State Employment Law Library Update
April 2013
Alabama Unemployment Insurance
Since the trust fund balance was less than 70% of the desired level at the end of 2012,
Schedule D of the tax table will continue to apply in calendar year 2013. Rates in that
schedule range from 0.59% to 6.74%, reflecting the downward adjustment to
accommodate the 0.06% employment security administrative (ESA) assessment. In
addition, the Shared Cost Assessment for 2013 will decrease to 0.5%. New employers
will pay 2.7% this year. Summaries, State Employment Law Library ¶1-1700.
Arizona Background Checks
The state has enacted a provision allowing expired fingerprint clearance cards to be
used under certain circumstances (Ch. 7 (H. 2317), L. 2013). Full text, State
Employment Law Library ¶3-23,621.01. Summaries, State Employment Law Library ¶39000.
Arizona Disability Law
Arizona has amended its service animal law to include miniature horses in addition to
dogs. The law has also been clarified as to the types of work or tasks service animals
perform (Ch. 59 (H. 2401), L. 2013). Summaries, State Employment Law Library ¶32600.
Arizona Health Insurance Benefit Coverage
Effective January 1, 2015, group health insurers will be required to provide coverage
for health care services that are provided through telemedicine if the service would
be covered were it provided through in-person consultation between patient and
provider, and provided to a patient receiving the service in a rural region (Ch. 70 (S.
1353), L. 2013). Summaries, State Employment Law Library ¶3-4000.
Arkansas Background Checks
The state has amended its laws governing background checks for health care service
providers (Act 990 (H. 1691), L. 2013), and for positions involving direct contact with
children, the mentally ill, and those with developmental disabilities (Act 993 (H.
1784), L. 2013). Summaries, State Employment Law Library ¶4-9000.
The state has also amended its laws relating to background checks for educators,
fiscal officers, nonlicensed school district staff and student teachers (Act 455 (S. 457),
L. 2013). Full text, State Employment Law Library ¶4-23,600.02—¶4-23,600.08).
Summaries, State Employment Law Library ¶4-9000.
In addition, the state will allow criminal history checks and Child Maltreatment
Central Registry checks of volunteers in public education (Act 575 (H. 1686), L. 2013).
Full text, State Employment Law Library ¶4-23,600.83.
Arkansas Disability Law
The state has amended its law concerning information technology access for the blind
or visually impaired. Specifically, the procurement requirements for nonvisual access
technology have been amended (Act 308 (S. 440), L. 2013). Summaries, State
Employment Law Library ¶4-2600.
Arkansas Health Insurance Benefit Coverage
The state has enacted a law expanding health insurance coverage for testing of
newborn infants for genetic disorders (Act 428 (S. 423), L. 2013). Summaries, State
Employment Law Library ¶4-4000.
Arkansas Minimum Wage
The state minimum wage law has been amended to exempt individuals employed by
an organized camp or religious or nonprofit educational conference center if (1) the
organized camp or nonprofit educational conference center does not operate for more
than seven months in a calendar year or (2) during the preceding calendar year, the
average receipts for any six-month period were not more than 33 1/3% of the average
receipts for the other six months of the year. Application of the exemption is
retroactive to January 1, 2006 (Act 457 (S. 533), L. 2013, effective March 21, 2013).
Full text, State Employment Law Library ¶4-41,003. Summaries, State Employment
Law Library ¶4-1000.
Arkansas Social Media Privacy
Arkansas has enacted a law (Act 998 (H. 1902), L. 2013) to prohibit an institution of
higher education from requiring or requesting a current or prospective employee or
student from disclosing his or her username or password for a social media account,
or to provide access to the content of his or her social media account.
An institution of higher education cannot fail or refuse to admit or hire a prospective
employee or student for exercising his or her rights under the new law.
Arkansas session laws generally take effect 90 days after the legislature adjourns.
Arkansas Smoking in the Workplace
The state has enacted a law to ensure that smoking is prohibited in and on the
grounds of all medical facilities (Act 975 (H. 1405), L. 2013). Summaries, State
Employment Law Library ¶4-2700.
Arkansas Veterans’ Preference
The state has enacted laws extending veterans’ preference in hiring to school districts
and ensuring that veterans are provided with relevant documents (Act 444 (H. 1517)
and Act 474 (H. 1518), L. 2013). Full text, State Employment Law Library ¶421,750.02 and ¶4-21,750.03.
Additionally, Arkansas has enacted a law permitting a private employer or a local
government employer to have a voluntary veterans’ preference employment policy
(Act 598 (H. 1575), L. 2013). Full text, State Employment Law Library ¶4-21,800.01—
¶4-21,800.05.
Colorado Civil Unions
The Colorado Civil Union Act (S. 11, L. 2013) was signed into law on March 21, 2013.
The Act is located in Title 14, Article 15 of the Colorado Revised Statutes. Effective
May 1, 2013, civil unions will be authorized in the state. A civil union means a
relationship established by two eligible persons that entitles them to receive the
benefits and protections and be subject to the responsibilities of spouses. A party to a
civil union is included in any definition or use of the terms “dependent”, “family”,
“heir”, “immediate family”, “next of kin”, “spouse”, and any other term that
denotes the familial or spousal relationship, as those terms are used throughout the
Colorado Revised Statutes. Rights, benefits, protections, duties, obligations,
responsibilities, and other incidents under law as are granted to or imposed upon
spouses, that apply in like manner to parties to a civil union, include, but are not
limited to, the following: family leave; workers’ comp; unemployment insurance; and
health insurance. Civil union partners will also be protected by the state’s
employment discrimination laws. Summaries, State Employment Law Library ¶6-1700;
¶6-2500; ¶6-3100; ¶6-3200; ¶6-4000; ¶6-4300; and ¶6-7000.
Colorado Veterans’ Preference
The state has enacted a law that extends the veterans’ preference in state hiring to
the spouse of a veteran if the veteran is unable to work due to a military serviceconnected disability. The spouse must provide a letter from the U.S. Department of
Veterans Affairs certifying that the veteran is disabled and unable to work. The law
applies to candidates applying for state employment on or after March 8, 2013 (H.
1008, L. 2013, enacted March 8, 2013). Full text, State Employment Law Library ¶621,750.01.
District of Columbia Unemployment Insurance
Table V remains in effect for 2013 in the District of Columbia. Positive-balance
employers pay rates ranging from 1.6% to 4.2%, and negative-balance employers pay
rates ranging from 5.8% to 7.0%. New employers continue to pay 2.7%. The
administrative assessment of 0.2% is also in effect this year. Summaries, State
Employment Law Library ¶9-1700.
Idaho Violence in the Workplace
The state’s concealed carry law has been amended to provide that a concealed carry
license is not required to carry a lawfully possessed knife, cleaver or other instrument
primarily used in the processing, preparation or eating of food, any knife with a blade
four inches or less or any lawfully possessed taser, stun gun or pepper spray (H. 223,
L. 2013). Summaries, State Employment Law Library ¶13-3300.
Idaho Veterans’ Preference
Definitions under the state’s public employment veterans’ preference law have been
amended (S. 1045, L. 2013, enacted April 29, 2013, and effective July 1, 2013). Full
text, State Employment Law Library ¶13-21,750.02 and ¶13-58,008.
Idaho Workers’ Compensation
The state’s workers’ compensation law has been amended with respect to coverage of
work experience students (H. 82, L. 2013). Summaries, State Employment Law Library
¶13-4300.
Indiana Child Labor
An exemption has been added to Indiana’s child labor requirements to allow a child
who is at least 12 years of age to be employed as a youth athletic program referee,
umpire, or official. Such youth will not be required to obtain an employment
certificate for such work.
The bill requires such youth to be certified by a national certification program, and
limits the child to serving as a referee, umpire or official for an age bracket younger
than the child’s own age.
In addition, one of the following requirements must be met: (1) the child must work
with a person who is at least 18 years of age and also working as a referee, umpire or
official at the same event the child is working, and must have on file the original or a
copy of a written consent signed by the child’s parent or guardian; or (2) the child’s
parent or guardian must be present at the athletic event (P. L. 41 (S. 153), L. 2013,
effective April 9, 2013). Full text, State Employment Law Library ¶15-45,006, ¶1545,032 and ¶15-45,032a. Summaries, State Employment Law Library ¶15-1500.
Indiana Employment Verification/Immigration
Indiana law prohibits a state agency or political subdivision from entering into a
public contract for services with a contractor unless the contract contains (1) a
provision requiring the contractor to enroll in and verify the work eligibility status of
all newly hired employees of the contractor through the E-Verify program and (2) a
provision that the contractor is not required to verify the work eligibility status of all
newly hired employees through E-Verify if the program no longer exists and the
contractor has signed an affidavit affirming that the contractor does not knowingly
employ an unauthorized alien.
This law is amended effective July 1 to clarify that “public contract for services”
means any type of a “written” agreement between a state agency or political
subdivision and a contractor for the procurement of services (P. L. 28 (S. 175), L.
2013, enacted April 8, 2013). Full text, State Employment Law Library ¶15-49,006.
Summaries, State Employment Law Library ¶15-9000.
Kansas Labor Relations
Effective July 1, 2013, public employee organizations and professional employees’
organizations (educational employees) are prohibited from using dues, fees, money or
other assessments deducted from a member’s paycheck for the purpose of engaging in
partisan or political purposes that are done with the intent to influence a person,
directly or indirectly, from voting or to vote for or against any candidate for public
office at any caucus, political convention, primary or election (H. 2022, L. 2013,
enacted April 1, 2013). Full text, State Employment Law ¶17-63,098 and ¶17-63,103.
Kansas Wage Payment
Effective July 1, 2013, an employer may withhold, deduct or divert from an
employee’s wages, pursuant to a written, signed agreement, any amount to allow the
employee to repay a loan or advance; to allow for recovery of a payroll overpayment;
or to compensate the employer for the replacement cost or unpaid balance of the
cost of the employer’s merchandise or uniforms purchased by the employee.
Upon providing a written notice and explanation, the employer may withhold, deduct
or divert an amount from the employee’s final wages (1) to recover the employer’s
property provided to the employee in the course of business, such as tools of the
trade, keys, computers or other property, until the items have been returned; (2) to
allow an employee to repay a loan or advance; (3) to allow for the recovery of a
payroll overpayment; or (4) to compensate the employer for the replacement cost or
unpaid balance of the cost of the employer’s merchandise, uniforms, company
property, equipment, tools of the trade or other materials intentionally purchased by
the employee. Such amounts withheld cannot reduce wages paid to below the
applicable required state or federal minimum wage (H. 2022, L. 2013, enacted April
1, 2013). Full text, State Employment Law Library ¶17-46,009. Summaries, State
Employment Law Library ¶17-1200.
Kentucky Religious Discrimination
The state has amended its construction-of-law provisions as follows. Government shall
not substantially burden a person's freedom of religion. The right to act or refuse to
act in a manner motivated by a sincerely held religious belief may not be substantially
burdened unless the government proves by clear and convincing evidence that it has a
compelling governmental interest in infringing the specific act or refusal to act and
has used the least restrictive means to further that interest. For purposes of this
provision, a “burden” shall include indirect burdens such as withholding benefits,
assessing penalties, or an exclusion from programs or access to facilities (H. 279, L.
2013). Full text, State Employment Law Library ¶18-20,350.01. Summaries, State
Employment Law Library ¶18-2900.
Maine Minimum Wage
The law providing for the labor director to issue a special certificate for a learner or
apprentice under an approved training program to be paid less than the minimum
wage has been repealed to correct an inconsistency in Maine’s apprenticeship laws.
The Maine Apprenticeship Program, enacted by Ch. 491 (H. 1327; L. D. 1800), L. 2012,
provides for payment of wages to apprentices, namely at 26 MRSA Section 3203,
paragraph E (Ch. 5 (H. 85; L.D. 103), L. 2013, enacted March 20, 2013, and effective
90 days after adjournment (statutory adjournment is scheduled for June 19, 2013)).
Full text, State Employment Law Library ¶20-41,007. Summaries, State Employment
Law Library ¶20-1000.
Maine Whistleblower Protection
Although the section of Maine’s Whistleblower’s Protection Act (WPA) relied on by a
nurse protects participation in a deposition, not necessarily the testimony itself, the
Maine Supreme Judicial Court found triable issues on whether she was fired because
of her participation rather than the charting error revealed by her testimony (Trott v
H.D. Goodall Hospital, March 21, 2013, Levy, J). Significant facts on the issue of
pretext included the nurse’s prior performance reviews, administrators saying they
knew she did not enter the wrong medical information on purpose, and the
termination letter, which indicated an effort to “beef up the charge” against her.
Summaries, State Employment Law Library ¶20-3600.
Maryland Background Checks
The state has amended its law relating to background checks for child care workers,
effective January 1, 2014 (Ch. 49 (S. 413) and Ch. 50 (H. 443), L. 2013). Summaries,
State Employment Law Library ¶21-9000.
Maryland Overtime
Effective October 1, 2013, airline employees who trade workshifts will be exempt
from the state’s overtime requirements.
Unless there is a collective bargaining agreement that provides otherwise, employees
of employers subject to Title II of the federal Railway Labor Act are exempt from
state overtime requirements of compensation at one and one-half times the
employee’s usual hourly pay for overtime hours worked if (1) the employer does not
require the employee to work more than 40 hours during one workweek and (2) the
employee voluntarily enters into an agreement with another employee to trade
scheduled work hours, and as a result works more than 40 hours during a single
workweek (Ch. 46 (S.B. 405), L. 2013, enacted April 9, 2013). Full text, State
Employment Law Library ¶21-44,001a. Summaries, State Employment Law Library ¶211100.
Massachusetts Wage Payment
A city’s failure to pay a discharged employee for accrued, unused vacation time that
he was owed at the time of his termination could not be mitigated by gratuitous
after-the-fact salary payments that amounted to more than he was owed in vacation
pay, the Massachusetts Supreme Judicial Court ruled (Dixon v City of Malden, March
4, 2013, Ireland, R). Reversing a lower court’s determination that because the
employee “came away with more from the City than he was owed,” he was not
damaged by its treatment of him at termination, the appeals court found that the
employee was entitled to recover his vacation pay in addition to costs and attorney’s
fees. The court, however, rejected the employee’s claim for treble damages.
Summaries, State Employment Law Library ¶22-1200.
Mississippi Child Support Enforcement
Income withholding requirements have been amended to remove the requirement
that the Department of Human Services file each individual administrative income
withholding notice with the court (S. 2210, L. 2013, enacted March 18, 2013, and
effective July 1, 2013). Full text, State Employment Law Library ¶25-47,002 and ¶2547,003. Summaries, State Employment Law Library ¶25-5500.
Mississippi Health Insurance Benefit Coverage
Effective July 1, 2013, all health insurance plans in Mississippi will be required to
provide coverage for telemedicine services to the same extent that the services would
be covered if they were provided through in-person consultation (S. 2209, L. 2013).
Summaries, State Employment Law Library ¶25-4000.
Mississippi Minimum Wage
Mississippi Governor Phil Bryant signed legislation on March 25 to prohibit local
governments from imposing mandatory “living wage” requirements or mandatory
vacation or sick days on the private sector. The state legislature deemed the measure
necessary to ensure that the economic climate was conducive to new business
development and job growth in the state.
House Bill 141, which takes effect on July 1, prohibits any county, board of
supervisors of a county, municipality or governing authority of a municipality from
establishing a mandatory, minimum living wage rate, minimum number of vacation or
sick days, whether paid or unpaid, that would regulate how a private employer pays
its employees.
Mississippi does not have a state minimum wage, but rather employers and employees
are subject to federal requirements.
While not endorsing a state minimum wage, the legislature believes matters of
minimum wage or minimum benefit packages should be kept at the state level and be
assigned to the state legislature, and not local counties or municipalities.
The measure would not impact local government authority to grant tax exemptions
authorized by state law. Full text, State Employment Law Library ¶25-41,001.
Summaries, State Employment Law Library ¶25-1000.
Mississippi Unemployment Insurance
For 2013, the general experience rate is 0.23%, and the Workforce Enhancement
Training Fund rate is 0.22%. The total new employer rate is 1.15%, and experience
rates range from 0.45% to 5.4%. Summaries, State Employment Law Library ¶25-1700.
Montana Disability Law
References in the statutes to “mental retardation” have been changed to
“intellectual disability” (H. 123, L. 2013). Full text, State Employment Law Library
¶27-21,950.03. Summaries, State Employment Law Library ¶27-2600.
Montana Health Insurance Benefit Coverage
The state has enacted a law clarifying that issuers of health insurance coverage may
not deny routine patient costs for individuals in an approved clinical trial (S. 55, L.
2013).
Effective January 1, 2014, group insurers will be required to cover health care
services provided via telemedicine (S. 270, L. 2013).
Also, references in the statutes to “mental retardation” have been changed to
“intellectual disability” (H. 123, L. 2013).
Summaries, State Employment Law Library ¶27-4000.
Montana Overtime
Effective October 1, 2013, certain computer professionals will be exempt from the
state’s overtime requirements. A computer systems analyst, computer programmer,
software engineer, network administrator, or other similarly skilled computer
employee who earns not less than $27.63 per hour, pursuant to federal regulations 29
CFR 541.400 or 541.402, would be exempt (Ch. 150 (H. 226), L. 2013, enacted April 5,
2013). Full text, State Employment Law Library ¶27-44,005. Summaries, State
Employment Law Library ¶27-1100.
New Jersey Background Checks
The Casino Control Act has been amended with respect to fingerprinting of certain
workers (A. 2578, L. 2012, enacted February 26, 2013). Full text, State Employment
Law Library ¶31-23,601.37.
New Mexico Disability Law
The state has enacted a law renaming “The Assistance Animal Act” as “The Service
Animal Act”. The Service Animal Act has been amended to provide for qualified
service dogs and qualified service miniature horses. A new provision has been enacted
to prohibit a person from knowingly presenting as a qualified service animal any
animal other than a qualified service animal (S. 320, L. 2013). Summaries, State
Employment Law Library ¶32-2600.
New Mexico Equal Pay
The Fair Pay for Women Act will prohibit wage discrimination based on an employee’s
sex and will also prohibit retaliation for asserting a claim under the Act (Ch. 12 (H.
216), L. 2013, enacted March 14, 2013, and effective June 14, 2013). Full text, State
Employment Law Library ¶32-42,001 through ¶32-42,006. Summaries, State
Employment Law Library ¶32-2500.
New Mexico Health Insurance Benefit Coverage
The New Mexico Insurance Code and the state’s HMO law have been amended to
require that provision of covered benefits be allowed through telemedicine services
(S. 69, L. 2013).
The state has expanded its autism coverage. Effective January 1, 2015, group health
coverage issued under the Health Care Purchasing Act (HCPA) will be required to
cover the diagnosis and treatment of autism spectrum disorders. The HCPA covers
school employees, state and local employees, and certain retirees (H. 22, L. 2013;
State of New Mexico Office of the Governor News Release, April 5, 2013).
Additionally, the state has enacted changes with respect to prescription drug
coverage. Affected areas include formulary changes and prior authorization protocols
(S. 156 and S. 296, L. 2013).
Summaries, State Employment Law Library ¶32-4000.
New Mexico Minimum Wage
The New Mexico Minimum Wage Act has been amended to provide that civil actions
and appeals brought to collect unpaid or underpaid wages shall be heard by the court
at the earliest possible date and shall be entitled to a preference over all other civil
actions, to the same extent as civil actions to collect unemployment contributions
(Ch. 182 (H. 443), L. 2013, enacted April 4, 2013, and effective June 14, 2013). Full
text, State Employment Law Library ¶32-41,008. Summaries, State Employment Law
Library ¶32-1000.
New Mexico Overtime
Effective July 1, 2013, airline employees who trade work shifts will be exempt from
coverage under the state’s overtime requirements.
Airlines subject to Subchapter II of the federal Railway Labor Act will be exempt from
the overtime requirement of paying employees one and one-half times the
employee’s hourly rate of pay for each hour worked over 40 in a workweek of seven
days in which the airline has not required overtime hours and employees have
voluntarily traded scheduled work shifts. Such arrangements for trading work shifts
must (1) be made in writing; (2) be signed by the employees involved in the
agreement; (3) not require an employee to work more than (a) 13 consecutive days,
(b) 16 hours in a single workday, (c) 60 hours within a single workweek or (d) can be
required as provided in a collective bargaining agreement to which the employee is
subject. This exemption will be repealed July 1, 2015 (Ch. 216 (S. 352), L. 2013,
enacted April 5, 2013). Full text, State Employment Law Library ¶32-44,003.
Summaries, State Employment Law Library ¶32-1100.
New Mexico Social Media Privacy
New Mexico has joined the growing list of states enacting social media privacy laws.
Governor Susana Martinez signed S. 371 on April 5. The law, which will take effect
June 14, 2013, will make it illegal for an employer to request or require a prospective
employee to provide a password in order to gain access to the prospective employee's
account or profile on a social networking website, or to demand access in any manner
to a prospective employee's account or profile on a social networking website.
Employers will not be prevented from: (1) having workplace policies on internet use,
social networking site use and email use; (2) monitoring use of the employer’s
equipment; or (3) obtaining information about a prospective employee that is in the
public domain.
The law will not apply to federal, state or local law enforcement agencies, and will
not prohibit federal, state or local government agencies or departments from
conducting background checks as required by law.
New York Fair Employment Practices
Overriding a veto by Mayor Michael Bloomberg, legislation preventing employers in
New York City from discriminating against unemployed job applicants was enacted on
March 13, 2013. Specifically, the measure bars employers in the city from making
decisions about hiring, compensation, or terms and conditions of employment based
on an applicant’s unemployment status.
The law will take effect June 11, 2013, making New York the fourth locale to ban
discrimination against the unemployed. However, unlike measures passed in New
Jersey, Oregon, and Washington, D.C., the New York City legislation also entitles
victims of unemployment-based discrimination to sue for damages (Int 0814-2012).
Full text, State Employment Law Library ¶33-20,027.02 and ¶33-20,027.07.
Summaries, State Employment Law Library ¶33-2500.
New York Minimum Wage
The 2013-2014 state budget includes a series of step increases to the state minimum
wage that will increase the minimum wage to $9.00 per hour by 2015. The minimum
wage will first increase to $8.00 per hour on and after December 31, 2013. The
minimum wage is scheduled to increase again, to $8.75 per hour, effective on and
after December 31, 2014; and finally to $9.00 per hour, effective on and after
December 31, 2015. The law provides that if a higher rate is established under federal
law, then the federal rate will apply (New York Labor Law, Sec. 652, as amended by
Ch. 57 (S. 2607-D/A. 3007-D), enacted March 29, 2013, as part of the 2013-14 Budget
(Part P)).
In addition, a modification in the hourly cash wage or meal and lodging credits, as
applies to food service workers and to service employees, that would otherwise be
based on these increases in the hourly minimum wage, shall be made by a wage order
of the commissioner of labor. The maximum tip credit in such wage order is to be
modified so that such credit, when combined with the cash wage, will be equal to the
applicable state minimum wage (New York Labor Law, Sec. 652, as amended by Ch.
57 (S. 2607-D/A. 3007-D), enacted March 29, 2013, as part of the 2013-14 Budget
(Part P)). Full text, State Employment Law Library ¶33-41,003. Summaries, State
Employment Law Library ¶33-1000.
North Dakota Agency News
Effective August 1, 2013, the North Dakota Department of Labor will be renamed the
Department of Labor and Human Rights (H. 1369, L. 2013, enacted April 1, 2013).
North Dakota Emergency Services Leave
The law protecting emergency responders has been amended. The law prohibits an
employer from terminating or demoting an employee, or in any way discriminating
against the employee in terms and conditions of employment, because the employee
is absent or tardy from employment due to serving as a volunteer emergency
responder in response to a disaster or emergency. This law currently would not apply
if the employee in serving as a volunteer emergency responder is absent or tardy from
employment for a period that exceeds 20 regular working days in a calendar year.
This law has been amended, effective August 1, 2013, to make an exception to this
limit for involuntarily activated North Dakota National Guard members (S. 2062, L.
2013, enacted March 21, 2013). Full text, State Employment Law Library ¶35-58,206.
Summaries, State Employment Law Library ¶35-7200.
North Dakota Veterans’ Preference
The state has enacted a law relating to private employment veterans’ preference. A
private, nonpublic employer in North Dakota may provide a preference to a veteran
for employment. Spouses of honorably discharged veterans who have a serviceconnected permanent and total disability also may be preferred for employment (S.
2127, L. 2013). Full text, State Employment Law Library ¶35-21,751.01. Summaries,
State Employment Law Library ¶35-2500.
North Dakota Wage Payment
Effective August 1, 2013, except for those amounts that are required under state or
federal law to be withheld from employee compensation or where a court has ordered
the employer to withhold compensation, an employer only may withhold from the
compensation due employees: (1) advances paid to employees, other than
undocumented cash; (2) a recurring deduction authorized in writing; (3) a
nonrecurring deduction authorized in writing when the source of the deduction is
specifically cited; (4) a nonrecurring deduction for damage, breakage, shortage or
negligence must be authorized by the employee at the time of the deduction (S.
2247, L. 2013, enacted March 19, 2013). Full text, State Employment Law Library
Summaries, ¶35-46,005. Summaries, State Employment Law Library ¶35-1200.
North Dakota Workers’ Compensation
The state’s workers’ comp law has been amended with respect to volunteer health
practitioner benefits and penalties for failure to secure coverage (S. 2080, L. 2013).
Summaries, State Employment Law Library ¶35-4300.
Oregon Family, Medical and Parental Leave
Effective January 1, 2014, the City of Portland will require employers with six or more
employees to provide five days (40 hours) of paid sick leave per year to employees to
care for their own illness or for a sick family member. Smaller employers will be
required to grant up to 40 hours of unpaid sick leave. Employers will be required to
post notice of employees’ leave rights and maintain records of leave time accrued and
used by employees. Employers will also be prohibited from discriminating or
retaliating against employees who request or use sick leave, or complain of being
denied requested leave. Summaries, State Employment Law Library ¶38-7000.
Oregon Veterans’ Preference
Definitions under the state’s public employment veterans’ preference law have been
amended (Ch. 16 (H. 2633), L. 2013). Full text, State Employment Law Library ¶3821,750.01.
Tennessee Violence in the Workplace
The state’s concealed carry law has been amended with respect to the storage of
firearms and ammunition in vehicles/parking areas, including employer parking lots
(S. 142, L. 2013, effective July 1, 2013). Full text, State Employment Law Library ¶4420,025.409. Summaries, State Employment Law Library ¶44-3300.
Tennessee Workers’ Compensation
The law has been clarified with respect to information relating to an employer’s
workers’ comp insurance policy that has been obtained by the Commissioner of Labor
and Workforce Development. Information that is deemed public record is now
enumerated in the statutes (S. 124, L. 2013). Summaries, State Employment Law
Library ¶44-4300.
Utah Background Checks
The state has amended the Utah Child Care Licensing Act to eliminate the exemption
from a fingerprint-based background check for an individual who has lived in Utah for
five years for individuals who apply for licensure after July 1, 2013 (H. 165, L. 2013).
Full text, State Employment Law Library ¶46-23,600.21.
Utah Blacklisting
Statutory provisions relating to blacklisting are repealed effective May 14, 2013. The
law prohibits a person from blacklisting an employee who was discharged or who
voluntarily left employment with the intent to prevent the person from engaging in or
securing similar or other employment elsewhere.
However, “blacklisting” is still prohibited under Section 19 of Article XII of the Utah
Constitution, which states that “Each person in Utah is free to obtain and enjoy
employment whenever possible, and a person or corporation, or their agent, servant,
or employee may not maliciously interfere with any person from obtaining
employment or enjoying employment already obtained from any other person or
corporation,” as well as under Section 4 of Article XVI, which states that “The
exchange of black lists by railroad companies, or other corporations, associations or
persons is prohibited” (S. 142, L. 2013, enacted April 1, 2013, and effective May 14,
2013). Full text, State Employment Law Library ¶46-64,001 and ¶46-64,002.
Utah Employee Misclassification
The Worker Classified Coordinated Enforcement Act, Title 34, Chapter 47 of the Utah
Code, which was scheduled to be repealed on July 1, 2013, has been extended to July
1, 2016. The 2011 Act (S. 11) created the Worker Classification Coordinated
Enforcement Council to meet and coordinate regulatory and law enforcement efforts
related to employee misclassification (S. 22, L. 2013, enacted March 26, 2013, and
effective May 14, 2013). Full text, State Employment Law Library ¶46-48,001 through
¶46-48,004.
Utah Employment Verification/Immigration
The state has extended the program start date under the Utah Immigration
Accountability and Enforcement Act. Also, the state has extended the date for the
Utah Pilot Sponsored Resident Immigrant Program Act (S. 225, L. 2013, enacted April
1, 2013, and effective May 14, 2013). Full text, State Employment Law Library ¶4649,002b. Summaries, State Employment Law Library ¶46-9000.
Utah Garnishment
The law relating to garnishment and wages owed has been amended to authorize the
Office of State Debt Collection to issue an administrative garnishment order for a
wage claim or criminal restitution debt.
Effective May 14, 2013, if a judgment is entered against a debtor, the Office of State
Debt Collection may issue an administrative garnishment order against the debtor's
personal property and wages in the possession of a third party in the same manner
and with the same effect as if the order was a writ of garnishment issued in district
court. The Office of State Debt Collection may issue such administrative garnishment
order if (a) the order is signed by the director or the director’s designee and served
by certified mail, return receipt requested, or as prescribed by Rule 4 of the Utah
Rules of Civil Procedure and (b) the underlying debt is for (i) nonpayment of
restitution or (ii) nonpayment of an order for payment issued by the Labor
Commission for wage claims (S. 129, L. 2013, enacted March 22, 2013). Full text,
State Employment Law Library ¶46-46,033aa. Summaries, State Employment Law
Library ¶46-5600.
Utah Social Media Privacy
Utah Governor Gary Herbert has signed Substitute House Bill 100, the “Internet
Employment Privacy Act.” The law, scheduled to take effect on May 14, 2013,
prohibits both private and public employers from requesting an employee or job
applicant to disclose a username and password, or a password that allows access to
the employee’s or applicant’s personal Internet account. In addition, an employer
may not take any adverse action, fail to hire or otherwise penalize an employee or
applicant for failure to disclose such information. The law also provides employees
with a private right of action, allowing aggrieved employees to bring a civil suit in a
court of competent jurisdiction, with such recovery limited to $500.
There are exceptions in cases of employer-owned devices, transfer of the employer’s
proprietary information, and employee misconduct investigations (State of Utah,
Office of the Governor, News Release, March 27, 2013,
http://www.utah.gov/governor/news_media/article.html?article=8641; House Bill
100, Second Substitute, http://le.utah.gov/~2013/bills/hbillenr/hb0100.pdf).
Virginia Arbitration and Mediation
The law on confidentiality of mediation agreements has been amended to remove an
exception that allowed for disclosure of financial information, including information
contained in the child support guidelines worksheet, and written reasons for any
deviation from the guidelines, to each party and the court for the purpose of
computing a basic child support amount pursuant to Section 20-108.2 (Ch. 283 (H.
1795) L. 2013, enacted March 13, 2013, and effective July 1, 2013). Full text, State
Employment Law Library ¶48-61,023.
Virginia Background Checks
The state has amended its law with respect to background checks for workers in
children’s residential facilities (S. 992, L. 2012, enacted March 5, 2013). Full text,
State Employment Law Library ¶49-23,600.52.
Provisions relating to dissemination of criminal history record information have also
been amended (Ch. 176 (H. 1383), L. 2012, enacted March 12, 2013; Ch. 261 (H.
1640), L. 2012, enacted March 13, 2013; Ch. 407 (S. 1288), L. 2012, enacted March
14, 2013; and Ch. 165 (S. 1219), L. 2012, enacted March 12, 2013). Full text, State
Employment Law Library ¶49-23,600.51 and ¶49-23,601.01. Summaries, State
Employment Law Library ¶48-9000.
Virginia Dispute Resolution Proceedings (ADR)
The law on confidentiality of dispute resolution proceedings has been amended to
remove an exception that allowed for disclosure of financial information, including
information contained in the child support guidelines worksheet, and written reasons
for any deviation from the guidelines, to each party and the court for computing a
basic child support amount pursuant to Section 20-108.2 (Ch. 283 (H. 1795) and Ch.
383 (S. 1028), L. 2013, enacted March 13, 2013, and effective July 1, 2013). Full text,
State Employment Law Library ¶48-61,207.
Virginia Health Insurance Benefit Coverage
The state has amended its law relating to health care plans’ coverage of newborn
children (S. 1243, L. 2012, enacted March 20, 2013). Summaries, State Employment
Law Library ¶48-4000.
Virginia Labor Relations
The right of an individual employee to vote by secret ballot in any procedure for the
designation, selection or authorization of a labor organization to represent employees
is guaranteed under a new law (Ch. 484 (H. 1385), L. 2013, enacted March 18, 2013,
and effective July 1, 2013). Full text, State Employment Law Library ¶48-63,005a.
Unless an exemption applies, an employer shall not be required to release,
communicate, or distribute to a third party such personal identifying information on
current and former employees as a home telephone number, mobile telephone
number, email address, shift times, or work schedules. This would not apply,
however, where such information is (1) required under federal law that would
preempt state law; (2) ordered by a court of competent jurisdiction; (3) required
pursuant to a warrant issued by a judicial officer; or (4) required by a subpoena issued
in a pending civil or criminal case or by discovery in a civil case (Ch. 495 (H. 1931), L.
2013, enacted March 18, 2013, and effective July 1, 2013). Full text, State
Employment Law Library ¶48-63,031a.
Virginia New Hire Reporting
New hire reporting requirements have been amended to provide that the Virginia New
Hire Reporting Center shall be operated under the authority of the Division of Child
Support Enforcement. Each employing unit is to submit information concerning each
newly hired employee to the Center within 20 days of employment of the newly hired
employee. The information is to include items required under Section 453A of the
federal Social Security Act (42 USC Sec. 653a, as amended).
“Newly hired employee” means an individual in employment who (1) has not
previously been in the employment of the employer or (2) was previously in the
employment of the employer but has been separated from such prior employment for
at least 60 consecutive days (Ch. 329 (S. 776), L. 2013, enacted March 13, 2013, and
effective July 1, 2013). Full text, State Employment Law Library ¶48-47,024.
Summaries, State Employment Law Library ¶48-1600.
Virginia Whistleblower Protection
Whistleblower protections under the state Fraud and Abuse Whistle Blower Protection
Act (Section 2.2-3009 et seq.) have been amended with regard to authorization,
allocation and disbursement of monies in the Fraud and Abuse Whistle Blower Reward
Fund. Monies in the Fund are to be used for monetary rewards to state government
employees who have disclosed information of wrongdoing or abuse under the Act
where the disclosure results in a recovery of at least $5,000 (currently, this amount is
$10,000) or to support the administration of the Fund, defray advertising costs, or
subsidize the operation of the Fraud, Waste and Abuse Hotline (Ch. 572 (H. 1845), L.
2013, and by Ch. 690 (S. 1178), L. 2013, enacted March 20 and 21, and effective July
1, 2013). Full text, State Employment Law Library ¶48-62,013.
Virginia Workers’ Compensation
In situations where weather constitutes a particular risk of a public safety officer's
employment and where the public safety officer's injury arose out of and in the course
of his or her employment, absent the assertion of a misconduct defense, such injury
shall be compensable under the workers’ comp law (Ch. 174 (H. 1347) and S. 896, L.
2012, enacted March 12, 2013).
Any individual who receives training at a criminal justice training academy established
pursuant to Article 5 of Ch. 17 of Title 15.2 shall not be deemed an employee of the
criminal justice training academy. A criminal justice training academy shall have no
liability to provide coverage or benefits under Virginia’s workers’ comp law to any
individual receiving training at the academy. The employer that arranges for an
individual to be trained at a criminal justice training academy shall provide coverage
and benefits to the individual under Virginia’s workers’ comp law during the period
the individual is receiving training at the academy (Ch. 219 (H. 2018), L. 2012,
enacted March 12, 2013). Summaries, State Employment Law Library ¶48-4300.