May 2012, State Employment Laws And Regulations, Wages-Hours/Labor Relations In Full Text

State Employment Law Library Update August 2012

Alaska Health Insurance Benefit Coverage

Effective January 1, 2013, except for a fraternal benefit society, a health care insurer that offers, issues for delivery, delivers, or renews a health care insurance plan in this state shall provide coverage for the costs of the diagnosis and treatment of autism spectrum disorders in individuals under 21 years of age. Coverage must include treatment prescribed by a licensed physician, psychologist, or advanced nurse practitioner, provided by or supervised by an autism service provider, and as identified in a treatment plan developed following a comprehensive evaluation. Small employers may be exempt from this mandate (S. 74, L. 2012, effective January 1, 2013).

The law relating to prescription drug coverage has also been amended, effective January 1, 2013 (Ch. 52 (H. 218), L. 2012). Summaries, State Employment Law Library ¶2-4000.

California Minimum Wage

Living wage rates for the following local jurisdictions have been updated: Berkeley; Irvine; Oakland; Port of Oakland; San Diego; San Jose (including Norman Y. Mineta San Jose International Airport); Santa Cruz County; and City of Santa Cruz. Summaries, State Employment Law Library ¶5-1000.

California Posters

The City of San Leandro’s living wage poster has been updated to reflect rates effective July 1, 2012. Summaries, State Employment Law Library ¶5-9900.

Connecticut Health Insurance Benefit Coverage

The state has enacted a law concerning guidelines for health insurance coverage for breast magnetic resonance imaging (P.A. 12-150 (S. 97), L. 2012). Summaries, State Employment Law Library ¶7-4000.

Connecticut Minimum Wage The current living wage rate for Manchester is $12.74 per hour with $3.57 per hour for health benefits, or $16.31 per hour if such benefits are not provided. Summaries, State Employment Law Library ¶7-1000.

Connecticut Posters

The Manchester Living Wage Poster has been added. Summaries, State Employment Law Library ¶7-9900.

Delaware Employee Misclassification

The Workplace Fraud Act, which prohibits the misclassification of employees as independent contractors and which applies to private employers in the construction services industry, has been amended to provide that the Department of Labor is to post, on its website, a list of employers who violate the Act. Such names are to remain posted on the website for a period of three years from the date the final determination or decision was issued (Ch. 320 (H. 222), L. 2012). Full text, State Employment Law Library ¶8- 48,014 and ¶8-48,015.

Delaware New Hire Reporting

Every employer required to deduct and withhold income tax must, within 20 days after the date it hires an employee, notify the State Directory of New Hires of the hiring. Employers must report for each new hire the name, address and social security number of the newly hired employee, the date services for remuneration were first performed by the employee, and the name and address of, and federal tax identifying number (FEIN) assigned to, the employer. Employers that report electronically or magnetically must submit such reports by two monthly submissions, 12-16 days apart (Ch. 311 (S. 274), L. 2011). Full text, State Employment Law Library ¶8-47,024.

District of Columbia Minimum Wage

The Living Wage Act of 2006 has been amended to replace references to “mentally retarded persons” with the phrase “persons with intellectual disabilities” (Act 361 (B. 189), L. 2011, enacted May 15, 2012). Full text, State Employment Law Library ¶9- 41,020 and ¶9-41,026.

Florida Minimum Wage

Effective through September 30, 2013, Palm Beach County must pay a living wage of $11.40 per hour to all county employees providing any services within the scope of their county employment. Noncounty employers must pay the living wage to all noncounty employees directly providing construction-related services. The rate is to be adjusted annually. Summaries, State Employment Law Library ¶10-1000.

Florida New Hire Reporting All employers must furnish a report to the State Directory of New Hires that includes the name, address, date of hire and social security number of every new and rehired employee, and the employer's name, address, and federal tax identifying number (FEIN). Employers subject to the reporting requirements of Florida's unemployment compensation law with 250 or more employees must provide a report for each newly hired or rehired employee to the State Directory of New Hires. The report must list the employee's legal name, address, and reemployment assistance identification number. The report must also provide the name and social security number of each new employee or rehired employee at the end of the first pay period following employment or reemployment (Ch. 30 (H. 7027), L. 2012, effective July 1, 2012). Full text, State Employment Law Library ¶10-47,014.

Florida Posters

The Palm Beach County Living Wage Poster has been added. Summaries, State Employment Law Library ¶10-9900.

Florida Violence in the Workplace

The state has amended its stalking law, effective October 1, 2012 (Ch. 2012-153 (H. 1099), L. 2012). Summaries, State Employment Law Library ¶10-3300.

Hawaii Background Checks

As previously reported, the state has enacted a law allowing programs statutorily authorized to conduct criminal history record checks on employment and licensing applicants to participate in a statewide rap back program. The law provides that such program will inform an employer when an individual, who has undergone a fingerprint- based background check and whose fingerprints are retained by a criminal history repository after the check, is subsequently arrested (Act 2012-210 (H. 2454), L. 2012). Full text, State Employment Law Library ¶12-23,601.03. Summaries, State Employment Law Library ¶12-9000.

Hawaii Health Insurance Benefit Coverage

The state has amended its health insurance coverage law with respect to chemotherapy (Ch. 30 (H. 1964), L. 2012). Summaries, State Employment Law Library ¶12-4000.

Illinois Equal Pay

Effective January 1, 2013, corporate officers and agents of employers who willfully and knowingly permit an employer to evade a final judgment or final award under the Illinois Equal Pay Act will be deemed liable as employers of the employees (P.A. 97-903 (S. 2847), L. 2012, enacted August 6, 2012). Full text, State Employment Law Library ¶14- 42,009a. Summaries, State Employment Law Library ¶14-2500. Illinois Human Rights

The Illinois Human Rights Law has been amended to change references to “handicap” to “disability” (P.A. 97-877 (H. 3915), L. 2012, effective August 2, 2012). Full text, State Employment Law Library ¶14-20,026.01 and ¶14-20,026.04.

Illinois Minimum Wage

The current living wage rates for Cook County are $11.08 per hour if employee health benefits are provided, or $13.85 per hour without health benefits. Summaries, State Employment Law Library ¶14-1000.

Illinois New Hire Reporting

Employers must now report the employee’s monthly projected wages, along with other information required for newly hired employees, namely, the employee's name, address and social security number, and the date services for remuneration were first performed by the employee (P.A. 97-689 (S. 2840), L. 2011, effective June 14, 2012). Full text, State Employment Law Library ¶14-47,024.

Effective January 1, 2013, “newly hired employee” is defined to mean an individual who (i) is considered an employee for federal income tax purposes under Chapter 24 of the Internal Revenue Code of 1986 and (ii) either has not previously been employed by the employer or was previously employed by the employer, but has been separated from that prior employment for at least 60 consecutive days (P.A. 97-791 (H. 5632), L. 2011, enacted July 13, 2012). Full text, State Employment Law Library ¶14-47,024.

Illinois Social Media Privacy in Employment

Illinois Governor Pat Quinn has signed a new law protecting current and prospective employees’ right to privacy. House Bill 3782 makes it illegal for an employer to request an employee’s or job candidate’s social network account information, such as username or password, in order to gain access to their account or profile. Illinois is the second state to enact such a law. On May 2, 2012, Maryland became the first state to do so with the signing of Ch. 233 (S. 433) and Ch. 234 (H. 964), effective October 1, 2012. The Illinois law will take effect January 1, 2013. Full text, State Employment Law Library ¶14- 21,350.10.

Indiana Minimum Wage

For 2012, the living wage rate for Bloomington is $11.66 per hour. For 2013, the living wage rate will be $11.85 per hour. Summaries, State Employment Law Library ¶15-1000.

Indiana Posters The Spanish version of the state’s job safety and health poster has been added. Summaries, State Employment Law Library ¶15-9900.

Kentucky Unemployment Insurance

The maximum weekly benefit amount in Kentucky remains $415, effective July 1, 2012, and the minimum amount remains $39. Summaries, State Employment Law Library ¶18- 1700.

Maryland Health Insurance Benefit Coverage

The state has amended its law with respect to coverage of habilitative services for children with congenital or genetic birth defects, including but not limited to autism spectrum disorder (Ch. 293 (S. 744) and Ch. 294 (H. 1055), L. 2012). Summaries, State Employment Law Library ¶21-4000.

Maryland Minimum Wage

The living wage for Montgomery County is $13.65 per hour, without health benefits, effective through June 30, 2013. If health benefits are provided, the hourly wage may be reduced by all or part of the per-employee hourly cost of the employer's share of the premium during the time services are actually being provided to the county. Summaries, State Employment Law Library ¶21-1000.

Massachusetts Minimum Wage

As of July 1, 2012, the living wage rate for Brookline is $12.61 per hour. Summaries, State Employment Law Library ¶22-1000.

Massachusetts Overtime

New law has been enacted prohibiting mandatory overtime for hospital nurses.

Mandatory overtime beyond the predetermined and regularly scheduled hours will be prohibited except in an emergency where the safety of the patient requires its use and when there is no reasonable alternative. Before requiring mandatory overtime, a good faith effort must be made to have overtime covered on a voluntary basis. Employers are prohibited from discriminating, dismissing, discharging or otherwise retaliating against a nurse who refuses to work mandatory overtime (Ch. 224 (S. 2400), L. 2012, enacted August 6, 2012, and effective November 5, 2012). Full text, State Employment Law Library ¶22-44,042. Summaries, State Employment Law Library ¶22-1100.

Massachusetts Wage Payment

Massachusetts Governor Deval Patrick signed H. 4304, “An Act Establishing a Temporary Workers Right to Know,” on August 6. The legislation requires that staffing agencies provide employees with notice and basic information about a new job before being sent out by the agency.

H. 4304 requires staffing agencies to provide each employee for new assignment or employment notice of (1) the name, address and telephone number of (a) the staffing agency, or the contact information of the staffing agent facilitating the placement, (b) its workers’ comp carrier, (c) the worksite employer, and (d) the department of labor standards; (2) a description of the position and whether it shall require any special clothing, equipment, training, or licenses and any costs charged to the employee for supplies or training; (3) the designated pay day, the hourly rate of pay and whether overtime may occur; (4) the daily starting time and anticipated end time and, when known, the expected duration of employment; (5) whether any meals will be provided by the staffing agency or workplace employer and the charge, if any, to the employee; and (6) details of the means of transportation to the worksite and any fees charged to the employee by the staffing agency or worksite employer for any transportation services. The bill also requires written notice, before the end of the employee’s first pay period, of this information; requires immediate notification of any changes to the initial terms of employment; and requires the staffing agency to post notice of employees’ rights in each of its locations where it does business.

The Act also prohibits agencies from charging certain fees, and requires that a worker be reimbursed if he or she is sent to a worksite where no work is available. Employees must also be given notice of any location that is on strike or lockout (Ch. 225 (H. 4304), L. 2012, effective November 5, 2012). Full text, State Employment Law Library ¶22- 46,019a. Summaries, State Employment Law Library ¶22-1200.

Minnesota Holidays

Financial institutions may remain closed on any Monday next following a Sunday holiday, and on any Saturday following a Friday holiday or preceding a Sunday or Monday holiday (Ch. 142 (S. 1735), L. 2012). Full text, State Employment Law Library ¶24-44,402. Summaries, State Employment Law Library ¶24-7400.

Missouri Background Checks

The state has enacted a law changing the provisions regarding the Department of Mental Health Employment Registry (H. 1318, L. 2012). Summaries, State Employment Law Library ¶26-9000.

Missouri Disaster and Emergency Services Leave

Employees of the state who are members of the United States Coast Guard Auxiliary may be granted a leave of absence from their respective duties, without loss of time, pay, regular leave, impairment or efficiency rating, or of any other rights the employee may be entitled to, for periods during which such person is engaged in the performance of the United States Coast Guard or United States Coast Guard Auxiliary duties, when authorized by appropriate order. Leave for such service shall be for not more than 15 working days in any state fiscal year, or without regard to length of time when responding to a state or nationally declared emergency or disaster in Missouri or upon any navigable waterway within or adjacent to Missouri. Employees are protected from discharge or discrimination based on such leave. Similar leave and protections apply to employees of private employers with 50 or more employees, for periods during which the employee is performing United States Coast Guard or United States Coast Guard Auxiliary duties when authorized by the Director of Auxiliary (DIRAUX) or other appropriate authority, except that such private employers are not obligated to pay employees during such leave, and these employers may request that the employee be exempted from responding (H. 1315, L. 2012, enacted July 6, 2012). Full text, State Employment Law Library ¶26-58,202a. Summaries, State Employment Law Library ¶26- 7200.

Montana Wrongful Discharge

An insurance provider acted within its rights when it terminated an employee for violating an oft-stated prohibition on the use of unapproved marketing materials, the Montana Supreme Court has ruled in affirming the trial court’s grant of summary judgment to the employer (Kuszmaul v Sterling Life Insurance Co, July 20, 2012, Cotter, P). The court found that the employer had just cause and that the termination did not violate its personnel policies. Summaries, State Employment Law Library ¶27-3600.

New Hampshire Health Insurance Benefit Coverage

Effective January 1, 2013, group health insurers and HMOs will be required to provide coverage for expenses arising from a health service performed by a licensed doctor of naturopathic medicine if that particular type of service is within the scope of practice of such doctor and if the insurer would reimburse for that type of service when performed by any other type of health care provider (Ch. 278 (H. 351), L. 2012). Summaries, State Employment Law Library ¶30-4000.

New Jersey Unemployment Insurance

For the period of July 1, 2012, through June 30, 2013, rates will be determined under Schedule E. Rates under that schedule range from 1.2% to 4.3% for positive-balance employers, and from 6.10% to 7.0% for negative-balance employers, with new employers paying 3.4%.

For 2013, the taxable wage base will be $30,900, an increase of $600 from the 2012 wage base of $30,300.

Summaries, State Employment Law Library ¶31-1700.

New York Health Insurance Benefit Coverage The state has expanded health insurance coverage requirements for partial mastectomies, effective August 1, 2012 (S. 3801, L. 2012). Summaries, State Employment Law Library ¶33-4000.

New York Minimum Wage

The following jurisdictions have adjusted their living wage rates: Buffalo, Rochester, Syracuse, and Suffolk County. Summaries, State Employment Law Library ¶33-1000.

New York Posters

The Syracuse Living Wage Poster has been updated. Summaries, State Employment Law Library ¶33-9900.

North Carolina Background Checks

The state has amended its background check law to improve the safety of children in child care facilities (Session Law 2012-160 (H. 737), L. 2012, effective January 1, 2013). Full text, State Employment Law Library ¶34-23,600.07. Summaries, State Employment Law Library ¶34-9000.

North Carolina Minimum Wage

The “liveable wage” rate for the City of Durham for 2012 is $11.55 per hour; for 2013, the rate will be $11.91 per hour. Also, effective July 1, 2012, the living wage rate for Orange County is $10.97 per hour. Summaries, State Employment Law Library ¶34- 1000.

North Carolina Unemployment Insurance

The maximum weekly benefit amount in North Carolina, effective August 1, 2012, is $535. The minimum weekly benefit amount increased to $46. Summaries, State Employment Law Library ¶34-1700.

North Carolina Whistleblower Protection

Effective October 1, 2012, whistleblower protections will be extended to employees reporting matters of public concern related to the State Health Plan (Session Law 2012- 192 (H. 244), L. 2012). Full text, State Employment Law Library ¶34-62,007 and ¶34- 62,008. Summaries, State Employment Law Library ¶34-3600.

Oklahoma Holidays

Oklahoma Governor Mary Fallin issued Executive Order No. 2012-18 on June 28, 2012, designating the state holidays for 2013, pursuant to 25 Oklahoma Statutes Section 82.1, as January 1, January 21, February 18, May 27, July 4, September 2, November 11, November 28 and 29 and December 24 and 25, 2013. Full text, State Employment Law Library ¶37-44,803. Summaries, State Employment Law Library ¶37-7400.

Oregon Minimum Wage

The current living wage rate for Ashland is $13.96 per hour. For Corvallis, the current living wage rate is $12.11 per hour. Summaries, State Employment Law Library ¶38- 1000.

Oregon Posters

The English version of the Corvallis living wage poster has been updated, and the Spanish version has been added. Also, the Ashland living wage poster has been updated. Summaries, State Employment Law Library ¶38-9900.

Oregon Smoking in the Workplace

Oregon Governor John Kitzhaber signed Executive Order No. 12-13 on August 2, 2012, to establish most state-owned buildings and properties as tobacco-free while creating a single, statewide policy to transition state properties to tobacco-free status by 2014. The Order is effective until December 31, 2022. Summaries, State Employment Law Library ¶38-2700.

Oregon Unemployment Insurance

Effective July 1, 2012, the maximum weekly benefit amount in Oregon increased to $524, and the minimum weekly benefit amount increased to $122. Summaries, State Employment Law Library ¶38-1700.

Pennsylvania Background Checks

The state has amended its law relating to background checks of current and prospective school employees (H. 1901, L. 2011, enacted June 30, 2012). Full text, State Employment Law Library ¶39-23,600.21. Summaries, State Employment Law Library ¶39-9000.

Pennsylvania Employment Verification/Immigration

As previously reported, effective January 1, 2013, under the Public Works Employment Verification Act, public works contractors and subcontractors will be required to use the federal E-Verify program to electronically verify the employment eligibility of new employees (Act 2012-127 (S. 637), L. 2012). Full text, State Employment Law Library ¶39-24,050.31—¶39-24,050.41. Summaries, State Employment Law Library ¶39-2500.

Pennsylvania Health Insurance Benefit Coverage Health insurance policies shall provide coverage for general anesthesia and associated medical costs provided to an eligible dental patient—a patient who is seven years of age or younger or developmentally disabled for whom a successful result cannot be expected for treatment under local anesthesia and for whom a superior result can be expected for treatment under general anesthesia (Act 2012-94 (H. 532), L. 2012, enacted July 5, 2012, effective 180 days after enactment). Summaries, State Employment Law Library ¶39- 4000.

Rhode Island Unemployment Insurance

Effective July 1, 2012, the maximum weekly benefit amount for unemployment insurance purposes is $566. The minimum weekly benefit amount is $43. Also effective July 1, 2012, the maximum weekly benefit amount for temporary disability insurance purposes is $736, and the minimum weekly benefit amount is $69. Summaries, State Employment Law Library ¶41-1700.

South Carolina Posters

The South Carolina Labor Law Abstract Poster has been updated, effective July 2012. Summaries, State Employment Law Library ¶42-9900.

South Carolina Unemployment Insurance

The maximum and minimum weekly benefit amounts in South Carolina remain $326 and $42, respectively, effective July 1, 2012. Summaries, State Employment Law Library ¶42-1700.

South Carolina Whistleblower Protection

The state has amended its whistleblower protection law with respect to remedies of private and public sector employees alleging discrimination for filing complaints or instituting proceedings regarding occupational safety and health. The law details procedures that the director of the Department of Labor, Licensing and Regulation must follow upon receipt of a complaint, and provides that the court of common pleas shall have jurisdiction if the director determines a violation has occurred (Act 282 (S. 1340), L. 2012). Full text, State Employment Law Library ¶42-62,008.

South Dakota Unemployment Insurance

Effective July 1, 2012, the maximum weekly benefit amount in South Dakota increased to $333. The minimum amounts remain at $28 per week. Summaries, State Employment Law Library ¶43-1700.

Virginia Minimum Wage Living wage rates for Arlington County and Charlottesville have recently been adjusted. Summaries, State Employment Law Library ¶48-1000.

Virginia Unemployment Insurance

The minimum and maximum weekly benefit amounts for claims filed on and after July 6, 2008, to July 6, 2014, are $54 and $378, respectively. The minimum and maximum weekly benefit amounts for claims filed on and after July 6, 2014, are $60 and $378, respectively. Summaries, State Employment Law Library ¶48-1700.

Washington Minimum Wage

In an en banc decision, the Washington Supreme Court ruled that under the Washington Minimum Wage Act (MWA), the correct inquiry into whether a worker is an employee or an independent contractor is whether, as a matter of economic reality, the worker is economically dependent upon the alleged employer or is instead in business for himself (Anfinson v FedEx Ground Package System, July 19, 2012, Owens, S). Affirming a state appellate court ruling that a trial court’s jury instruction misstated the law, the state high court concluded that the definition of ”employee” in RCW 49.46.010(3) incorporates the economic-dependence test developed by the federal courts in interpreting the FLSA. Moreover, because the trial court’s jury instruction was a clear misstatement of the law, it was presumptively prejudicial. FedEx, the victor at trial, failed to rebut that presumption, so the ruling of the court of appeals was affirmed on that issue. Summaries, State Employment Law Library ¶49-1000.

West Virginia Unemployment Insurance

The maximum and minimum weekly benefit amounts in West Virginia remain $424 and $24, respectively, effective July 1, 2012. Summaries, State Employment Law Library ¶50-1700.

Wyoming Unemployment Insurance

The maximum weekly benefit amount is $459, and the minimum benefit amount is $33, both effective July 1, 2012. Summaries, State Employment Law Library ¶52-1700.