State Employment Law Library Update s1

State Employment Law Library Update March 2014

District of Columbia Minimum Wage

The living wage in the District of Columbia increased to $13.60 per hour, effective retroactive to January 1, 2014. The new wage is a slight increase from the 2013 Living Wage of $13.40 and is calculated based on a formula set in the statute. As authorized by the Living Wage Act of 2006, all recipients of government contracts or assistance of $100,000 or more are required to pay their affiliated employees no less than the living wage authorized by the District.

Subcontractors of D.C. government contractors who receive $15,000 or more from the contract and subcontractors of the recipients of government assistance who receive $50,000 or more from the assistance are also required to pay their affiliated employees no less than the current living wage rate.

The 2014 living wage rate also covers employees of home care agencies, community residential facilities, and group homes for individuals with developmental disabilities. Home health workers providing services as part of a managed care organizations remain exempt (Source: The District of Columbia Department of Employment Services Press Release, February 24, 2014, http://does.dc.gov/release/district-announces-2014-living-wage-contractors- district-government; 2014 Living Wage Notice, February 24, 2014,http://does.dc.gov/sites/default/files/dc/sites/does/release_content/at tachments/Press%20Release%20-%20District%20Announces%20Living%20Wage %20Rate%20for%202014.pdf; 2014 Living Wage Poster, http://does.dc.gov/sites/default/files/dc/sites/does/publication/attachments /LIVING%20WAGE%20POSTER%20-%202014%20UPDATED.pdf). See Section 2- 220.03. Full Text, State Employment Law Library, ¶9-41,018. Summaries, State Employment Law Library ¶9-1000.

Also, the effective date for the “Minimum Wage Amendment Act of 2013,” which increases the minimum wage in the District starting July 1, 2014, with an increase to $9.50 per hour, is March 11, 2014. The Act also provides for additional increases to $10.50 on July 1, 2015, and to $11.50 on July 1, 2016, and then provides for annual increases based on increases in the cost of living starting July 1, 2017. The Act provides that the minimum wage in the District must be the scheduled rate or the federal rate plus $1, whichever is higher. Currently the minimum wage in the District is $8.25 per hour ($7.25 per hour federal rate, plus $1). DC Law No. 91 (Act 20-265; B20-459), L. 2013, effective March 11, 2014, 60 DC Register 778. Full Text, State Employment Law Library ¶9-41,003, ¶9-41,009, ¶9-41,009a and ¶9-41,010. Summaries, State Employment Law Library, ¶9-1000.

District of Columbia Sick and Safe Leave

The District of Columbia’s Accrued Sick and Safe Leave Act of 2008 has been amended to expand the definition of employees to give protection to additional types of workers and clarify those who are excluded, as well as by strengthening anti-retaliation provisions, among other measures (Act 259 (B. 480), L. 2013, enacted January 2, 2014). Full text, State Employment Law Library ¶9-22,450.31—¶9-22,450.45; ¶9-22,450.47—¶9-22,450.49. Summaries, State Employment Law Library ¶9-7000.

Idaho Veterans Preference

The state has amended its veterans preference requirements under the state employee personnel system (S. 1204, L. 2014). Full text, State Employment Law Library ¶13-21,750.04.

Kentucky Unemployment Insurance

For 2014, the rates listed in rate Schedule E are in effect. Rates range from 1.00% to 3.50% for positive-balance employers, and from 7.50% to 10.00% for negative-balance employers under that schedule. The new employer rate for 2014 is 2.7%, except new construction employers will pay 10.00%. Summaries, State Employment Law Library ¶18-1700.

Maine Health Insurance Benefit Coverage

Effective January 1, 2015, health insurance carriers that provide coverage for cancer chemotherapy treatment will be required to provide coverage for prescribed, orally administered anticancer medications used to kill or slow the growth of cancer that is equivalent to the coverage provided for intravenously administered or injected anticancer medications (Ch. 449 (S. 217), L. 2013, enacted February 26, 2014). Summaries, State Employment Law Library ¶20- 4000.

Maryland Unemployment Insurance For the calendar year 2014, rates are determined under Table A, and range from 0.3% to 7.5%. New employers pay 2.6% for 2014, except that new construction employers headquartered in another state pay 7.5%. Summaries, State Employment Law Library ¶21-1700.

Mississippi Health Insurance Benefit Coverage

Effective July 1, 2014, outpatient mental illness coverage must be provided on parity with inpatient and partial hospitalization mental illness coverage (S. 2331, L. 2014). Summaries, State Employment Law Library ¶25-4000.

Mississippi Background Checks

Effective July 1, 2014, no local government shall adopt or maintain in effect any law, ordinance, or rule that creates requirements, regulations, processes or prohibitions that in any way interfere with an employers' ability to become fully informed about the background of an employee for the purpose of creating or maintaining a fair, secure, safe and productive workplace (S. 2689, L. 2014). Summaries, State Employment Law Library ¶25-9000.

Nebraska Veterans Preference

Nebraska Governor Dave Heineman has signed a law giving veterans preference to the spouse of a veteran who has a 100 percent permanent disability as determined by the U.S. Department of Veterans Affairs. The law, L.B. 588, will also require a veteran desiring to use a veterans preference to provide proof of eligibility to a hiring authority, and veterans who apply for a position and are not hired must be notified within 30 days after the position is filled. L.B. 588 will become operative on January 1, 2015. Full text, State Employment Law Library ¶28-21,750.01 and ¶28-21,750.03.

New Hampshire Health Insurance Benefit Coverage

Effective April 21, 2014, no health benefit plan that provides prescription drug benefits and establishes the specific sequence in which prescription drugs for a medical condition are to be prescribed shall require failure on the same medication on more than one occasion for patients continuously enrolled in the plan (Ch. 2 (S. 92), L. 2013, enacted February 20, 2014). Summaries, State Employment Law Library ¶30-4000.

New Jersey Prevailing Wages

New Jersey prevailing wage rules are amended to reflect an increase in the contract threshold amount from $14,187 to $15,444, effective July 1, 2014. The New Jersey Prevailing Wage for Public Works law applies to contracts in excess of the threshold amount, awarded in whole or in part by a municipal public body and to every subcontract pursuant to such contract. It also applies to every contract in excess of $2,000 awarded by a nonmunicipal public body and every subcontract pursuant to such contract. See Rule 12:60-1.4. Full Text, State Employment Law Library ¶31-50,504.

New Mexico Minimum Wage

Effective March 1, 2014, the living wage rate for Santa Fe is $10.66 per hour. Summaries, State Employment Law Library ¶32-1000.

New Mexico Posters

The Santa Fe Living Wage Poster has been added. Summaries, State Employment Law Library ¶32-9900.

New York Unemployment Insurance

For 2014, the size of fund index column in effect remains the column labeled "Less than 0%." Note that effective January 1, 2014, the rate schedule only includes employer’s account percentages information through the row marked “10.5% or more.” The row marked “10.75% through 12.0%” has been deleted. As amended, the range of the normal portion of the rates for the “Less than 0%” column is 1.5% to 8.9%. The range of rates with the normal, subsidiary, and reemployment taxes is 2.1% to 9.9%. The subsidiary tax rate schedule in effect is also the column labeled "Less than 0%." New employers pay a rate of 4.1%, including a subsidiary tax rate of 0.625% and the reemployment tax of 0.075%. Summaries, State Employment Law Library ¶33-1700.

Oregon Child Labor

Law covering alcoholic beverage licensees and relating to persons under the age of 21 is amended (Ch. 11 (H. 4094), L. 2014), effective January 1, 2015. Full Text, State Employment Library ¶38-45,032.

Also, child labor rules are amended to conform the meal period requirement for minor employees to that found in OAR 839-020-0050, which establishes the meal period requirement for adult employees, except that employers would not be able to apply the undue hardship exemption to minor employees. Further, child labor rules are amended to remove references to the Wage and Hour Commission, which was abolished by S. 135, L. 2013. The powers, duties and functions of the Commission were transferred to the Bureau of Labor and Industries, effective January 1, 2014. Administrative Order Nos. BLI 7-2013 and BLI 10-2013, filed December 18, 2013, and certified effective January 1, 2014. Full Text, State Employment Law Library ¶38-45,502 through ¶38-45,552; ¶38- 45,568, ¶38-45,569 and ¶38-45,573. Summaries, State Employment Law Library ¶38-1500. Oregon Health Insurance Benefit Coverage

Oregon has made significant changes to its law relating to health insurance coverage requirements for colorectal cancer screening (Ch. 9 (H. 4085), L. 2014, enacted March 3, 2014). Summaries, State Employment Law Library ¶38- 4000.

Oregon Meal and Rest Periods

Minimum wage, overtime and working condition rules of the Bureau of Labor and Industries are amended to clarify the timing of meal periods and to remove references to the Wage and Hour Commission, which was abolished by Ch. 296 (S. 135), L. 2013, effective January 1, 2014.

For the timing of meal periods, if the work period is seven hours or less, the meal period is to be taken after the conclusion of the second hour worked and completed prior to the commencement of the fifth hour worked. If the work period is more than seven hours, the meal period is to be taken after the conclusion of the third hour and prior to the commencement of the sixth hour worked. Employers are not required to provide meal periods to an employee who works less than six hours. Administrative Order No. BLI 8-2013, filed December 18, 2013, and certified effective January 1, 2014. Full Text, State Employment Law Library ¶38-41,503, ¶38-41,510, ¶38-41,512, ¶38-41,520, ¶38- 41,523 and ¶38-41,549. Summaries, State Employment Law Library ¶38-1400.

Oregon Prevailing Wages

Oregon law covering prevailing wages on public contracts is amended to apply a prevailing wage rate to projects for the Oregon University System. Section 279C.800 is amended by Ch. 203 (H. 2646), L. 2013. Full Text, State Employment Law Library ¶38-50,001.

Procedural rules are amended to implement legislation relating to the prevailing wage law (H. 2646, L. 2013), to clarify fringe benefit contribution requirements. Administrative Order Number BLI 9-2013, filed December 18, 2013, and certified effective January 1, 2014. Full Text, State Employment Law Library ¶38-50,504 through ¶38-50,543.

Also, the rules are amended to provide for the prevailing rate of wage as determined by the Commissioner of the Bureau of Labor and Industries for the period beginning January 1, 2014. Copies of Prevailing Wage Rates for Public Works Contracts in Oregon Effective January 1, 2014, are available on the Bureau of Labor and Industries, Wage and Hour Division, Internet website at http://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx. Administrative Order No. BLI 5-2013, filed December 16, 2013, and certified effective January 1, 2014. Full Text, State Employment Law Library, ¶38-50,545. Oregon Wage Payment

The state’s wage payment and collection law is amended to permit an employer to pay an employee’s wages without discount through direct deposit of wages into the employee’s account in a financial institution unless the employee requested to be paid by check. In addition, the law is amended to permit, under certain conditions, the payment of final wages to a seasonal farmworker by noon on the day after termination of employment. The amendments permit employers to make final payment of wages by direct deposit, unless an employee has requested to be paid by check, and to make payment of wages at termination for seasonal farmworkers at noon on the day following termination if certain conditions are met (Ch. 380 (H. 2683), L. 2013, and (Ch. 347 (S. 677), L. 2013). Full Text, State Employment Law Library ¶38- 46,001 and ¶38-46,006. Summaries, State Employment Law Library, ¶38-1200.

Wage payment rules are amended to implement legislation relating to direct deposit of wages and seasonal farmworker final wages. Administrative Order No. BLI 6-2013, filed December 18, 2013, and certified effective January 1, 2014. Full Text, State Employment Law Library ¶38-46,508 and ¶38-46,509. Summaries, State Employment Law Library, ¶38-1200.

Rhode Island Unemployment Insurance

For 2014, contribution rates for experience-rated employers are determined under Schedule I, and range from 1.69% to 9.79% (not including the 0.51% Job Development Assessment (JDA), which includes the 0.3% interest assessment). The new employer rate for 2014 is 2.85% (not including the JDA). Summaries, State Employment Law Library ¶41-1700.

South Carolina Concealed Carry

The state has amended its concealed carry law to provide that a person may not carry a concealable weapon into a place clearly marked with a sign prohibiting the carrying of a concealable weapon. The law has also been amended to allow a concealable weapon permit holder to secure his or her weapon under a seat in a vehicle or in any open or closed storage compartment in the vehicle (S. 308, L. 2013, enacted February 11, 2014). Summaries, State Employment Law Library ¶42-3300.

South Dakota Maximum Hours

Motor carrier safety regulations are amended. The state adopts federal motor carrier regulations, with certain modifications, as amended through January 1, 2014, including hours of service. Violation is a Class 2 misdemeanor (S. 12, L. 2014, effective July 1, 2014). Full Text, State Employment Law Library ¶43- 44,010. Summaries, State Employment Law Library ¶43-1300. Tennessee Concealed Carry

The state has amended its provisions relating to motor vehicles in or on which a firearm or firearm ammunition may be transported or stored by a handgun carry permit holder (S. 1701, L. 2013, enacted March 6, 2014, and effective May 1, 2014). Summaries, State Employment Law Library ¶44-3300.

Tennessee Employee Misclassification

Under the Tennessee Workers’ Compensation Law, construction services providers are required to carry workers’ compensation insurance on employees and, unless exempt, on themselves. Misclassification of employees as independent contractors to avoid coverage is prohibited under the law. This law is amended to remove obsolete law, to add law creating the employee misclassification education and enforcement fund, and to amend the definitions of “employee” and “employer” (Ch. 282 (S. 1275), L. 2013, effective July 1, 2014; S. 1539, L. 2014, effective March 6, 2014; Ch. 282 (S. 1275) and Ch. 289 (S. 200), Laws 2013, effective July 1, 2014). Full Text, State Employment Law Library ¶44-48,001, ¶44-48,002, ¶44-48,015 and ¶44-48,021.

Texas Unemployment Insurance

Contribution rates in Texas range from 0.51% to 7.41% for 2014. The replenishment ratio is 1.34, the replenishment tax rate is 0.35%, and the obligation assessment ratio is 0.15. In addition, the interest tax rate is 0.0% and the employment training assessment rate is 0.10%. Summaries, State Employment Law Library ¶45-1700.

Virginia Unemployment Insurance

For 2014, the fund balance factor is 50%. There is also a pool cost charge of 0.22% and a fund building charge of 0.20%. For 2014, rates range from 0.52% to 6.62%, including the pool cost and the fund building charges. The new employer rate is 2.92%. In 2014, foreign contractors and delinquent and nonrated employers pay 6.62%. Summaries, State Employment Law Library ¶48- 1700.

Wyoming Unemployment Insurance

For 2014, experience-rated employers pay rates ranging from 0.48% to 10.0%. Note that any delinquent employer is assessed 2.0% plus the assignable basic rate, the total of which may not exceed 10.0%. For 2014, new employers pay the following rates by industry classification: raw materials and energy production, 1.78%; distribution and transportation of goods, 1.34%; information, 1.00%; finance, insurance, real estate, and rental and leasing, 1.00%; professional and business services, 1.29%; education, health, and social assistance, 1.00%; leisure, accommodation, and food services, 1.60%; other services (except public administration), 1.10%; public administration, 1.00%; unclassified employers, 3.09%; construction, 3.53%; and manufacturing, 2.00%. These figures do not include the adjustment factor of 0.198%, the employment support fund tax of 0.132%, and the fund balance adjustment factor of 0.83% for inefficiently and noncharged benefits. Summaries, State Employment Law Library ¶52-1700.