in State . county, identify problems involving employer use A resolution encouraged employers to or municipal employment, were amended of polygraph tests, and to recommend so- develop policies for the hiring, retention, to specifically bar employment discrimi- lutions . and promotion of older workers. nation based on handicap. Directors and employees of any State li- censed day-care center, group day-care Labor relations . Police officer bargaining Occupational safety and health . A new home, or child-caring institution will now units are now covered by contract impasse

32 procedures previously established for fire- application, entitled to reemployment in the cording of nonemployment activities of em- fighters only. In addition, the arbitration position held at the time of the order they ployees . A separate law, enacted later in panel provided for by the act is no longer remain physically qualified and were re- the session, limited coverage to those em- required to choose the most reasonable final leased under honorable conditions . ployers with five employees or more ex- contract offer without modification, but is clusive of immediate family members . now only required to issue a final and bind- Illinois The De- ing decision . Occupational safety and health . Wager. By prior law, the minimum wage partment of Public Health was directed to Employment and training . Under a new rate rose from $2 .65 to $3 an hour on Oc- compile a registry on hazardous substances Statewide Transition to Work System Act, tober 1, 1984, with a further increase to and their potential health effects including existing program models and re- $3 .35 scheduled for July 1, 1985 . The rate information on occupational diseases, haz- source centers will now be unified into one for minors under age 18 increased to $2.55 ardous substances incidents, and profiles of statewide transition center system, within on October 1, 1984 and will rise to $2.85 companies generating, using, disposing of, the Department of Labor and Industrial Re- on July 1, 1985. The tip credit allowance or transporting hazardous substances. lations, designed to assist high school stu- declined to 40 percent of the minimum wage, The State Coal Mining Law was amended dents in securing and retaining meaningful and employees of restaurants and motion to now require the State Mine Inspector to employment, by providing such services as picture theaters will now be entitled to over- advise a representative of the miners of any counseling, career information, career ex- time pay after 40 hours rather than 43 . inspection, with the representative being ploration activities, work experience, and The State Supreme Court upheld the con- entitled to accompany the inspector during employment assistance . stitutionality of the prevailing wage law the inspection without loss of pay . The in- The Department of Labor and Industrial which requires the exclusive use of public spector is also required to hold a post-in- Relations was authorized to make agree- works wages as a basis for determining pre- spection conference with the employer and ments or contracts, subject to the Gover- vailing rates in a locality . The unsuccessful miners' representative to discuss the find- nor's approval, with various persons and challenge contended, among other things, ings and recommendations and to post these governmental entities within and outside of that the exclusion of wages paid on private results in a conspicuous place. the State to share occupational and edu- construction projects from calculation of the Employment and training . A Job Train- cational information used for career choice prevailing wage rate violates the due pro- was passed and job-search purposes . cess and equal protection clauses of the State ing Coordinating Council Act and Federal constitutions . to implement the Federal Job Training Part- Other laws . The amount of contractor's An amendment to the prevailing wage nership Act . A job training coordinating payment and performance bonds required law authorizes the Department of Labor, council was created to promote integration was increased from 50 to 100 percent of represented by the Attorney General, to sue of employment and training programs at the the contract price for public works, roads, to stop the awarding of any public works State level, to further cooperation between buildings, or other site improvements . contract or the continuation of work under government and the private sector, and to As a result of the Attorney's General re- any such contract when the prevailing wage provide program oversight . fusal, because of a constitutionality ques- . prerequisites have not been met Other laws. A Federal Appeals court de- tion, to enforce a 1983 law requiring all child support, In ordering the payment of cision found unconstitutional the Illinois law contractors performing construction for the issue separate order the courts will now a requiring employment preference for State Federal government to obtain a State li- effect for the withholding of wages to take residents on public works projects, in that cense, the legislature requested the Attor- become delinquent. if the support payments it violated both the commerce clause and ney General and the Contractors License Employers may not discharge, discipline, the privileges and immunities clause of the Board to explore the possibility of seeking penalize employee whose or otherwise an U.S . Constitution . a declaratory judgment in Federal court on wages are ordered withheld . the issue. Equal employment opportunity . The pro- Indiana hibition against employment discrimination Wages. The labor commissioner may now Idaho because of religion was amended to spe- refer civil actions for employee wage claims Wages . A bill which would have ex- cifically include all aspects of religious ob- to the attorney general, and the attorney cluded school construction from coverage servance and practice, unless an employer general or a designee, which can be any of the prevailing wage law passed the leg- demonstrates that the employee's or pro- attorney admitted to the practice of law in islature but was vetoed by the Governor . spective employee's religious observance the State, may now sue for the recovery of This was the fourth consecutive year the or practice cannot be reasonably accom- wages plus liquidated damages, court costs, Governor has vetoed legislation to repeal modated without undue hardship on the em- and attorney fees . Previously, the labor all or part of the prevailing wage law . ployer's business . commissioner referred all such civil and criminal cases to the State's prosecuting Equal employment opportunity . A reso- Worker privacy . A new law gives public attorneys for litigation. lution directs the Legislative Council to ap- and private sector employees or their rep- point a committee to study Hispanic affairs resentatives the right to review and receive Worker privacy . The law governing State issues in such areas as education, employ- copies of their personnel records, to request employees furnishing of information con- ment, and cultural opportunities . Findings, the correction or removal of disputed in- cerning violations of law or regulations was recommendations, and possible legislation formation contained in them, and to submit amended to provide for criminal penalties are to be submitted to the next legislature . a written statement if agreement on correc- and administrative disciplinary proceedings tion or removal is not reached . Other pro- for disclosure of or failure to protect in- Other laws. Members of the National visions include protection of employee formation defined as confidential . Guard who are ordered to duty by the Gov- disciplinary records from release to third emor for periods of up to I year, are, upon parties, and restriction on employers' re- Employment and training . The Depart-

33 MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984 ment of Commerce is to establish a basic Occupational safety and health . A Haz- changes in the private employment agency industry retraining program to provide in- ardous Chemicals Risk Right to Know Act law, temporary help services and employer dustries with assistance in the retraining and was enacted, under which the Federal Oc- paid fee agencies were specifically ex- upgrading of employee's skills required to cupational Safety and Health regulations of empted from coverage, and the Secretary support new capital investment . A similar 1983 were adopted as the basis for regu- of Human Resources was authorized to adopt program for potential employees of new or lation, but with a provision that additional rules and regulations . expanding industries had been authorized requirements may be added by regulation. by a 1981 law. The law, administered by the Bureau of Other laws. may not prohibit Labor, requires employers to inform em- State employees in the classified service ployees of hazardous chemicals in the from discussing their agencies' operations Iowa workplace and their proper handling, and with members of the legislature or reporting any violation of State or Federal law or Wages. Complaints of retaliation against to provide special training . Retaliation against employees for filing a complaint or regulation. Disciplinary action against an employees for filing a complaint, assigning employer is pro- employee for such actions is prohibited ex- a claim, or bringing an action under the bringing action against an of the cept for instances involving release of false wage payment and collection law are to be hibited, and a public right to know presence of hazardous chemicals was es- information, information exempt from dis- investigated by the labor commissioner and closure under the open records act, or con- violations prosecuted in the district court tablished along with an employer require- of fidential information under any other which may order appropriate relief, includ- ment to notify the local fire department employed in ag- provision of law . ing reinstatement and backpay . those materials . Persons Courts may order an assignment of wages ricultural activities are not covered by the law, except for the section prohibiting re- in cases of delinquent court-ordered support Kentucky payments . The maximum annual amount of taliation against employees . was changed Wages . The wage-payment law was wages that may be garnished Other laws. Resident bidders on State or from $250 for each judgment creditor, to a amended to prohibit wage deductions for local public works projects will now be en- cash shortages where more than one person sliding scale based upon earnings . titled to a preference over out-of-State or A pay grade system based on comparable has access to the money, for breakages, foreign bidders, equal to the resident pref- customer credit defaults or bad checks, and worth was established for State employees, erence given to such bidders by their own and funds appropriated for salary adjust- fines. An employer violating this amend- State or country . ment will be required to repay withheld ments and implementation . Adjustments are Employees on temporary layoff or ap- to be completed by June 30, 1987 . amounts plus interest at 10 percent a year. proved voluntary leave from employers who An administrative order for the with- Child labor. The child labor law will not provide health care benefit plans may vol- holding of up to 50 percent of an employ- untarily continue coverage at their own ex- prohibit children under age 16 from work- ee's disposable earnings for payment of pense for up to 6 months . Employers must ing as models, with written parental per- delinquent child support may be issued by notify employees of this right and of any mission, with or without compensation the Secretary, Cabinet for Human Re- or substantial modification of outside of school hours for up to 3 hours a termination sources . day and 12 hours a month between 7 a.m. coverage . This new law also spells out spe- and 10 p.m . cific circumstances under which the em- Child labor. Among amendments to the ployer remains liable for benefits . child labor law, employment certificate re- Agriculture . Farm labor contractors en- quirements for minors under age 18 were gaged in such activities as removing corn eliminated. Age certificates issued by boards tassels or hand pollinating plants, must file Kansas of education were authorized for these mi- at least a $20,000 bond with the labor com- Wages. An Order directed the nors and employers must obtain proof from missioner securing the payment of all wages Secretary of Human Resources to provide employees indicating that they are at least due the contractor's employees . If the bond the Governor with information as to the age 18 . New exemptions from coverage were is not filed as required or the contractor fails ability of the State to devise appropriate enacted for minors employed as actors or to pay all wages due, the person engaged means and methodologies to determine the performers and for those employed by their in the production of seed or feed grains will wages required to be paid on public works own parents in occupations other than man- be liable for wages not paid by the farm projects by the prevailing wage law, in- ufacturing, mining, or those found by the labor contractor . cluding costs, specific methodology, and Commissioner of Labor to be particularly viable alternative methods . hazardous . Equal employment opportunity . The General Assembly is now prohibited from Industrial homework . By resolution, the School attendance. An unmarried minor, passing any bill that uses gender as the basis President, the Congress, and the U.S . Sec- aged 16 or 17 may now be excused from for differential treatment unless no reason- retary of Labor were urged to take action compulsory school attendance with paren- able alternatives exist. to rescind the orders and regulations pro- tal consent, after a consultation between Retirement plans and benefit systems are hibiting industrial homework . school officials, parent, and child. An At- no longer exempt from the prohibition against torney General opinion had previously stated sex discrimination under the Civil Rights Equal employment opportunity . The Sec- that married minors were not covered under Act. retary of Administration was directed by the law . Executive Order to evaluate the basis upon Private employment agencies. The surety which State employees are compensated and Occupational safety and health . Under- bond employment agencies must post was recommend ways to provide equal com- ground coal mines employing 2 to 25 em- increased from $2,000 to $20,000 and is pensation for positions of comparable worth. ployees must now employ at least one person now required only of those agencies to which who has completed 8 hours of first-aid job applicants pay at least part of the fee . Private employment agencies. Among training . The requirement that mines em-

34 ploying 25 workers or more hire certified formed by severely handicapped individu- Labor Relations Act was enacted granting emergency medical technicians was amended als in State operated and State supported collective bargaining rights to most em- to allow mines without such technicians 90 sheltered workshops . ployees of the Judicial Department. The days to employ them, and to operate during act, to be administered by the Maine Labor this period . Other laws. State agencies and political Relations Board, establishes permissible Other mine safety provisions stated that subdivisions which let public works con- subjects for bargaining, unfair labor prac- certified emergency medical technicians tracts may require that no less than 80 per- tices, and dispute resolution procedures . employed at coal mines are to receive 8 cent of those employed on the work be State Strikes are prohibited . hours of annual retraining during which time residents . Upon request, the Labor De- they are entitled to receive their regular partment is to assist in identifying crafts- Occupational safety and health . Among wages. Each mine operator is required to men, , and other workers necessary changes in the Chemical Substance Iden- provide lifeline cords in return airways des- for compliance . tification Law, the definitions of materials ignated as emergency escape routes . The law governing preference to resident which constitute health or physical hazards contractors in awarding contracts for public were expanded, employers and others must Employment and training . A Job Train- work, was amended to specify that where disclose trade-secret information on the ing Coordinating Council was created within competitive bidding is not required con- specific identity of hazardous chemicals to the Cabinet for Human Resources, and au- tracts must be awarded to resident contrac- health professionals when such information thorized to do everything necessary to com- tors, if they are available . If competitive is needed, and the law now provides for ply with the Federal Job Training Partnership bidding is required, Louisiana resident con- legislative review of standards and regu- Act . An employment and training council tractors will be awarded the contract if their lations adopted under the act. established to comply with the Federal bid is not more than 5 percent higher than comprehensive employment and training act the lowest nonresident bid . A prior provi- Other laws. Employers are now prohib- was eliminated . sion, granting resident contractors the same ited from charging a prospective employee A Bluegrass State Skills Corp. was cre- preference over contractors from other States, a fee for filing an application for employ- ated to provide State citizens with skills which provide their residents a percentage ment . training and education programs designed preference over Louisiana contractors, re- Under sunset legislation, the legislature to meet the need for qualified workers in mains in effect . must review the evaluations and analyses fields in which shortages exist . of the justification report for the Depart- ment of Labor's programs by June 30, 1988, Other laws. By Executive Order and stat- Maine and the Human Rights Commission, Labor ute, the Department of Labor was elevated Wages. The minimum wage rate was in- Relations Board, Personnel Board, and the to cabinet-level status . The labor cabinet creased from $3 .35 to $3 .45 an hour, ef- Governor's Office of State Employee Re- consists of the offices of the secretary, gen- fective January 1, 1985. Further increases lations are scheduled for termination at that eral counsel, administative services and la- to $3 .55 on January 1, 1986, and to $3 .65 time unless continued or modified by law . bor-management relations, and the de- on January 1, 1987, are scheduled . Also, Among changes in the State military ser- partments of workplace standards and a corresponding change was made in the vice law, reemployment rights were given workers' claims . section of the law providing for State to employees called to active State service, Members of union group matching of any Federal increases up to a with restoration of seniority, status, pay, plans may continue participating during pe- maximum of $4 an hour . and vacation rights as if there had been no riods of temporary, involuntary unemploy- Among changes in the wage-payment law, interruption . Application for reemployment ment by contributing their premiums . Also, the labor department was specifically au- must be within 30 days of release or dis- policies may now be issued in which the thorized to collect judgments for unpaid charge from active State service . member is solely responsible for the entire wages on behalf of terminated employees premium payment. and also to collect fines assessed for vio- lations of the act . Penalties for violating the Maryland Louisiana equal pay and unfair agreements provisions Hours. The law permitting law enforce- were increased . A separate amendment ment employees of the Maryland State Po- Wages . Wage assignments may now be stipulates that any balance due an hourly lice to work a l0-hour workday and 4-day ordered by a court for all past due support employee that was not paid on the normally payments rather than only for workweek, if authorized, in lieu of an 8- child-support scheduled payday must be paid by the em- hour workday and 5-day payments, and the amount of wages workweek, was exempt ployee's next regular payday . amended from such withholding was to also permit 12-hour work pe- made the same riods and to expand for child or spouse support . Equal employment coverage to include opportunity . A select civilian employees on a 40-hour workweek committee was created to study available Equal employment opportunity . Respon- training and education programs for hand- Agriculture . The application fee for a farm sibility for performing certain social ser- icapped young adults, and to develop a 5- labor contractor certificate of registration vices for State residents age 60 and over, year plan which identifies elements of a was reduced from $150 annually to $25. including employment and training, coun- coordinated system of support services for seling, and information and referral ser- transition from school to community living, Equal employment opportunity . A joint vices, were transferred from the Office of necessary legislative and regulatory changes resolution urged the Congress to again pass Human Development in the Department of to promote optimal independence for those and submit to the States for ratification, the Health and Human Resources to the Office individuals, and recommendations for nec- Equal Rights Amendment to the U .S . Con- of Elderly Affairs in the Governor's Office . essary financing of new and expanded pro- stitution . Governmental bodies are required to give grams . a preference in their purchasing practices Labor relations . Maryland's Mass Tran- to goods manufactured and services per- Labor relations . A Judicial Employees sit Administration is now authorized to in-

35 MONTHLY LABOR REVIEW January 1985 e State Labor Legislation in 1984 elude limited automatic cost-of- the Corps is to work and the objectives of Private employment agencies . Businesses adjustments in its collective bargaining the work experience . which are engaged solely in providing em- agreements . ployers, by electronic means, biographical Other laws . The Division of Labor and information, background, and experience Industry, Apprenticeship and Training Occupational salty and health . The of applicants for temporary employment, Council, Occupational Safety and Health Commissioner of Labor and Industry may help, or engagement were specifically ex- Advisory Board, and the Amusement Ride now bring suit in the District Court to en- empted from the employment agency law. Safety Advisory Board, all scheduled for force payment of overdue civil penalties termination on July I , 1993, were extended Occupational safety and health . A right- imposed by the State Occupational Safety to July I, 1994 . to-know law, enacted in late 1983, covers and Health Administration . Payment bonds will now be required be- public and private sector employers and The occupational safety and health law fore awarding any public construction con- residents of communities with covered em- now provides for the maintenance and dis- tract over $50,000, rather than $25,000 as ployers . It requires that employees be in- semination by employers of information on before . Jurisdictions other than the State or formed of and given training on toxic the toxic and and hazardous substances to its agencies may require bonds of up to one- substances found in the workplace, and es- which workers are exposed, requires the half the contract amount for any construc- tablishes procedures for community resi- education and training of employees re- tion contract between $25,000 and $50,000. dents to petition for investigation if it is garding those hazards and their safe han- believed that the use of a toxic or hazardous dling, requires employers to provide substance in the employer's workplace is a information to government fire protection Massachusetts danger to the public health . Hazardous sub- agencies, and establishes procedures for the Wages. A special legislative committee is stances are to be identified and records release of trade secret information . An em- to investigate and study comparable worth maintained on the employers' premises . ployee requesting information about a haz- in the State service, identifying the extent Employees who request information cannot ardous chemical may refuse to work with of sex segregation and those classified po- be required to work with a substance until that chemical until the information is pro- sitions not compensated on a comparable the information has been provided and are vided. worth basis. Findings were to be reported not to be disciplined for such action . Var- An explosives advisory council was cre- to the House of Representatives by Decem- ious portions of the law are to be admin- ated to advise, assist, and recommend&r_to ber 26, 1984, including drafts of any rec- istered by the public health, labor and the Department of Public Safety and ommended legislation . industry, and environmental quality engi- rectional Services, rules and regulations for neering departments . the storage, use, manufacture, and trans- Equal employment opportunity . The pro- portation of designated explosives in the tection from employment discrimination on Plant closings . An industrial service pro- State . the basis of age, previously applicable to gram was established to assist private busi- A new law forbids the purchase and sale persons age 45 to 65, was extended to all nesses, upon request, in alleviating of asbestos protective clothing and also re- persons over the age of 40 with certain lim- conditions which threaten to cause a large stricts its use. In addition, effective July 1, ited exceptions. loss of employment, plant closure, or busi- 1985, an employer may not possess or keep Discrimination in employment against the ness failure, and where such loss of em- such clothing or require or request em- handicapped is now prohibited under the ployment, closure, or failure is unavoidable, ployees to use it. Fair Employment Practice law, adminis- to assist in efforts to secure alternative em- tered by the Commission Against Discrim- ployment and retraining opportunities for Plant closings . State employees adversely ination . The law provides for administrative displaced workers. Help will also be avail- affected by the closing of a facility em- remedies, including investigation of com- able to affected communities in finding new ploying 50 workers or more must be given plaints, hearings, issuance of cease and desist uses for idled plants or facilities and in fos- at least 6 months advance notice of such orders, and judicial review . Employers must tering long-term economic vitality, indus- closing, and are entitled to job counseling make reasonable accommodation for the in- trial growth and job creation . and training referral and assistance in se- dividual's handicap . curing other State employment . Employment and training . The Bay State Labor relations . The labor relations law Skills Corp . in the Manpower Affairs Ex- Employment and training . The Depart- covering private sector employers, health ecutive Office now has jurisdiction over the ment of Education and Training was di- care facilities, and nonprofit institutions was State's displaced homemaker program . New rected to establish a financial assistance amended to include coverage of vendors provisions include the establishment of a program for certain individuals receiving who contract with or receive funds from statewide advisory counsel, and a require- classroom training with funds provided un- the Commonwealth or its political subdi- ment that at least five of the previously der the Federal Joint Training Partnership visions to provide social, protective, legal, mandated multipurpose service centers are Act . This program will consist of a living medical, custodial, rehabilitative, respite, to be established statewide . expense allowance for certain unemployed nutritional, employment, educational, individuals who are economically disad- training, and similar services . Other laws. The authority of the labor vantaged, dislocated workers, or otherwise A legislative resolution called for the cre- commissioner to suspend various labor laws, qualified. ation of a special commission to study col- when an emergency exists or there are con- The law establishing the Maryland Con- lective bargaining and dispute resolution for ditions of hardship in an industry, was ex- servation Corps, which is to provide em- municipal police officers and firefighters in tended to July 1, 1985 . ployment in the development and light of local taxing limitations and other maintenance of natural resources, was matters . Findings and recommendations, Michigan amended to specifically provide for the re- including any legislative proposals, were to cruitment of persons age 16 to 24 and to be submitted to the legislature by December Labor relations. A January 1984 State enumerate the types of projects on which 1, 1984. circuit court decision held that the State's

36 strikebreaker law, prohibiting employers tion relationships among its employees by error to the Commissioner of Labor and from hiring professional strikebreakers, was August 1, 1987 . The political subdivisions, Industry . unconstitutional because of preemption by by use of a job system to deter- the National Labor Relations Act . The court mine comparable work value, are to estab- Other laws . The law requiring public stated that the hiring of persons to replace lish equitable compensation relationships agencies to give preference to products striking or locked out workers is a recog- between female-dominated classes of em- manufactured in the State when purchasing nized employer right under the Federal act ployees, male-dominated classes, and classes goods was repealed . Also, the definition of and a State limitation on that right unac- not dominated by either sex . (A similar public contract for purposes of granting res- ceptably impairs the employer/employee measure implementing a pay equity system ident bidder preference was clarified, and balance struck by Congress. for State employees was enacted in 1982 .) a provision was added penalizing State Also, the legislature requested the regents agencies failing to accord such preference. Employment and training . Duties and of the University of Minnesota to conduct The law prohibiting cities or counties in functions of the Michigan Youth Corp were a job evaluation study of its nonacademic the seven county Twin Cities area from es- transferred from the Department of Man- employees, including hospital employees, tablishing residency requirements as a con- agement and Budget to the Department of based on comparable worth principles . A dition of employment was amended to Labor, and the requirement that eligible report, to be submitted to the legislative expand the prohibition to all cities and general assistance recipients participate in commission on employee relations by April counties in the State. Those jurisdictions programs was eliminated . A private sector 1, 1985, is to identify inequitably compen- outside of the Twin Cities area may impose advisory task force was established to ex- sated female-dominated classes, estimate a reasonable area or response time resi- amine the feasibility of employing youth in the cost of salary adjustments, and list steps dency requirement if there is a demon- the private sector during their participation taken to achieve pay equity . strated, job related necessity . in the program, and to make suggestions in The law permitting public employees who such areas as career counseling, job-search Child labor. The penalty section of the qualify as members of a U .S. team for ath- assistance, and job placement. child labor law was amended to specify that letic competition on the world, Pan Amer- employers who refuse to make certificates ican, or Olympic level up to 90 days paid Minnesota or lists available as required will be as- a year was amended to limit such leave to Olympic competition or Wages. An amendment to the minimum sessed a $500 fine, and that other fines for training in an Olympic year. wage law provides for a phased elimination employment, hours, and hazardous occu- pations violations are imposed for each em- of the 20-percent maximum tip credit al- Mississippi lowance by a 5-percent annual reduction ployee. beginning in 1985 with total elimination Equal employment opportunity . In the achieved by 1988 . Equal employment opportunity . Age re- Administrative Reorganization Act of 1984, Individuals employed to provide over- strictions in apprenticeship programs, in the legislature expressed its intent that no night domestic companionship services to trades involving heavy physical labor, or person seeking employment in State service the aged and infirm will now be exempt work on high structures, will no longer be or employed in State service be discrimi- from minimum wage and overtime pay re- exempt from the unfair discriminatory prac- nated against on the basis of race, color, quirements for up to 8 hours of sleeptime tices section of the State Human Rights Act. religion, sex, national origin, age, or hand- between 10 p.m. and 9 a.m., providing The Commissioner of Economic Secu- icap . they receive the minimum wage or more rity is to recommend to the legislature by for at least 4 hours of such time . March 1, 1985, new formulas for allocating Missouri The time period for bringing grants to sheltered workshops, with such action for Equal employment opportunity the recovery of wages or overtime or related formulas to take into consideration the ef- . Examina- tions for employment under the State penalties was increased from 2 to 3 years fectiveness of the workshop . Factors to be merit system must be conducted in locations which in those instances where the employer fails considered in evaluating workshops include are fully accessible to the handicapped to submit payroll records by the date re- wages and benefits paid to employees and . and hearing impaired candidates may request quested by the Department of Labor and hours worked, rate of placement in com- the furnishing of a certified interpreter. Industry or the nonpayment is willful . petitive employment, opportunities for em- Eligibility requirements for the use of Individuals employed as commissioned ployees to participate in decisions affecting services or facilities of county- or salespersons, are now specifically covered their employment, workshop responsive- city-op- erated sheltered workshops or residence fa- by a section requiring prompt payment of ness to employee grievances, and workshop cilities for the handicapped, were more fully wages. Terminated employees or those who efficiency . defined and clarified . resign giving 5 days notice will be paid all Private employment commissions within 3 working days of agencies . Anew law Occupational safety and health . A new requires the licensing and regulation leaving, employees not giving required no- of en- Boiler and Pressure Vessel Act, to be ad- tice will be paid within 6 working days, tertainment agencies by the Department of ministered by the Department of Public Labor and Industry, and employees entrusted with money or and sets conditions for Safety, provides for the creation of an ap- and operation property are to be paid within 10 working such as submission pointed of fee regulatory board, the setting of days . schedules, acceptable contract forms, standards for permissible equipment cov- payment The law allowing employers to make em- of a $10,000 bond and provision ered by the law, periodic inspection of boil- ployee for resolution of disputes with the artist . authorized payroll deductions was ers and pressure vessels, and the testing and amended to now permit deductions for Fed- licensing of inspectors . The law will not eral or State registered political action com- Occupational safety and health . The au- apply in cities or chartered counties which mittees . thority to appoint the occupational safety regulate such equipment by ordinance . A new law requires every political sub- and health advisory council and designate division to establish equitable compensa- its chairman was transferred from the Gov- Other laws . Missouri voters approved

37 MONTHLY LABOR REVIEW January 1985 * State Labor Legislation in 1984 changing the name of the Department of the right to receive a copy of the report of ommendations to the first session of the Consumer Affairs to the Department of the test results . No information obtained by 1985 legislature . Economic Development. testing may be released to any other em- ployer or person, and subjects must be in- Occupational safety and health . Amend- formed of their right to submit the results ments to the State's Occupational Safety Montana of an independently administered test be- and Health Act specify the procedures to Equal employment opportunity . In a spe- fore the employer makes a personnel de- be followed in promulgating emergency cial legislative session, preference in hiring cision . regulations in response to those issued un- for State and local government jobs was der the Federal Occupational Safety and limited to an advantage over applicants with Occupational safety and health . A com- Health Act, and provide that information substantially equal qualifications for com- prehensive new Occupational Safety and obtained in on-site consultation inspections bat-era veterans, disabled veterans, hand- Health Act applicable to public employees is to remain confidential . icapped persons, and certain eligible spouses . was enacted . Among the provisions are those The new law replaces one which had been creating an advisory board, providing for Other laws. The law giving resident con- interpreted by the State Supreme Court as the development of safety and health stan- tractors preference in the awarding of State giving absolute preference for government dards, inspection of workplaces, giving construction projects was amended to change jobs to veterans and handicapped persons . employees information on their exposure to and expand the definition of resident con- conditions in violation of prescribed safety tractor ; to specify a 5-percent preference and health standards, and prohibitions on amount over nonresident contractors ; and Nebraska employer retaliation . The law is to be ad- to establish procedures for certification . Wages. Sheltered workshops are required ministered by the Department of Labor. to comply with the Federal Fair Labor Stan- New York Plant closings . Under a new Employee dards Act, and must pay clients wages con- Wages . The minimum salary requirement sistent with their health, efficiency, and Stock Ownership Plan Act, the Commis- from payment sioner of Commerce and for exemption frequency of general well-being as provided by the State Economic Devel- requirements in the wage-payment law for opment is to provide information on such minimum wage law, and must meet other executive, administrative, and professional plans, including procedures for establishing specified requirements in order to be eli- employees was raised from $300 to $400 them and assistance available from govern- gible for direct negotiation with public per week . agencies in lieu of the normal bidding re- ment sources and private sector consult- quirements for providing goods and ser- ants . When a plant closes or will close in Child labor. Employers who violate the vices. an already economically distressed munic- child labor law will now be subject to a ipality, the Commissioner may grant funds civil penalty, assessed by the labor com- Employment and training . A new Job to assist in preparing a cost-benefit analysis missioner, of up to $500 for each violation, Training Act requires the Commissioner of of the potential profitability of employee in addition to any other penalties previously Labor to take steps necessary to enable the ownership . After review of the results, ap- imposed . The size of the employer's busi- State to participate in programs under the propriate assistance such as loan guarantees ness, the good faith of the employer, the Federal Job Training Partnership Act (JTPA), or low interest loans will be provided to gravity of the violation, the history of pre- and to coordinate State job training activ- employee purchasers if benefits exceed costs vious violations, and the failure to comply ities . The Nebraska Job Training Council and funds are available . with record keeping or other requirements was established as the coordinating council will all be taken into consideration in set- under the JTPA. Employment and training . Qualified ting the amount of the penalty . workers who are currently unemployed or have received a layoff notice due to a fac- Equal employment opportunity . Mandatory New Jersey tory or plant closing may enroll in job train- retirement on the basis of age was prohib- Child labor. The nightwork hours pro- ing courses without tuition payment, with ited for both public and private sector em- vision for minors between age 16 and 18 certain restrictions, in any public State or ployers with certain exceptions, and the permitting work in restaurants after mid- county college . prohibition against age discrimination now night before nonschooldays was amended Voters, in the November 1984 general applies without upper-age limit instead of to permit restaurant and seasonal amuse- election, passed a legislature approved $90 ceasing at age 65 . These provisions become ment employment that is a continuation of million bond issue for the construction of effective January 1, 1985, for public em- work begun on a day not preceding a advanced technology centers at the State's ployers and January 1, 1986, for private schoolday, with parental permission, ex- public and private colleges and universities sector employers . cept that employment after 3 a.m. or before to build and improve technical and engi- Discrimination on the basis of age was 6 a.m. on a day before a schoolday is pro- neering facilities and provide high tech- prohibited in apprenticeship, on-the-job, and hibited . nology job training and retraining programs. other training programs . The Human Rights Law now prohibits Worker privacy . The law restricting em- an employer from requiring a pregnant em- ployers' use of lie detectors was amended New Mexico ployee to take a leave of absence unless the to cover prospective employees . Permitted pregnancy prevents the employee from per- testing was further limited to employees Equal employment opportunity . The State forming her job in a reasonable manner . directly involved in the manufacture, dis- highway department was requested to study tribution, dispensing of, or having access the hiring practices of contractors on high- Labor relations . Provisions of the non- to legally distributed controlled dangerous way construction projects as such practices profit corporation law establishing record- substances . Other provisions included per- affect the hiring of blacks, to determine ways keeping requirements and the right to inspect missible areas of questioning, the subjects' to assure that hiring practices do not dis- records were amended to specify that the right to representation by an attorney, and criminate, and to report any findings or rec- law does not require public employee or-

38 ganizations to disclose the home address of olds to sell beer in sealed containers, and Equal employment opportunity . State any current or past member . 19-year-olds to handle open liquor contain- agencies, boards, and commissions are to ers in their employment as waiters or wait- annually submit plans to private employment agencies . Employer resses in hotels, restaurants, social and the Office of Personnel Management which fee paid agencies placing applicants in ad- fraternal clubs, or night clubs . will, in turn, submit a progress report to ministrative employment positions paying the Governor, Speaker of the House of Rep- less than $20,000 per year are now exempt Agriculture . Among several amend- resentatives, and President Pro Tempore of from most provisions of the employment ments, made in late 1983, to the laws reg- the Senate . Agencies are not required to agency law. However, such agencies must ulating agricultural labor, a migrant give preferential treatment to members of register with the administrator and may not agricultural ombudsman was to be ap- any covered group based on an imbalance engage in several specified prohibited prac- pointed by the Bureau of Employment Ser- in comparison with area employment sta- tices. vices to serve as both liaison and information tistics, but it is not a discriminatory practice source for the migrant community, changes to adopt and implement a plan to reduce or Occupational safety and health . The were made in licensing and in- eliminate such an imbalance. Commissioner of Labor was authorized to spection requirements, safe drinking water issue rules to prevent personal injuries to health standards were incorporated into the Occupational safety and health . The State employees and patrons using amusement licensing requirements, and the Department Occupational Health and Safety law is now devices and temporary structures at carni- of Education was given new responsibilities applicable only to public sector employ- vals, fairs, and amusement parks. Within for educational programs for children of ment . Statutory references to the Occupa- New York City, the Department of Build- migrant agricultural laborers . tional Health and Safety Standards ings was empowered to make and enforce Commission and Board of Health and Safety such rules . Equal employment opportunity . A De- Compliance and Appeals were deleted, and partment of Aging was created to replace authority to establish standards and to aju- Other laws . Amendments to the civil ser- a Commission on Aging . Among its duties, dicate violations was redelegated to the vice and labor laws provide protections to the Department is responsible for planning, Commissioner of Labor. employees against retaliatory personnel ac- coordinating, and monitoring services for tions by employers for disclosing infor- older adults, including the operation of Other laws . The law requiring the grant- mation to a government body about employer multipurpose centers which provide such ing of preference to State-resident bidders violations of laws or regulations, which vi- services as programs to locate full- or part- in the award of public works contracts was olation endangers the public safety . Em- time employment opportunities . repealed . ployees must first inform the employer, however, and allow reasonable time for Occupational safety and health . Changes corrective action before disclosure . were made in the criteria used by the mine Pennsylvania examining board to certify persons for sev- Child labor. Sections of the child labor North Carolina eral mining occupations, and new compre- employment hensive safety procedures were adopted for law requiring certificates were Wages . Wages of State employees may amended to permit, as an alternative, the longwall mining . Employees are to receive be assigned to meet child support obliga- use of transferable work permits by minors instruction in such areas as escapeway and tions without the normal restrictions on least age 16 . These permits are travel routes, ventilation, roof support, who are at claims against the State . from one employer to another communications, and location of first aid transferable A pay equity study for the State's class- during the period for which the individual equipment . ified employees was authorized. A Pay Eq- is considered a minor. uity Advisory Committee, composed of Employment and training . The Director of Development is to administer a new legislators, is to monitor progress and make Equal employment opportunity . Reduction- Thomas Alva Edison matching a final report by June 1, 1986. A consultant grant pro- in-force procedures for various firefighters, may be hired to study the State personnel gram to foster research in advanced tech- police officers, and deputy sheriffs in the system and report findings to the Commit- nology areas likely to improve the economy State, which previously provided for first and the creation jobs . tee on policies which inhibit pay equity and lead to of mandating the retirement of those eligible development of an equitable job evaluation employees age 65 or over, were amended and pay system. Oklahoma to raise this age to 70.

Equal employment opportunity . Mandatory Wages. Among amendments to the pre- Labor relations . Amendments to the Pub- retirement under the State and local gov- vailing wage law, a $10,000 threshold lic School Code give professional employ- ernment employees' retirement systems was amount for coverage was established, con- ees the right to challenge termination using eliminated . Local boards of education and tractors and subcontractors are to now sub- either administrative remedies or proce- the Board of Governors of the University mit certified payrolls at the conclusion of dures established in collective bargaining of North Carolina may by resolution pro- the project instead of only upon request, agreements, but not both . vide for the retirement of certain personnel provision was made for worker verification at the age of 70 unless continued in service of payroll records, a 2-year debarment for Occupational safety and health . A com- on a year-to-year basis in accordance with violations was established, and violations prehensive Worker and Community Right regulations adopted by the boards . were made misdemeanors . to Know Act, to be fully effective 2 years In an action that will be helpful in the after the promulgation of regulations, re- enforcement of the State's wage payment quires public and private sector employers Ohio and prevailing wage laws, the section of to provide employees and the general public Child labor. The law setting permissible another law governing contractor licensing with information on hazardous chemicals ages for the sale or handling of alcoholic was amended to clarify the definition of found in the workplace, to maintain lists of beverages was amended to permit 18-year- contractor. these chemicals, to properly label them,

39 MONTHLY LABOR REVIEW January 1985 a State Labor Legislation in 1984 and to provide workers with training on the pose must be transferred by the employer the effects of video display terminals on nature of the chemicals and safe handling to the appropriate person or organization workers and to make recommendations on and emergency procedures. Procedures were within 21 days following the last day of the its findings . also included for the release of trade secret month in which the deduction is made un- information in medical emergencies, for less the recipient permits otherwise in writ- Other laws. A protection onsite testing, and for any person in the ing . act now protects State and municipal em- State to request an environmental hazard The law providing for judgments order- ployees from discharge or other retaliation survey for a particular workplace . Employ- ing child support and assignment of wages for reporting to a public body violations of ees who request information cannot be re- for such support payments, was amended law or rule, or for participating in an in- quired to work with a substance until the to provide for reciprocity with States having vestigation, hearing, or court action . information has been provided and are not similar laws. Employers may not charge applicants a to be disciplined for such action . Admin- A special legislative commission was au- fee for filing an employment application . istration of the law is vested in the De- thorized to study pay equity in State em- partment of Labor and Industry . ployment and determine if there is evidence South Carolina of undercompensation of female-dominated Economic development . The Milrite Child labor. In response to increase to classes in relation to male-dominated ones Council, quasi-public, independent age 20 for the legal purchase or possession a eco- where the composite value of skill, effort, nomic development agency, was extended of beer or wine, it was specified that per- responsibility, interpersonal skills, ac- through June 30, 1990, and was authorized sons age 18 and over lawfully employed to countability, and working conditions are serve or remove beer, wine, or alcoholic to create labor-management committees to comparable. The findings, which are non- enhance economic development through la- beverages will not be deemed in unlawful binding, will be reported by March 29, 1986 . bor-management cooperation . possession of the beverages during the course and scope of their duties . Plant closings . A new Employee-Own- Equal employment opportunity . The age ership Assistance Program under the De- for mandatory retirement of police and fire Equal employment opportunity . Mem- partment of Commerce gives local personnel was increased from 65 to 70, and bers of the State Retirement System may administrative agencies the authority to the mandatory retirement of correctional now take up to I year of maternity leave provide technical and financial assistance personnel at age 55 with 20 years service provided they pay the full actuarial cost . to eligible employee groups to promote re- was eliminated. structuring existing businesses, including The legislative commission created in Worker privacy. The law enforcement di- those facing layoffs or closing, into em- 1983 to study the feasibility of establishing vision was authorized to provide criminal ployee-owned enterprises . a revolving low-interest loan fund to pur- conviction histories on request to local school chase high technology adaptive equipment districts for prospective teachers and to the Employment and training . The Pennsyl- enabling the employment of disabled per- Department of Social Services for person- vania Conservation Corps was created in sons, and to recommend legislation, was nel of child day-care facilities . the Department of Environmental Re- extended for 1 year through . sources to provide a maximum of 6 months South Dakota of training and work experience on public Occupational safety and health . Among lands or facilities at no less than the State amendments to the Hazardous Substances Hours. The prohibition on a day's labor minimum wage to eligible economically Right-to-Know Act employers now have 24 exceeding 10 hours was amended to permit disadvantaged persons age 18 to 21 . hours to comply with a request for chemical a longer workday if agreed to by both the information from the labor department, and employee and employer . Puerto Rico employers must provide such information within 3 days of an employee's request . Equal employment opportunity . Em- Wages. Minimum wage rates were in- ployment discrimination on the basis of a creased in 1984 and late 1983 for several Also, certain laboratories were excluded from coverage while new safeguards were person's blindness or partial blindness is industries under revised mandatory decrees now prohibited under the State Human Rights issued by the Commonwealth Minimum enacted for laboratory employees, and pro- visions were added specifying information Act which is applicable to both private and Wage Board. Minimum rates for the trans- public sector employers . portation industry increased from a range and training that must be furnished to em- ployees of subcontractors . of $1 .40-$3 .35 an hour to $2 .80-$3 .35 on Other laws. Among changes in the law December 25, 1983, and rates were also A Hazardous Substances Community Right-to-Know chapter was enacted au- governing employee agreements not to increased in late 1983 for the bread, cracker, compete with the employer, the time period bakery products, and alimentary pastes in- thorizing any State resident to request cop- ies of employers' material safety data sheets for noncompetition was reduced from 10 to dustry and for the dairy industry . The min- 2 years after termination of the agreement . imum wage rate for the transportation vehicle and lists of designated substances from the Department of Labor, with a maximum $10 manufacturing and assembly industry in- Tennessee creased from $3 .10 to $3 .35 an hour on fee for each information request . Employer , 1984, and the minimum wage noncompliance may result in fines of up to Worker privacy . A resolution called for rate range for the metal, machinery, elec- $100 per day . Information exempted under the creation of a special legislative study trical products, instruments, and related the trade secret exemption is not included . committee to examine the use of polygraph products industry increased from $2-$2.30 Minimum standards were established for testing, including the use of such tests in an hour to $2 .75-$3 .35 an hour on May personal protective clothing, equipment, employment screening and employee eval- 23, 1984. training, and respiratory protection for uation and the rights and interests of both firefighters when exposed to the hazards of employees and employers . fire fighting . Rhode Island A joint resolution requested that a special Labor relations . Among changes made in Wages. Payroll deductions for any put- legislative commission be created to study the law permitting payroll deductions for

40 membership dues for certain State em- of study including wage garnishment, pay- trade secrets, providing for emergency dis- ployee associations, new procedural re- ment to subcontractors, inclusion of tips in closure, and adding to the penalties for un- quirements for payroll deductions were minimum wages, coverage of men by laws authorized disclosure . Also, information filed established, and provision was made for affecting women and minors, and compa- as confidential under the act was excluded retired State employees to authorize de- rable worth as it pertains to State employ- from the law requiring that official records ductions for membership dues from retire- ees . Recommendations for legislative action be open to public inspection. ment allowances. The provision for forfeiture are to be made to the next legislature, or A new Department of Mines, Minerals of the deduction right for participation in a earlier if warranted. and Energy was created and responsibility work stoppage was amended to also provide for administering the State mine safety law that a participant may additionally be sub- Vermont transferred from the Department of Labor ject to immediate termination of employ- and Industry to the new department. Also, ment. Wages . Courts may now order an assign- a Mine Safety Panel was established to re- ment of wages to enforce an order for child view applications for reduced coal mine in- Private employment agencies . A new or spouse support under certain conditions, spections . Coal mine operators found personnel recruiting services law was en- including delinquency . An employee may qualified, based on safety records and other acted, replacing the not be private employment discharged because of such an as- factors, may have the number of annual agency act. The new law, administered by signment. inspections reduced by two . Currently, in- a personnel recruiting services board com- spections are required at least every 90 days . Industrial homework . A resolution re- posed primarily of licensed agency man- In other mine safety quested the U.S . Congress to actions, an absolute agers, provides for licensing of agencies, direct the De- ban on the use of internal combustion en- partment of Labor to continue to protect managers, and agency placement person- gines underground in any coal mine was workers from safety and wage abuses and, nel, and establishes certain requirements on eliminated and replaced with a in doing so, to ensure that as a provision and prohibited practices for agencies . result of its permitting the use of diesel powered equip- regulation, homework not be banned alto- ment with written approval, provided cer- Occupational safety and health . By res- gether . tain safety standards are met, and olution, the legislature authorized the cre- ation of a special joint committee to study Labor relations . The Municipal Labor requirements were established for the main- tenance of escape routes and provision of right-to-know laws relative to hazardous Relations Act was amended to permit, in substances in the community and work- those municipalities that have voted to adopt fire extinguishers and respirators in long- place. Findings and any legislative propos- binding arbitration, the municipal employer wall mining operations . and the bargaining agent to agree to proceed als are to be submitted to the General Plant closings . A resolution extended the Assembly no later than February 1, 1985. directly from mediation to binding arbitra- life of the Commission Studying the Re- The composition of the Elevator Safety tion without submitting the dispute to fact- cruitment of Industry and Industrial Plant Board was changed and changes were finding . made Closings, created in 1983 to determine the in the statute to conform with a 1983 ex- reasons for the State's difficulty in recruit- ecutive order transferring the elevator Employment and training . A public works safety ing industry and to study alternatives for function from the Department jobs program, designed to provide up to 18 of Labor to aiding the unemployed. The Commission the Department of Commerce and Insur- weeks of temporary employment to certain is to submit its recommendations to the 1985 ance. unemployed residents of the State, due to expire June 30, 1984, was continued for 1 Session of the General Assembly . Economic development . An Enterprise year . Those areas in which such work will Employment and training . Legislation was Zone Act was enacted for the purpose of be performed were further defined . enacted to implement the Federal Job creating jobs and promoting physical im- Training Partnership Act within the State . provements in economically depressed areas Virginia Responsibility was assigned to the newly of the State by providing assistance to busi- created Governor's Employment and Train- nesses and industries Wages . As a followup to the women's including loans, grants, ing Division and the advisory State Job and tax concessions . Enterprise zones will pay study in 1983 by the Virginia Com- mission on the Status of Women, the leg- Training Coordinating Council . be identified based on such factors as rate islature, by resolution, requested the of unemployment, poverty rate, and de- Other laws . The contract amount for which crease in population. Secretaries of Administration and Finance to study the comparable worth concept and a payment bond is required on public con- the cost and changes it would cause in the struction projects was increased from Texas State government's job evaluation and clas- $25,000 to $100,000 . Public bodies are not Employment and training . By resolution, sification system. Reports are due to the precluded from requiring such a bond for the legislature requested the State Job Governor and General Assembly by Oc- contracts of a lesser amount . Training Coordinating Council to study the tober 30, 1984 . unemployment problem in the State and Virgin Islands make recommendations concerning transi- Industrial homework . By resolution, the Equal tional public employment and training pro- President, the Congress, and the U.S . Sec- employment opportunity . The pro- grams. A report is due to the Governor and retary of Labor were urged to rescind or hibition against employment discrimination legislature by December 31, 1984. amend the orders and regulations prohib- because of sex was defined to specifically iting industrial homework under the Fair apply to discrimination on the basis of preg- Utah Labor Standards Act . nancy, childbirth, or related medical con- ditions, and to require that women affected Other laws. A resolution directed the Occupational safety and health . The Toxic by such conditions be treated the same for Legislative Management Committee to as- Substances Information Act was amended all employment-related purposes as other sign to appropriate committees several items by adopting new sections further defining persons having different conditions affect-

41 MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984 ing their ability to work . Employment re- access to promotions, and to report on ways Clement involving municipal employees other lated purposes include receipt of benefits to eliminate any discrimination found to than law enforcement and fire fighting per- under disability benefit, , and exist. Findings are to be reported to the sonnel . Among the items to be reviewed medical benefit programs. The term em- Joint Committee on Government and Fi- are the operation of the mediation-arbitra- ployer was defined to specifically provide nance before the start of the 1985 Regular tion process and the impact of the law on that these provisions apply to both public Session of the Legislature . work stoppages . Results of the study and and private sector employers . any recommendations are to reported to the Occupational safety and health . Prior to 1985 legislature . Washington issuance of any surface mining permit, the An amendment to the State Employment Director of the Department of Natural Re- Wages . An employer of educational em- Relations law authorizes public employees sources must now receive verification, from ployees must now, upon the request of at to disclose information on violations of State the Commissioner of Labor, of an appli- least five employees, arrange for the pur- or Federal law or mismanagement or abuse cant's compliance with the State's bonding chase of an approved tax deferred annuity of authority after the first following internal requirements for wages and benefits, and a and protects those who do so and make payroll deductions for the pre- procedures, copy of the permit is to be forwarded to the from employer retaliation . miums. Commissioner who is to assure continued Promoters of theatrical enterprises, prior compliance . It was specifically stipulated Occupational safety and health . Among to the commencement of the production, amendments to the Employees' Right to give the Department of Labor that the wage bond is to be furnished before must now the work is started . Know Law, new requirements were added and Industries a payment bond or cash suf- mandating retention of data sheets and other ficient to pay the wages of all employees toxic substance information for 30 years Wisconsin for the period for which a single payment from the last use of the substance in the of wages is made, not exceeding I week . Wages . Real estate agents and real estate workplace ; further regulating the use of Persons to whom court ordered child salespersons paid solely by commission were pesticides ; requiring notice to minor em- support payments are more than 15 days specifically excluded from coverage under ployees' parents of the minor's rights under overdue, may seek a mandatory wage as- the minimum wage law . the law ; and creating a procedure for filing signment without prior notice to the indi- The Task Force on Comparable Worth employee complaints with the Department vidual in default . Such wage assignment was created by Executive Order to review of Industry, Labor, and Human Relations . may not exceed 50 percent of disposable the State classification and Employees of community-based residen- earnings . compensation systems and develop the tial facilities are now required to receive methodology for their evaluation under training within 90 days of employment in safety and health . A new Occupational comparable worth principles . Final rec- basic first aid, fire prevention and control, Right to Know Act Worker and Community ommendations, including an estimate of the evacuation techniques, and other safety for the disclosure of establishes a program cost of implementation, are due by Decem- measures . hazardous substances in information about ber 31, 1985. the workplace . Employees who request in- Plant closings . The law requiring em- formation cannot be required to work with Equal employment opportunity . The pro- ployers of 100 workers of more to give 60 a substance until the information has been hibition against employment discrimination days' written notice to the Department of provided and are not to be disciplined for on the basis of age now applies to all per- Industry, Labor, and Human Relations be- such action . An advisory council was cre- sons age 40 or over instead of only those fore an impending shutdown of operations ated to study the impact of the law on em- between 40 and 70. Also, the mandatory was extended . Notice must now be given ployers, especially those in agriculture and retirement of executive or high level policy- also to affected employees, their collective small business, and the costs of the law to making employees between age 65 and 70 bargaining representative, and the political the labor department, local governments, is no longer lawful . subdivision where the business is located . school districts, colleges, and hospitals, with Such notices are required only when 10 a report due to the legislature by January Labor relations . The State employment employees or more are affected . 1, 1985 . The council is also to advise the labor relations act was amended to now Other laws. Those administrative deci- Department of Labor and Industries on im- permit maintenance of membership as well Department of Industry, Labor Department is to pro- as the previously authorized fair-share sions of the plementation, and the and Human Relations, which are subject to and distribute materials informing agreements, if approved by at least two- duce review by the Labor and Industry Review their right to information under thirds of the eligible members in a collec- citizens of Commission, must be appealed to the Com- the law . tive bargaining unit . A maintenance of membership agreement requires those em- mission before being subject to judicial re- view . West Virginia ployees whose dues are being deducted at Wages. By resolution, a Task Force on the time an agreement takes effect to con- Wyoming Public Employee Pay Equity was created tinue to have dues deducted for the duration to develop a single, sex-neutral point factor of the agreement . Equal employment opportunity . Employ- evaluation system to be applied to all public A joint resolution requests the legislative ment discrimination on the basis of age 40 sector jobs in the State, to rank jobs ac- council to study the mediation-arbitration to 70 is now prohibited under the Fair Em- cordingly, to identify variations in pay and law for collective bargaining dispute set- ployment Practices Act . 0

FOOTNOTES

The legislatures did not meet in Arkansas, New Hampshire, or North which is based on information received by November 9, 1984 . z Dakota . Special sessions were held in Nevada and , but no signif- Unemployment insurance and workers' compensation are not within icant legislation was enacted in the fields covered by this article. Infor- the scope of this article. Separate articles on each of these subjects are mation on Guam had not been received in time to include in this article, included in this issue of the Monthly Labor Review .

42