State Employment Law Library Update
May 2012
Alabama Child Labor
Alabama has revised the state’s child labor. The law is amended to clarify terms and
make revisions regarding the display of the child labor certificate, employment
restrictions at adult establishments, employment in the entertainment industry,
enforcement, and penalties for violations.
For restrictions applicable to minors under the age of 16, minors 14 and 15 years of age
would be prohibited from employment in warehouses.
Recordkeeping requirements are amended to require that the employer keep on the
premises where a 19 year old is employed a completed Employee Information Form and
proof of age, as well as time records, in electronic or photostatic form, for the 60 days
preceding the last day of the last work period recorded for each employee under 19 years
of age, which must state the number of hours worked each day, starting and ending times,
and break times. Employers must also maintain, either on the premises where the
employee is employed or at a centralized location, the required records for not less than
one year preceding the last day of the last work period recorded. Employee Information
Forms are to be provided by the department and must include the employee’s name,
home address, telephone number, date of birth, and school of attendance. Employers who
do not use the form must maintain on the premises documents containing the employee’s
name, home address, telephone number, date of birth, date of hire, and school of
attendance for each employee under 19 years of age.
Documentation of proof of age may include a copy of a birth certificate, a copy of a
driver’s license, or an identification card issued by a federal, state or local government
agency provided the card contains the name and date of birth of the employee. Employers
required to obtain a Child Labor Certificate from the department must keep the certificate
posted at a public and conspicuous place at all times. The Department of Labor will be
authorized to assess civil penalties or institute prosecution for violations, $300 for most
fines and $1,000 to $5,000 for certain violations relating to prohibited, hazardous
employments (Act 231 (S. 174), L. 2012, enacted April 24, 2012, and effective July 1,
2012). Full Text, State Employment Law Library ¶1-45,001a, ¶1-45,002, ¶1-45,007, ¶1-
45,013, ¶1-45,021, ¶1-45,028 and ¶1-45,029. Summaries, State Employment Law Library
¶1-1500.
Arizona Background Checks
The state has amended its law relating to the Department of Public Safety’s central state
repository of criminal history records and related criminal justice information (S. 1136,
L. 2012). Full text, State Employment Law Library ¶3-23,600.01.
Arizona Wage Payment
Effective August 2, an employee may, instead of filing a civil action, file a written claim
with the labor department for unpaid wages against an employer if the amount of such
wages does not exceed $5,000 and provided such claim is filed within one year of the
accrual of such claim. Currently, such wage claims can not exceed $2,500 (Ch. 227 (H.B.
2601), L. 2012). Full Text, State Employment Law Library ¶3-46,007. Summaries, State
Employment Law Library ¶3-1200.
California Labor Relations
Under a bill signed into law April 26 by California Governor Jerry Brown, local
governments in California that prohibit, limit or constrain the use of project labor
agreements (PLAs) that include taxpayer protection provisions would lose state funding
or financial assistance for public works projects. The legislation (S.B. 829) is a response
to ordinances passed in several large cities, including San Diego, that attempted to ban
PLAs. The legislation is based on model legislation from the American Legislative
Exchange Council (ALEC). Other major cities, including San Francisco and Los Angeles,
have embraced PLAs.
California’s Public Contract Law allows project labor agreements on public construction
projects if the agreement includes specified taxpayer protection provisions. The law also
provides that if a charter city’s charter provision, initiative or ordinance prohibits the
governing board from considering project labor agreements for projects awarded by the
city or prohibits the governing board from considering whether to allocate funds to a cityfunded project, state funding or financial assistance may not be used to support the
project. New law is added to provide additional stipulations that if the charter provision,
initiative, or ordinance prohibits, limits, or constrains in any way the governing board’s
authority or discretion to adopt, require or use PLAs that include all of the specified
taxpayer provisions for some or all of the construction projects to be awarded by the city,
state funding or financial assistance may not be used to support the construction projects.
The law would have a delayed effective date (January 1, 2015) for charter cities in which
a charter provision, initiative or ordinance is in effect prior to November 1, 2011 (Ch. 11
(S.B. 829), L. 2012, effective January 1, 2012).
Full Text, State Employment Law Library, ¶5-63,109
California Meal and Rest Periods
An employer that successfully defends itself against California Labor Code claims
alleging that it failed to provide employees with rest periods may not recover attorneys’
fees, a unanimous California Supreme Court held, reversing the appellate court’s
judgment on this claim (Kirby v Immoos Fire Protection, Inc, April 30, 2012, Liu, G).
Looking to the relevant statutory language and legislative history, the state high court
concluded that neither Sec. 1194 (a one-way fee-shifting provision) nor Sec. 218.5 (a
two-way fee-shifting provision) authorizes an award of attorneys’ fees to a party that
prevails on a Sec. 226.7 claim. Having concluded that Sec. 226.7 claims do not constitute
“action[s] brought for the nonpayment of wages” within the meaning of Sec. 218.5, the
high court did not consider the employees’ argument that when a suit includes claims
covered by Sec. 1194, the entire suit is shielded from attorneys’ fees under Sec. 218.5.
Summaries, State Employment Law Library ¶5-1400.
California Wage Payment
The Division of Labor Standards Enforcement (DLSE) has updated its Wage Theft
Protection Act “Notice to Employee” form as of April 12, 2012, and May 4, 2012.
The Wage Theft Protection Act of 2011 (Ch. 655 (A. 469), L. 2011, effective January 1,
2012, added Labor Code Section 2810.5, which requires that all employers provide each
employee at the time of hire with a written notice that contains specified information and
must be provided in the language the employer normally uses to communicate
employment-related information to the employee. The section also requires that the Labor
Commissioner make available a template that complies with the notice requirements.
Employers who have previously provided notice to new hires using the older template
would not need to issue a new notice until there is a substantive change in the provided
information. If there are changes to the information provided in the earlier template that
would also impact information required in the newer template, the employer must
provide notice using the updated template information within seven days of the change or
otherwise provide notice of a change in the manner specified in Section 2810.5(b)(1)-(2).
Employers must use the newer template for notice to employees hired after April 12,
2012.
The updated “Notice to Employee” form may be obtained from the DLSE’s Internet
website at http://www.dir.ca.gov/dlse/LC_2810.5_Notice.pdf or
http://www.dir.ca.gov/DLSE/dlse.html. Full Text, State Employment Law Library, 546,109a. Summaries, State Employment Law Library ¶5-1200.
Connecticut Sexual Orientation Discrimination
A trial court did not abuse its discretion in finding an employer liable for allowing an
employee to be subjected to a hostile work environment based on his sexual orientation,
ruled the Connecticut Supreme Court in affirming judgment for the employee (Patino v
Birken Manufacturing Company, officially released May 15, 2012, Rogers, C). In
addition to finding sufficient evidence to support the jury’s finding of a hostile work
environment, the court also ruled that the award of $94,500 in damages was supported by
the evidence and was not excessive. Summaries, State Employment Law Library ¶73100.
Florida Background Checks
Effective July 1, 2012, an investigator for the Florida High School Athletic Association
who meets specified requirements will not be subject to criminal history checks and
fingerprinting (Ch. 2012-188 (H. 1403), L. 2012). Full text, State Employment Law
Library ¶10-23,600.03. Summaries, State Employment Law Library ¶10-9000.
As previously reported, the state has amended provisions of its background checks law
relating to fingerprinting, hiring an employee for the purpose of training prior to
completion of a background screening, and sealing of criminal history records (H. 943, L.
2012). Full text, State Employment Law Library ¶10-23,601.06 and ¶10-23,602.02.
Summaries, State Employment Law Library ¶10-9000.
Florida Workers’ Compensation
Effective July 1, 2012, corporate officers who elect to be exempt from the workers’ comp
law must provide notice of such election to the Department of Financial Services, but that
notice need not be written (Ch. 2012-213 (H. 941), L. 2012). Summaries, State
Employment Law Library ¶10-4300.
Georgia Background Checks
The state has amended its law relating to definitions relative to facility licensing and
employee records checks for personal care homes (Act 617 (H. 1110), L. 2012). Full
text, State Employment Law Library ¶11-23,600.11.
Georgia Workers’ Compensation
Individuals who are parties to a franchise agreement shall not be considered employees
for the purposes of the workers’ comp law (H. 548, L. 2012). Summaries, State
Employment Law Library ¶11-4300.
Hawaii Background Checks
The state has enacted a law relating to adult abuse perpetrator checks for child care
providers (H. 2539, L. 2012). Full text, State Employment Law Library ¶12-23,600.21.
Hawaii Child Support
Upon receipt of a notice for a medical support order or upon request from the responsible
parent, the employer or union must transfer such notice to the appropriate health care
plan within 20 business days after date of the notice or enroll the dependent child as a
beneficiary in the group medical insurance plan and withhold any required premiums
from the responsible parent’s income. An employer that has received a copy of the notice
must inform the agency when the responsible parent’s employment is terminated (H.
2441, L. 2012). Full Text, State Employment Law Library ¶12-47,021. Summaries, State
Employment Law Library ¶12-5500.
Hawaii Labor Relations
Collective bargaining law affecting public employees is amended to clarify the Hawaii
labor relations board's authority to appoint attorneys and paralegals. Authorizes attorneys
employed by the board on a part-time or contract basis to represent the board in litigation,
draft legal documents for the board, and provide other necessary legal services to the
board (Act 49 (S. 2671), L. 2012). Full Text, State Employment Law Library ¶1263,048.
Hawaii New Hire Reporting
Employer new hire reporting requirements now require employers to report to the agency
within 20 days of hire the name, address, social security number, and the date service for
remuneration were first performed for each new employee, along with the employer’s
name, federal identification (FEIN) number, and address (H. 2441, L. 2012). Full Text,
State Employment Law Library ¶12-47,017. Summaries, State Employment Law Library,
¶12-1600.
Indiana Unemployment Insurance
For 2012, the surcharge rate is 8.0%. Applied rates for employers with an account credit
reserve balance range from 0.540% to 4.104%, and penalty rates for employers with an
account credit reserve balance range from 2.620% to 6.184%. Applied rates for
employers with an account debit reserve balance range from 5.292% to 7.992%, and
penalty rates for employers with an account debit reserve balance range from 7.372% to
10.072%. New employers pay a rate of 2.50%, and new governmental employers pay a
rate of 1.60% in 2012. New employers are exempt from the solvency surcharge.
Summaries, State Employment Law Library ¶15-1700.
Iowa Background Checks
The state has amended its background check law with respect to employees of health care
facilities and child care facilities (S. 2164, L. 2012). Full text, State Employment Law
Library ¶16-23,600.11. Summaries, State Employment Law Library ¶16-9000.
Iowa Whistleblower Protection
Effective July 1, 2012, employers are prohibited from taking retaliatory action against
employees who report child abuse (S. 2225, L. 2011). Full Text, State Employment Law
Library ¶16-62,013.
Kansas Fair Employment Practices
As previously reported, the state’s Act Against Discrimination has been amended with
respect to persons with disabilities (H. 2335, L. 2011, enacted March 29, 2012, effective
upon publication in the statute book (usually, July 1st)). Full text, State Employment Law
Library ¶17-20,025.02 and ¶17-20,025.06. Summaries, State Employment Law Library
¶17-2500.
Kentucky Background Checks
The state has amended its background check law with respect to school employees (H.
168, L. 2012). Full text, State Employment Law Library ¶18-23,600.11. Summaries,
State Employment Law Library ¶18-9000.
Kentucky Violence in the Workplace
Reversing summary judgment in favor of a university that fired an employee for having a
firearm in his car, the Kentucky Supreme Court ruled that Kentucky statutes, while
generally allowing employers to control the possession of weapons on their property, had
exceptions for firearms stored in a person’s vehicle glove compartment and for
individuals with conceal carry licenses who store firearms in their vehicles (Mitchell v
University of Kentucky, April 26, 2012, Schroder, W). Another statute forbids employers
from prohibiting a person legally entitled to possess a firearm from possessing one in a
vehicle on the employer’s property and also provides that an employer who fires an
employee for doing so shall be liable in civil damages. Summaries, State Employment
Law Library ¶18-3300.
Maryland Disability
The state’s disability law has been expanded to assure nondiscrimination against service
animal trainers, effective October 1, 2012 (Ch. 305 (S. 804), L. 2012). Summaries, State
Employment Law Library ¶21-2600.
Maryland Employee Misclassification
Failure to properly classify an individual as an employee when an employer-employee
relationship exists is prohibited under the Maryland Workplace Fraud Act. An employeremployee relationship is presumed to exist unless certain criteria are met.
Effective July 1, 2012, this presumption would not apply if an employer produces for
inspection by the commissioner certain documentation, such as a written contract, signed
by the employer and the business entity, that (1) describes the nature of the work to be
performed by the business entity; (2) describes the remuneration to be paid for the work
performed by the business entity; and (3) includes an acknowledgment by the business
entity of the obligation to (a) withhold, report and remit payroll taxes on behalf of
employees working for the business entity, (b) pay unemployment insurance taxes for all
employees working for the business entity, and (c) maintain workers’ compensation
insurance. Employers would also be able to produce the following documentation: (1) an
affidavit signed by the business entity that the business entity is an independent
contractor who is available to work for other business entities; (2) a current certificate of
status of the business entity, issued by the state department of assessments and taxation,
including that the business entity is in good standing; and (3) proof that the business
entity holds all occupational licenses required by state and local authorities for the work
performed. In addition to such forms of documentation, the employer must also provide
to each individual classified as an independent contractor or exempt person a written
notice of the classification of the individual at the time the individual is hired, that
includes an explanation of the implications of the classification as an independent
contractor or exempt person rather than as an employee, provided in both English and
Spanish, per Section 3-914.
The Commissioner of Labor and Industry may require employers to identify and produce
for copying or inspection all records relevant to the classification of each individual, as
well as attest to the truthfulness of each record and to sign the copy of the record, or, at
the option of the employer, submit a written statement about the classification of each
employee on a form provided by the commissioner with any relevant records attached.
Employers who fail to produce records for copying or inspection or any required written
statements within 30 business days such a request, or a mutually agreed upon extension,
would be subject to a fine of $500 per day for each day records are not reproduced (Ch.
206 (S. 272) and by Ch. 207 (H. 1364), Laws 2012).
Full Text, State Employment Law Library ¶21-48,003, ¶21-48,003a, ¶21-48,005, ¶2148,006 and ¶21-48,013.
Maryland Jury Duty and Court Attendance Leaves
Effective October 1, 2012, an employer may not require an individual who is summoned
and appears for jury service for four or more hours, including traveling time, to work an
employment shift that begins (1) on or after 5:00 p.m. on the day of the individual’s
appearance for jury service; or (2) before 3:00 a.m. on the day following the individual’s
appearance for jury service. Further, the employer is prohibited from depriving an
individual of employment or coercing, intimidating, or threatening to discharge the
individual because the individual exercises the right to refrain from work during these
hours (Ch. 121 (H. 353), L. 2012, enacted April 10, 2012, and by Ch. 159 (S. 16), L.
2012, enacted May 2, 2012). Full Text, State Employment Law Library ¶21-59,001.
Summaries, State Employment Law Library ¶21-7100.
Maryland Labor Relations
Effective October 1, 2012, labor organizations and their agents can not be compelled to
disclose certain communications or information received or acquired in confidence from
an employee while the labor organization or agent was acting as a representative
concerning an employee grievance. This protection would not apply in certain situations,
such as where the disclosure is required to prevent a death, injury or to prevent a crime,
to protect financial interests or property, related to certain legal proceedings, when
required by a court order, or when an employee gives oral or written consent (Ch. 304 (S.
797), L. 2012). Full Text, State Employment Law Library ¶21-63,066.
Maryland Social Media Privacy in Employment
On May 2, 2012, Maryland Governor Martin O’Malley signed Ch. 233 (S. 433) and Ch.
234 (H. 964), the nation’s first laws barring employers from demanding that employees
or job applicants disclose their user name or password for accessing social media
accounts. The laws are effective October 1, 2012.
Maryland Wage Payment
Effective June 1, 2012, employers who collect voluntary contributions from employees
through payroll deductions to a campaign finance entity selected by the employer (or
payroll deductions to a campaign finance entity affiliated with an employee membership
entity selected by the employee) will be required to record the address of each contributor
and transfer that information to the campaign finance entity (Ch. 88 (S. 763) and Ch. 89
(H.. 694), Laws 2012). Full Text, State Employment Law Library ¶21-46,027 and ¶2146,028. Summaries, State Employment Law Library ¶21-1200.
Massachusetts AIDS-Based Discrimination
The state has enacted a law to increase routine screening for HIV (S. 2158, L. 2012). Full
text, State Employment Law Library ¶22-22,250.01.
Massachusetts Unemployment Insurance
Pursuant to recently enacted legislation, Schedule E remains in effect in Massachusetts
for calendar year 2012. Rates for positive-balance employers under this schedule range
from 1.26% to 6.14%, and rates for negative-balance employers range from 7.24% to
12.27%. The solvency assessment rate is 1.72% for 2012. New nonconstruction
employers pay 2.83%, and new construction employers pay 9.49% in 2012. The
Workforce Training Fund contribution remains at 0.06% of taxable wages.
For 2012, the health insurance contribution rate has increased to a flat rate of 0.48% for
each subject employer. Previously, the rate had been set at 0.36%. The unemployment
health insurance contribution wage base for 2012 remains at $14,000. Summaries, State
Employment Law Library ¶22-1700.
Michigan Health Insurance Benefits Coverage
The state has enacted a law that will require group insurers and HMOs to provide
coverage for the diagnosis and treatment of autism spectrum disorders. Coverage for
treatment of autism spectrum disorders may be limited to an insured or enrollee through
18 years of age and may be subject to maximum annual benefits (P.A. 100 (S. 415), L.
2012). Summaries, State Employment Law Library ¶23-4000.
Minnesota Military Leave
Minnesota law provides that, in addition to paid military leaves of absence, public
employees are entitled to take unpaid leaves of absence to engage in active service in
time of war or other emergency declared by proper authority in any military or naval
forces of the state or of the United States. This law is extended to also provide for unpaid
leaves of absence during convalescence for an injury or disease incurred during active
military service, provided such leave is properly documented.
Minnesota law is also amended to provide that an employee, former employee, or
prospective employee of the state who is aggrieved by the state’s violation of the federal
Uniformed Services Employment and Reemployment Rights Act may bring a civil action
against the state in federal court or another court of competent jurisdiction for legal or
equitable relief (Ch. 192 (S. 1689), L. 2012). Full Text, State Employment Law Library
¶24-58,004 and ¶24-58,016. Summaries, State Employment Law Library ¶24-7200.
Minnesota Veterans’ Preference
The state has enacted a law providing that a private employer may grant a preference to a
veteran in hiring and promotion. The law also extends a preference to spouses of disabled
or deceased veterans (Ch. 186 (S. 1599), L. 2012). Full text, State Employment Law
Library ¶24-21,801.
The procedure relating to hearings for veterans who are being discharged from
employment has been modified (Ch. 230 (S. 2316), L. 2012). Full text, State
Employment Law Library ¶24-21,750.03.
The state has enacted new law providing for noncompetitive appointment of certain
disabled veterans (Ch. 231 (S. 2354), L. 2012). Full text, State Employment Law Library
¶24-21,450.01.
Also, the law relating to veterans’ preference in public employment has been amended as
follows. The nondisabled veteran’s credit has been increased from five to 10 points, and
the disabled veteran’s credit has been increased from 10 to 15 points (Ch. 192 (S. 1689),
L. 2012). Full text, State Employment Law Library ¶24-21,750.02.
Nebraska Emergency Services Leaves
Nebraska’s Volunteer Emergency Responders Job Protection Act has been amended to
specifically include members of a state emergency response team. Effective July 19,
2012, employers will be prohibited from terminating or taking any other disciplinary
action against an employee who is a member of a state emergency response team if such
employee, when acting or actively deployed as a volunteer emergency responder, is
absent from or reports late to work in order to respond to an emergency. Current law
defines volunteer emergency responders as volunteer firefighters or Nebraska Civil Air
Patrol volunteers (L.B. 1005, L. 2012). Full Text, State Employment Law Library ¶2858,203, ¶28-58,204, ¶28-58,207 and ¶28-58,208.
Nebraska Job Reference Liability
The state has enacted a job reference liability law providing immunity to employers who
in good faith disclose specified employment history information about current or former
employees to prospective employers with the written consent of the employee (L.B. 959,
L. 2011, approved April 10, 2012, and effective July 19, 2012). Full Text, State
Employment Law Library ¶28-64,051a.
Nebraska New Hire Reporting
The Nebraska New Hire Reporting Act is amended to conform to federal law. For
purposes of the New Hire Reporting Act, the term “rehire” is amended to mean the first
day an employee begins employment with the employer following a termination of
employment with the employer. Termination of employment does not include temporary
separations from employment, such as an unpaid medical leave, an unpaid leave of
absence, a temporary layoff of less than 60 days in length, or an absence for disability or
maternity (L.B. 1058, L. 2011, approved April 10, 2012, and operative October 1, 2012).
Full Text, State Employment Law Library ¶28-47,061. Summaries, State Employment
Law Library ¶28-1600.
Nevada Minimum Wage
The minimum wage in Nevada will remain unchanged on July 1. The minimum wage for
employees who receive qualified health benefits from their employers will remain at
$7.25 per hour and the minimum wage for employees who do not receive health benefits
will remain $8.25 per hour (Source: State of Nevada, Department of Business and
Industry, Director’s Office, Press Release, March 31, 2012; State of Nevada, Department
of Business and Industry, Office of the Labor Commissioner, State of Nevada Minimum
Wage 2012 Annual Bulletin, Posted April 1, 2012). Full Text, State Employment Law
Library ¶29-41,001.
Nevada Overtime
Nevada law requires employees to be paid overtime at the rate of one and one half times
an employee’s regular wage rate whenever an employee who is paid less than one and
one-half times the applicable minimum wage rate works more than 40 hours in a
workweek or more than eight hours in a work day, unless exempt. Since the overtime
rate is linked to the state minimum wage, and since the minimum wage is not scheduled
to increase effective July 1, 2012, the overtime rate will remain unchanged July 1 as well.
Employees who receive qualified health benefits from their employers and earn less than
$10.875 per hour and employees earning less than $12.375 per hour who do not receive
qualified health benefits must be paid overtime whenever they work more than eight
hours in a 24-hour period (Source: State of Nevada, Department of Business and
Industry, Director’s Office, Press Release, March 31, 2012; State of Nevada, Department
of Business and Industry, Office of the Labor Commissioner, State of Nevada Daily
Overtime 2012 Annual Bulletin, Posted April 1, 2012). Full Text, State Employment Law
Library ¶29-44,012.
Oklahoma COBRA
Effective November 1, 2012, employees terminated for gross misconduct will not be
eligible for Oklahoma’s 63-day continuation coverage option. For eligible employees, the
insurance carrier must provide written notice of the continuation coverage option within
30 days of receiving notice from the plan sponsor of the employee’s termination of
coverage. The terminated employee has 31 days after receipt of notice to elect coverage.
In addition, Oklahoma has eliminated the requirement that four months of continuation
coverage be offered to terminated employees eligible for the COBRA premium subsidy
created by the American Recovery and Reinvestment Act of 2009. The ARRA subsidy
expired for newly unemployed workers as of May 31, 2010 (H. 2453, L. 2012, signed
April 16, 2012). Summaries, State Employment Law Library ¶37-4200.
Oklahoma Violence in the Workplace
Effective November 1, 2012, the following state agencies shall provide or contract to
provide debriefing and counseling services for state employees who are affected by
violent or traumatic events that occur in the workplace: the Department of Human
Services; the Department of Mental Health and Substance Abuse Services; the
Department of Corrections; the Department of Transportation; and the Office of Juvenile
Affairs (S. 1083, L. 2012). Summaries, State Employment Law Library ¶37-3300.
Oregon Fair Employment Practices
As previously reported, the state now prohibits discrimination in employment against the
unemployed, specifically through job vacancy ads (Ch. 85 (S. 1548), L. 2012, effective
March 27, 2012). Full text, State Employment Law Library ¶38-20,026.03. Summaries,
State Employment Law Library ¶38-2500.
Pennsylvania Unemployment Insurance
For calendar year 2012, the following unemployment compensation solvency measures
are in effect: (1) the additional employer contribution is 0.65%; (2) the surcharge tax is
5.8%; (3) the interest factor tax is 0.20%; and (4) the employee tax is 0.08%. The state
adjustment factor for 2012 remains 1.5%. Rates for experience-rated, nondelinquent
employers will range from 2.4370% to 10.5836% for 2012, and rates for delinquent
employers will range from 5.6110% to 13.7576%. New employers pay the following for
2012: New nonconstruction employers pay 3.7030%, and new construction employers
pay 10.2626%. Summaries, State Employment Law Library ¶39-1700.
Rhode Island New Hire Reporting
Rhode Island employers are required to report new hires and rehires within 14 days of
hiring (If reports are transmitted electronically, twice a month 12-15 days apart).
“Rehire” is redefined to mean the first day for which an employee is owed compensation
by the employer following termination of employment lasting a minimum of 60 days.
Termination does not include temporary separations from employment such as unpaid
leaves of absence or temporary layoffs (Ch. 27 (H. 7510) and by Ch. 44 (S. 2732), Laws
2012). Full Text, State Employment Law Library ¶41-47,012. Summaries, State
Employment Law Library ¶41-1600.
Tennessee Background Checks
Effective July 1, 2012, the state’s Department of Mental Health will become the
Department of Mental Health and Substance Abuse Services (Ch. 575 (S. 2229), L.
2012). Full text, State Employment Law Library ¶44-23,600.11 and ¶44-23,600.52.
Summaries, State Employment Law Library ¶44-9000.
Tennessee Child Labor
Tennessee Governor Bill Haslam signed legislation April 16 to provide that no state or
local government funds may be allocated to the regulation or enforcement of any change
made after December 1, 2011, to the United States Department of Labor's Hazardous
Occupations Orders for Agricultural Employment relating to children (29 CFR Part 57).
The state legislative amendment was made in response to these proposed federal rule
changes affecting children employed in agricultural occupations, particularly to reproposed portions that would impact the current “parental exemption” to the rules (Ch.
757 (H. 2669), L. 2012).
It is important to note that since this legislation passed, the U.S. Department of Labor
withdrew (April 26) its proposed rule dealing with minors working in the agricultural
industries; The rule had drawn intense criticism in recent months. Full Text, State
Employment Law Library ¶44-45,039. Summaries, State Employment Law Library, ¶441500.
Tennessee Employment Verification
The Tennessee Lawful Employment Act is amended to revise language, deleting
reference to the “United States department of revenue” under the definition of “Tax
form,” and replacing it with United States internal revenue service.” (Ch. 736 (H. 2467),
L. 2012, effective July 1, 2012). Full Text, State Employment Law Library ¶44-49,006
and ¶44-24,050.22.
Tennessee Labor Relations
Tennessee’s Right to Work law provides that an employee has a right to work, regardless
of union or non-union affiliation. A new statute is added that expands on this law by
provide that it is the public policy of the state that employees have a right to (1)
employment without regard to a person's refusal to join or affiliate with, or decision to
withdraw from or cease membership in, any labor union or employee organization; (2) be
employed free from restraints of any contract, combination or agreement, written or oral,
that provides for exclusion from employment due to the person's refusal to join or
affiliate with, or decision to withdraw from or cease membership in, any labor union or
employee organization; (3) be employed without regard to a person's refusal to pay dues,
fees, assessments or other charges to any labor union or employee organization; and (4)
decertify a union or other bargaining representative upon compliance with the applicable
provisions of federal law. Private employers may post notice of these rights at locations
where notices are normally posted in the workplace, informing employees of their rights,
or may physically disseminate the notice to employees if no normal location for posting
exists. The Commissioner of Labor and Workforce Development has authority to enforce
the law and is to create a model notice that private employers may use for posting (Ch.
826 (S. 2821), Laws 2011). Full Text, State Employment Law Library ¶44-63,005b.
Tennessee Meal and Rest Periods
Effective May 17, 2012, at the discretion of an employer, an employee who is principally
employed in the service of food or beverages to customers and who, in the course of such
employment, receives tips and reports the tips to the employer, may waive the employee's
right to a 30-minute unpaid meal break. To waive the break, an employee must submit a
waiver request to the employer in writing on a form established by the employer. For the
waiver to be effective, the employee must submit the request knowingly and voluntarily,
and the employer and employee must both consent to the waiver. Employers that intend
to enter into such waiver agreements must establish a written policy, which must be
posted in a conspicuous place in the workplace. An employer or employee may rescind a
waiver agreement after providing notice to the other party. Such notice must be provided
at least seven calendar days prior to the date that the waiver will no longer be in effect.
Employers are prohibited from coercing an employee into waiving a meal break (Ch. 760
(S. 2625), L. 2012). Full Text, State Employment Law Library ¶44-44,201. Summaries,
State Employment Law Library ¶44-1400.
Tennessee Military Leave
Private and public employees who are members of the Tennessee army and air national
guard on active state duty or the Tennessee state guard and civil air patrol are entitled to
take an unpaid leave of absence from their respective duties, without loss of time, pay not
specifically related to leave of absence time, regular leave or vacation or impairment of
efficiency rating for all periods of service during which under competent orders they are
engaged in the performance of duty or training in the service of this state, including the
performance of duties in an emergency (Ch. 803 (H. 2295), L. 2012). Full Text, State
Employment Law Library ¶44-58,010a. Summaries, State Employment Law Library ¶447200.
Tennessee Veterans’ Preference
The Tennessee Excellence, Accountability, and Management (“T.E.A.M.”) Act of 2012
amends the state’s veterans’ preference provisions (Ch. 800 (H. 2384), L. 2012). Full
text, State Employment Law Library ¶44-21,750.01.
Utah New Hire Reporting
New hire reporting requirements have been amended to require employers to also submit
the employee’s date of hire or rehire, along with the employee’s name, address, and
social security number, and the employer’s name and address and federal tax
identification (FEIN) number to the Department of Workforce Services, not later than 20
days after the date of hire or rehire (12-16 days, if approved to send the information on a
semimonthly basis). Reporting requirements do not apply if the employer has employees
in two or more states, sends the required information to a state other than Utah, and
complies with the multistate employer reporting requirements of Section 453A of the
Social Security Act, 42 U.S.C. 653a (H. 22, L. 2012, effective July 1, 2012). Full Text,
State Employment Law Library ¶46-47,015 and ¶46-47,017.
Virginia Background Checks
As previously reported, the state has amended its law relating to barrier crimes, adding
extortion and felony violations of protective orders as barriers to employment at nursing
homes and other specified health care facilities (Ch. 383 (H. 971), L. 2012). Full text,
State Employment Law Library ¶49-23,600.21, ¶49-23,600.25, ¶49-23,600.45, and ¶4923,600.52. Summaries, State Employment Law Library ¶48-9000.
Virginia Health Insurance Benefits Coverage
Pursuant to H. 1273, L. 2012, group insurers and HMOs whose policies, contracts, or
plans include coverage for cancer chemotherapy drugs administered orally and
intravenously or by injection shall provide that the criteria for establishing cost sharing
applicable to orally administered cancer chemotherapy drugs and cancer chemotherapy
drugs that are administered intravenously or by injection shall be consistently applied
within the same plan. Summaries, State Employment Law Library ¶48-4000.
Virginia Violence in the Workplace
Virginia law does not prohibit a locality from adopting workplace rules relating to terms
and conditions of employment of the workforce. The state has enacted a law providing,
however, that no locality shall adopt any workplace rule, other than for the purposes of a
community services board or behavioral health authority, that prevents an employee of
that locality from storing at that locality's workplace a lawfully possessed firearm and
ammunition in a locked private motor vehicle (H. 375, L. 2012). Summaries, State
Employment Law Library ¶48-3300.
Washington Background Checks
The state has amended its law relating to access to criminal history record information (S.
6296, L. 2012). Full text, State Employment Law Library ¶50-23,600.331.
Washington Prevailing Wage
Contractors and subcontractors on a public works project are required to submit to the
officer charged with disbursement of public funds on any such project an “Affidavit of
Wages Paid” before the funds retained are released to the contractor.
This law is amended effective June 7 to provide that if a subcontractor working on a
public works project fails to submit an “affidavit of wages paid” form, the contractor or
subcontractor the subcontractor has a contractual relationship with on the project may file
the forms on behalf of the nonresponsive subcontractor. Affidavit forms may only be
filed on behalf of a nonresponsive subcontractor who has ceased operations or failed to
file as required. Filings made on the subcontractor’s behalf may not be accepted sooner
than 31 days after the acceptance date of the public works project and the contractor
filing the affidavit must accept responsibility to pay the prevailing wages unpaid by the
subcontractor on the project. Intentionally filing a false affidavit on behalf of a
subcontractor subjects the filer to the same penalties as provided under Section
39.12.050. Each affidavit of wages must be certified by the industrial statistician of the
department of labor and industries before it is submitted to the disbursing officer (Ch.
129 (S. 6421), L. 2012). Full Text, State Employment Law Library ¶50-50,008.
West Virginia Health Insurance Benefit Coverage
The state has amended its law relating to insurance coverage for autism spectrum
disorders. Evaluation of autism spectrum disorders has been added to included coverage.
Also, the following have been clarified: diagnosis, evaluation and treatment
requirements, and reporting requirements (H. 4260, L. 2012). Summaries, State
Employment Law Library ¶50-4000.
Wisconsin Fair Employment Practices
As previously reported, the state has enacted a law eliminating the awarding of
compensatory and punitive damages to persons who have been discriminated against in
employment or subjected to unfair honesty or genetic testing (Act 219 (S. 202), L. 2011,
enacted April 5, 2012). Full text, State Employment Law Library ¶52-20,025.39 and ¶5220,025.397. Summaries, State Employment Law Library ¶51-2500.
Wisconsin Polygraph Testing
Wisconsin Governor Scott Walker signed legislation April 5 preventing victims of
employment discrimination from collecting compensatory and punitive damages for acts
of employment discrimination or unfair honesty testing or genetic testing. The law had
previously allowed prevailing employees in discrimination lawsuits to collect between
$50,000 and $300,000 in compensatory and punitive damages. Under the new law,
however, no damages would be awarded for such suits. The law does allow the state’s
Department of Workforce Development to award an employee back pay, costs and
attorney’s fees (Act 219 (S. 202), L. 2011, effective April 20, 2012). Full Text, State
Employment Law Library ¶52-56,006 and ¶52-56,008.
Wyoming Garnishment
An interest in a non-assignable pension, retirement plan, or annuity payable by a private
corporation or payable to any city, town, or county employee who is not covered by the
state retirement system is exempt from garnishment. Also exempt are retirement and
annuity funds, to the extent payments are made to the fund while solvent, if the fund's
earnings are protected from federal income tax or are subject to deferral of federal
income tax or are not subject to federal income tax upon withdrawal.
Effective July 1, 2012, exempt retirement and annuity funds will include individual
retirement accounts (IRAs), Roth individual retirement accounts (Roth IRAs) and
simplified employee pension individual retirement accounts (SEP IRAs) (Ch. 69 (S. 24),
L. 2012). Full Text, State Employment Law Library ¶53-46,045 and ¶53-46,046.