April 2012

Alabama Background Checks
As previously reported, the state has enacted a law, effective June 1, 2012, clarifying which employees of the Department of Human Resources are required to undergo criminal history background checks. The law also provides for the transmission of criminal history reports (Act 2012-055 (S. 60), L. 2012). Full text, State Employment Law Library ¶1-23,600.26—¶1-23,600.28, and ¶1-23,600.31. Summaries, State Employment Law Library ¶1-9000.

Arizona Labor Relations
The law relating to campaign contributions and expenses has been amended for clarification, to make technical and conforming changes, and to specify that corporate contribution solicitations apply to a corporation’s subsidiaries, branches, divisions and affiliates.

With certain exceptions, it is unlawful for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund from any person other than the stockholders of the corporation and their families, the executive or administrative personnel of the corporation and their families, and the executive or administrative personnel of the corporation’s subsidiaries, branches, divisions and affiliates and their families, and for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to such a fund from any person other than its members and their families (Ch. 125 (H. 2612), L. 2012, effective March 29, 2012). Full text, State Employment Law Library ¶3-63,025.

Also, the exception for insurers licensed in the state or a separated segregated fund established by the insurer has been amended to remove the restriction limiting to no more than two written solicitations for contributions from persons who are licensed insurance producers with whom it has a contract to produce insurance business, and those person’s families (Ch. 98 (H. 2394), L. 2012, effective 90 days after the legislature adjourns). Full text, State Employment Law Library ¶3-63,025.

Arizona Maximum Hours
The maximum hours for those employed in underground mines and underground workings or as hoisting engineers at underground mines will increase from eight to 12 hours in a 24-hour period. In addition, language that declared mining activities as injurious to health and dangerous to life and limb of those employed has been removed (Ch. 62 (S. 1054), L. 2012, enacted March 21, 2012, and effective 90 days after the legislature adjourns). Full text, State Employment Law Library ¶3-44,004. Summaries, State Employment Law Library ¶3-1300.

Arizona New Hire Reporting
New hire reporting requirements have been amended to require employers to include the date the employee first performed services for pay, in addition to current requirements that the employer submit the employee’s name, address, social security number and the employer’s name, address and federal tax identification number, within 20 days after the employee is hired or returns to work (for employers submitting electronically or magnetically, in two monthly transmissions no more than 16 days apart) (Ch. 49 (H. 2248), L. 2012, enacted March 20, 2012, and effective 90 days after the legislature adjourns). Full text, State Employment Law Library ¶3-47,027. Summaries, State Employment Law Library ¶3-1600.

Arizona Overtime
Overtime pay requirements for public employees have been amended to provide that anyone employed in law enforcement activities must be compensated for each hour worked over 40 in a workweek unless otherwise agreed to by the employer and the employee, at the option of the employer, at the following rates: (1) one and one-half hours of compensatory time off for each hour worked, if by the person's job classification overtime compensation is mandated by federal law; or (2) if overtime compensation is not mandated by federal law, the person is to receive the regular rate of pay or compensatory leave on an hour for hour basis (Ch. 144 (S. 1197), L. 2012, enacted March 29, 2012, and effective 90 days after the legislature adjourns). Full text, State Employment Law Library ¶3-44,012. Summaries, State Employment Law Library ¶3-1100.

Arizona Wage Payment
Arizona’s wage payment law has been amended relating to payment of final wages to discharged employees to require employers to pay such employees within seven working days or the end of the next regular pay period, whichever is sooner. Currently, employers must pay wages due a discharged employee within three working days or the end of the next pay period, whichever is sooner (Ch. 162 (H. 2519), L. 2012, enacted April 3, 2012, and effective 90 days after the legislature adjourns). Full text, State Employment Law Library ¶3-46,004. Summaries, State Employment Law Library ¶3-1200.

Arizona Workers’ Compensation
Compensation to employees injured on the job shall be made by negotiable instrument, payable immediately on demand or, at the election of the employee and if offered by the employer or carrier, by another commonly accepted method for transferring money by banking institutions, including electronic fund transfers to the employee's account or a prepaid debit card account that is established for the purpose of making direct electronic payment to the employee.
The electronic payment and debit card options were added by S. 1016, L. 2012, enacted March 13, 2012, effective 90 days after the legislature adjourns. Summaries, State Employment Law Library ¶3-4300.

California Meal Periods
Ruling at last on a case that has been pending before it since 2008, a unanimous California Supreme Court held that employers do not have a duty under the California Labor Code’s meal period provisions to make sure their hourly workers take their statutorily mandated meal periods; it is enough to ensure that employees are offered the opportunity to take them (Brinker Restaurant Corp v Superior Court, April 12, 2012, Werdegar, K). The long-awaited ruling provides much-needed clarity on a vexing wage-hour issue, one that had divided the state’s lower courts. Summaries, State Employment Law Library ¶5-1400.

Connecticut Unemployment Insurance
For 2012, the fund balance tax is 1.4%, the maximum contribution rate is 6.8% and the minimum contribution rate is 1.9%. New employers pay 4.2% in 2012. Summaries, State Employment Law Library ¶7-1700.

District of Columbia Fair Employment Practices
The District of Columbia has enacted a law that would prohibit an employer or employment agency from discriminating against a person based on his or her status as being unemployed. The Unemployed Anti-Discrimination Act of 2012, which still needs Congressional review and publication in the District of Columbia Register to become law, provides that an employer or employment agency would not be able to refuse to consider for employment, or fail or refuse to hire an individual because of the person’s status as unemployed. Employment ads and announcements that state or indicate a person’s status as unemployed would disqualify the person for a job or that state or indicate the person would not be considered or hired for employment based on such status would also be prohibited (Act 19-329 (B19-486), L. 2011, enacted March 19, 2012, with effective date pending—projected law date is May 9, 2012).

District of Columbia Overtime
Car wash employees will no longer be exempt from the District’s overtime requirements, which means overtime requirements and protections will now apply to these workers (DC Act 19-321 (B19-247), L. 2011, enacted March 18, 2012, with effective date pending—projected law date is May 9, 2012). Full text, State Employment Law Library ¶9-44,003. Summaries, State Employment Law Library ¶9-1100.

Florida Background Checks
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). Summaries, State Employment Law Library ¶10-9000.

Florida Drug Testing
The state has enacted a law authorizing state agencies to conduct random drug testing of all employees once every three months. Random drug testing will be limited to no more than 10 percent of each agency’s workforce, and the random sample of employees chosen for testing must be computer-generated by an independent third party (Ch. 8 (H. 1205), L. 2012, enacted March 19, 2012, and effective July 1, 2012). Full text, State Employment Law Library ¶10-53,011, ¶10-53,002, and ¶10-53,035. Summaries, State Employment Law Library ¶10-8600.

Indiana Smoking in the Workplace
A statewide smoking ban applies in Indiana effective July 1, 2012. Under new law, smoking will be prohibited in public places; places of employment; in any vehicle owned, leased, or operated in the state if being used for a governmental function; and in any area within eight feet of a public entrance to either a public place or a place of employment. Exceptions to the law would allow smoking in certain gaming facilities; cigar hookah bars; fraternal, social and veterans’ clubs; tobacco stores; and bars and taverns. Existing provisions under the Clean Indoor Air Law will be repealed effective July 1, 2012 (H. 1149, L. 2012). Summaries, State Employment Law Library ¶15-2700.

Indiana Workplace Violence
The state has expanded its “stand your ground” law to specifically include a person’s right to use force against a public servant (P.L. 161 (S. 1), L. 2012). Summaries, State Employment Law Library ¶15-3300.

Iowa New Hire Reporting
Effective July 1, 2012, access and use of information in the state registry is to be limited to (1) the unit for administration of the child support enforcement program, including but not limited to activities related to establishment and enforcement of child and medical support obligations through administrative or judicial processes, and other services authorized pursuant to chapter 252B; (2) state agencies, as specified under 42 U.S.A. Sec. 653A, which utilize income information for the determination of eligibility or calculation of payments for benefit or entitlement payments unless prohibited under federal law; and (3) state agencies operating employment security and workers’ compensation programs for the purposes of administering such programs, unless prohibited under federal law (S. 2159, L. 2011, enacted March 30, 2012). Full text, State Employment Law Library ¶16-47,043. Summaries, State Employment Law Library ¶16-1600.

Iowa Whistleblower Protection
The state has enacted a law prohibiting employers from taking retaliatory action against employees who report child abuse (S. 2225, L. 2011, enacted March 30, 2012). Summaries, State Employment Law Library ¶16-3600.

Kansas Fair Employment Practices
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)). Summaries, State Employment Law Library ¶17-2500.

Maine Background Checks
The state has enacted a law authorizing the Commissioner of Education to allow access to criminal history record information to entities providing document management, and to remove applicants' fingerprints from the fingerprint file without notice to the applicant (Ch. 521 (H. 1301), L. 2011, enacted March 16, 2012). Full text, State Employment Law Library ¶20-23,600.02. Summaries, State Employment Law Library ¶20-9000.

Maine Child Support
Requirements for immediate income withholding orders for support have been amended for clarification. The Department of Health and Human Services may implement immediate income withholding by serving the required notice upon the obligor's employer without providing an attested copy of the support order. The law also provides that an employer who honors a child support order subject to income withholding, an income withholding order, or notice may not be held liable by the obligor for income withheld in compliance with the order (Ch. 528 (H. 1199; L.D. 1594), L. 2011, signed March 19, 2012, and effective 90 days after the legislature adjourns). Full text, State Employment Law Library ¶20-47,016, ¶20-47,017, ¶20-47,019, ¶20-47,020, ¶20-47,022, ¶20-47,023, ¶20-47,025, ¶20-47,028 and ¶20-47,030. Summaries, State Employment Law Library ¶20-5500.

Maine Firearms in the Workplace
An employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Maine law from keeping a firearm in the employee’s vehicle as long as the vehicle is locked and the firearm is not visible. The legislature has amended this law to specifically apply to the state as an employer when a state employee’s vehicle is on property owned or leased by the state (Ch. 537 (H. 1212), L. 2011, enacted March 20, 2012). Full text, State Employment Law Library ¶20-20,032.01. Summaries, State Employment Law Library ¶20-3300.

Maine Labor Relations
Agricultural labor relations provisions covered under Chapter 16 of Title 26 have been repealed. These provisions covered agricultural employees and employers with egg processing facilities that have over 500,000 laying birds and that employ more than 100 agricultural employees. This law did not impact employees covered under the National Labor Relations Act, but rather applied to those agricultural employees excluded under the federal Act (Ch. 565 (H. 898; L.D. 1207), L. 2011, enacted March 30, 2012, and effective 90 days after the legislature adjourns). Full text, State Employment Law Library ¶20-51,001 through ¶20-51,014.

Maryland Jury Duty Leave
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). Summaries, State Employment Law Library ¶21-7100.

Michigan Labor Relations
Michigan’s Public Employment Relations Act has been amended to specify that collective bargaining agreements under the Act may be rejected, modified, or terminated under the Local Government and School District Fiscal Accountability Act (created by Act 4 (H. 4214), L. 2012, enacted March 16, 2012) (P.A. 45 (H. 4246), L. 2012, effective March 13, 2012). Full text, State Employment Law Library ¶23-63,057 and ¶23-63,074.

In addition, the Public Employment Relations Act has been amended to provide that a public school employer's use of public school resources to assist a labor organization in collecting dues or service fees from wages of public school employees is a prohibited contribution to the administration of a labor organization. However, a public school employer's collection of dues or service fees pursuant to a collective bargaining agreement that is in effect on March 15, 2012, is not prohibited until the agreement expires or is terminated, extended, or renewed (P.A. 53 (H. 4929), L. 2012, effective March 15, 2012). Full text, State Employment Law Library ¶23-63,069.

Nebraska Emergency Services Leave
Nebraska’s Volunteer Emergency Responders Job Protection Act has been amended to specifically include members of a state emergency response team. Effective three calendar months after the legislature adjourns, 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, enacted April 10, 2012). Summaries, State Employment Law Library ¶28-7200.

Nebraska Health Insurance Benefits Coverage
Any individual or group sickness and accident insurance policy, certificate, or subscriber contract delivered, issued for delivery, or renewed in Nebraska and any hospital, medical, or surgical expense-incurred policy, except for policies that provide coverage for a specified disease or other limited-benefit coverage, and any self-funded employee benefit plan to the extent not preempted by federal law that provides coverage for cancer treatment shall provide coverage for a prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells on a basis no less favorable than intravenously administered or injected anticancer medications that are covered as medical benefits by the policy, certificate, contract, or plan (L.B. 882, L. 2011, enacted April 6, 2012, effective from October 1, 2012, until December 31, 2015). Summaries, State Employment Law Library ¶28-4000.

Nebraska Job Reference Liability
On April 10, 2012, the state 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). Summaries, State Employment Law Library ¶28-9000.

Nevada Minimum Wage
Nevada Labor Commissioner Thoran Towler announced on March 31 that he has released the April 1 annual bulletins for the state’s minimum wage and daily overtime requirements, and that the rate for the upcoming year will remain unchanged from last year. 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 at $8.25 per hour (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). Summaries, State Employment Law Library ¶29-1000.

Nevada Overtime
Nevada Labor Commissioner Thoran Towler announced on March 31 that he has released the April 1 annual bulletins for the state’s minimum wage and daily overtime requirements, and that there will be no increase in the overtime rate for the upcoming year. Nevada is one of a few states with a daily overtime requirement in addition to the more familiar requirement to pay overtime for more than 40 hours in a workweek. The daily overtime rate is tied to increases in the state minimum wage rate; because the minimum wage will not increase, the daily overtime rate will remain unchanged 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. These changes do not affect employees who are exempt from overtime under Nevada state law (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). Summaries, State Employment Law Library ¶29-1100.

New Mexico Prevailing Wage
The law relating to use of resident contractors on public works projects has been amended to establish a temporary preference for resident veteran businesses and for resident veteran contractors (Ch. 56 (H. 97), L. 2012, effective July 1, 2012). Full text, State Employment Law Library ¶32-50,002.

In addition, rules of the Department of Workforce Solutions, Labor Relations Division, Labor and Industrial Bureau, Public Works Section, entitled “The Public Works Minimum Wage Act Policy Manual,” have been amended effective March 15, 2012. These rules, which cover contractors, subcontractors, employers or any person acting as a contractor who employs laborers or mechanics on public works projects, define regulations necessary for application of prevailing wage rates on public works projects, including predetermination of wages, survey categories and wage rate differentials, adoption of job classifications descriptions, and procedures for appeals, as well as regulations pertaining to apprentices and trainees (New Mexico Register, Vol. XXIII, No. 5). Full text, State Employment Law Library ¶32-50,507 through ¶32-50,519.

New Mexico Unemployment Insurance
Pursuant to the recent passage of Senate Bill 32, the contribution rates for New Mexico will follow Schedule 1 for the 2012 tax year. Under Schedule 1, rates range from 0.05% to 5.4%. Previously, New Mexico contribution rates were announced as following Schedule 3. Summaries, State Employment Law Library ¶32-1700.

Oklahoma Smoking in the Workplace
Effective November 1, 2012, commercial airport operators may prohibit the use of lighted tobacco in any area that is open to or used by the public whether located indoors or outdoors, provided that the outdoor area is within 175 feet from an entrance (S. 1686, L. 2012, enacted April 9, 2012). Summaries, State Employment Law Library ¶37-2700.

Oregon Background Checks
As previously reported, the state has amended its law relating to the Employment Department Child Care Division’s Central Background Registry (Ch. 3 (H. 4024), L. 2012). Full text, State Employment Law Library ¶38-23,600.31. Summaries, State Employment Law Library ¶38-9000.

Oregon COBRA
Oregon has amended its mini-COBRA notice requirements in situations in which an insurer has terminated coverage of a covered person or qualified beneficiary without providing replacement coverage. As under prior law, the insurer must provide written notice no later than 10 days after receiving notice of a qualifying event. Under the amendment, the notice must include information prescribed by the Director of the Department of Consumer and Business Services. A list of information required to be included in the notice previously set forth in the statute has been deleted (Ch. 24 (S .1504), L. 2012, applicable to policies and certificates issued or renewed on or after June 23, 2011). Summaries, State Employment Law Library ¶38-4200.

Oregon Fair Employment Practices
The state has amended its HIV testing law (Ch. 26 (S. 1507), L. 2012, effective March 5, 2012). Full text, State Employment Law Library ¶38-22,250.01. Summaries, State Employment Law Library ¶38-2500.

Additionally, the state has enacted a law relating to communication between state agencies regarding uniformed service members’ discrimination complaints (Ch. 44 (H. 4064), L. 2012, effective July 1, 2012). Full text, State Employment Law Library ¶38-20,026.02. Summaries, State Employment Law Library ¶38-2500.
Also, 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). Summaries, State Employment Law Library ¶38-2500.

Oregon Health Insurance Benefit Coverage
Effective January 1, 2013, health benefit plans providing coverage of hospital, surgical or dental services shall provide coverage for dental and orthodontic services for the treatment of craniofacial anomalies, if the services are medically necessary to restore function (Ch. 21 (H. 4128), L. 2012, enacted March 5, 2012). Summaries, State Employment Law Library ¶38-4000.

South Dakota Access to Personnel Files
As previously reported, effective July 1, 2012, the Human Resources commissioner shall establish and maintain appropriate records on all civil service employees. Any records required or maintained by the Bureau of Human Resources, including performance appraisals, that pertain to an employee shall be available and open to inspection by the employee during normal business hours (H. 1028, L. 2012, enacted February 21, 2012). Full text, State Employment Law Library ¶43-23,700.01 and ¶43-23,700.02. Summaries, State Employment Law Library ¶43-8500.

South Dakota Background Checks
As previously reported, effective July 1, 2012, a school district may, at its discretion, pay the fees charged for any criminal background investigation that is required by law for a prospective employee (H. 1124, L. 2012). Full text, State Employment Law Library ¶43-23,600.01. Summaries, State Employment Law Library ¶43-9000.

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). Summaries, State Employment Law Library ¶46-1600.

Utah Smoking in the Workplace
The Utah Indoor Clean Air Act has been amended with respect to e-cigarettes and heated tobacco products (H. 245, L. 2012). Summaries, State Employment Law Library ¶46-2700.

Utah Unemployment Insurance
Utah has revised its contribution rates for 2012. Total rates for experience-rated employers now range from 0.4% to 7.4%. The social charge tax rate is now 0.40%. The reserve factor remains 1.30. Summaries, State Employment Law Library ¶46-1700.

Virginia Background Checks
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). Summaries, State Employment Law Library ¶48-9000.

Virginia Garnishment
The law relating to institution of garnishment proceedings has been amended to provide that a judgment creditor may institute garnishment proceedings in a jurisdiction where the judgment debtor resides, even though the underlying judgment was entered by another court (Ch. 251 (S. 625), L. 2012, enacted March 13, 2012, and effective July 1, 2012). Full text, State Employment Law Library ¶48-46,007.

Washington Background Checks
The state has amended its background checks law with respect to those who work with persons with developmental disabilities, vulnerable adults, or children under 16. The changes also apply to providers of child day care/early learning (S. 6167, L. 2011, enacted March 16, 2012, and effective June 7, 2012). Full text, State Employment Law Library ¶50-23,600.32 and ¶50-23,600.33. Summaries, State Employment Law Library ¶49-9000.

Additionally, effective June 7, 2012, the Director of the State of Washington Department of Licensing may enter into a contractual agreement with an employer or its agent for the purpose of reviewing the driving records of existing employees for changes to the record during specified periods of time. Information so provided must be treated in the same manner and is subject to the same restrictions as driving record abstracts (S. 5246, L. 2011, enacted March 23, 2012). Summaries, State Employment Law Library ¶49-9000.

Washington New Hire Reporting
New hire reporting requirements have been amended effective June 7, 2012, to require employers to report to the Washington state support registry (1) the hiring of any person who resides or works in the state the employer anticipates paying earnings and who has not been previously employed by the employer or who was previously employed but has been separated from employment for at least 60 days; and (2) the date on which the employee first performed services for pay or, in the case of returning employees, the date on which the employee returned to perform services for pay after a layoff, furlough, separation or leave without pay.

Employers are to report within 20 days of hiring, rehiring or return to work, the employee’s name, address, social security number, date of birth, and the employer’s name, address and federal identification number (FEIN) (for electronic or magnetic transmissions, two monthly transmissions 12-16 days apart), by method of W-4 form, or, at the option of the employer, an equivalent form, and may mail the form by first-class mail, or transmit the form electronically, or other means authorized by the registry (Ch. 109 (H. 2393), L. 2012). Full text, State Employment Law library ¶50-47,008. Summaries, State Employment Law Library ¶49-1600.

Washington Whistleblower Protection
Whistleblower protections have been added for workers employed by elevator contractors, protecting such workers from workplace reprisals and other retaliatory action for reporting in good faith or opposing any practice in violation of the law relating to public health and safety laws covering elevators, lifting devices and moving walks, or employer policies covering installation, repair, or maintenance. Whistleblower protections also apply to an employee who is believed to have reported such practices (but in fact has not) or an employee who has assisted in the reporting of practices or has provided testimony or information in connection with the reporting of practices (Ch. 54 (S. 5412), L. 2012, enacted March 19, 2012, and effective June 7, 2012). Full text, State Employment Law Library ¶50-62,033, ¶50-62,034, and ¶50-62,035. Summaries, State Employment Law Library ¶49-3600.

West Virginia New Hire Reporting
Effective June 5, 2012, employers must report the contracting for services with an independent contractor when payment for services is $2,500 or more, as part of the employers’ new hire reporting requirements.

“Independent contractor” is defined to mean an individual who is not an employee of the employer and who receives compensation or executes a contract for services performed for that employer. A “direct seller” as defined under federal law (26 U.S.C. Sec. 3508(b)(2)) would not be included in the definition of “independent contractor” (H. 4523, L. 2012). Full text, State Employment Law Library ¶51-47,028. Summaries, State Employment Law Library ¶50-1600.

Wisconsin Fair Employment Practices
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). 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). Summaries, State Employment Law Library ¶51-8800.

Wyoming Background Checks
The state has amended its background check law with respect to teachers (Ch. 71 (H. 108), L. 2012). Full text, State Employment Law Library ¶53-23,600.01, ¶53-23,601.06, and ¶53-23,601.21. Summaries, State Employment Law Library ¶52-9000.

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 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). Summaries, State Employment Law Library ¶52-5600.

Wyoming New Hire Reporting
Effective July 1, 2012, employers must include as part of new hire reporting requirements the date services for remuneration were first performed by the employee. Currently, employers must report to the Department of Employment (Workforce Services) within 20 days of hiring a new employee (if the employer transmits electronic or magnetic reports, by two monthly transactions, 12-16 days apart), a report that contains the employee’s name, address and social security number, as well as the employer’s name, address and identifying number assigned to the employer under Internal Revenue Code Section 6109 (FEIN). Also, “newly hired employee” is defined to mean an individual who has not previously been employed by the employer or was previously employed by the employer but has been separated from employment with that employer for at least 60 days (Ch. 47 (H. 9), L. 2012, enacted March 8, 2012). Full text, State Employment Law Library ¶53-47,035. Summaries, State Employment Law Library ¶52-1600.