September 2011

Alabama
Disability Law

The state’s service animal law has been amended to include persons on the autism spectrum among those who may be accompanied by a service animal in public places. Public and private schools are specifically included within the meaning of “public places.” The amendments also give service animal trainers the same privileges as persons with disabilities accompanied by service animals (Act 2011-578 (H. 502), L. 2011). Summaries, State Employment Law Library ¶1-2600.

Alabama
Employment Verification, Immigration
According to published reports, a federal judge has issued an order temporarily blocking enforcement of Alabama's new law (H. 56, L. 2011) cracking down on illegal immigration. Judge Sharon L. Blackburn issued a brief ruling August 29, 2011, saying that she needed more time to decide upon the constitutionality of the law. The law, therefore, did not take effect as previously scheduled on September 1, 2011. The judge hopes to issue a final ruling by September 28, 2011. Full text, State Employment Law Library, ¶1-24,050.01 through ¶1-24,050.10 and ¶1-49,001 through ¶1-49,031. Summaries, State Employment Law ¶1-9000.
Alaska
Prevailing Wages

The state’s prevailing wage law is amended to provide that the law applies to public construction contracts that exceed $25,000 (H. 155, L. 2011, effective October 20, 2011). Full text, State Employment Law Library ¶2-50,001a, ¶2-50,001, ¶2-50,006, ¶2-50,009, ¶2-50,011 and ¶2-50,013.

Alaska
Violence in the Workplace

The definition of “nonconsensual contact” has been amended to include using, installing, or attempting to use or install a device for observing, recording, or photographing events occurring in the residence, vehicle, or workplace used by a person, or on the personal telephone or computer used by a person (Ch. 20 (H. 127), L. 2011). Summaries, State Employment Law Library ¶2-3300.

California
Family, Medical and Parental Leaves

Effective January 1, 2012, employers granting leave for bone marrow or organ donation will be calculated in business days rather than calendar days, and the one-year period is measured from the date the employee's leave begins and consists of 12 consecutive months. Also, S. 272, L. 2011, provides that the leave of absence is not a break in the employee's continuous service for the purpose of his or her right to paid time off and that employers may condition the initial receipt of leave upon the employee's use of a specified number of earned but unused days for paid time off. (S. 272, L. 2011). Full text, State Employment Law Library ¶5-22,951.03

California
Genetic Testing

California Governor Jerry Brown has signed legislation making it unlawful for employers to discriminate against either prospective or current employees on the basis of their genetic, or DNA, information.
Senate Bill 559 increases the civil rights protections for state residents by adding the term “genetic information” to all state anti-discrimination statutes. It specifically bars discrimination based on genetic data in the areas of housing, employment, education, public accommodations, health insurance, mortgage lending, and elections. The law builds on and expands genetic discrimination protection found in the federal Genetic Information and Nondiscrimination Act (GINA), which prohibits health insurers and employers from using DNA data suggesting that an individual may be predisposed to certain diseases to either deny them insurance or to affect their workplace status. Summaries, State Employment Law Library, ¶5-2500.

California
Marital Status Discrimination/Sexual Orientation Discrimination

California Governor Jerry Brown has signed a law that prohibits discrimination in public contracts based on gender or sexual orientation. Senate Bill 117 amends the Public Contract Code to prohibit state agencies from entering into contracts for at least $100,000 with any contractor who discriminates between employees with spouses or domestic partners of a different sex and employees with spouses or domestic partners of the same sex. The bill would also prohibit agencies from entering into contracts with contractors who discriminate between either same-sex and different-sex domestic partners of  employees, or between same-sex and different-sex spouses of employees.

The law is scheduled to go into effect on January 1, 2012, and will not apply to public contracts either executed, or amended, prior to January 1, 2007 (S. 117, L. 2011). Summaries, State Employment Law Library, ¶5-3100 and ¶5-3200.

Connecticut
Violence in the Workplace

On or before January 1, 2012, the Commissioner of Administrative Services shall develop an employee training program to instruct state employees on workplace violence awareness, prevention and preparedness. Any full-time employee employed by the state prior to January 1, 2012, shall be required to attend the training described in this subsection. Any full-time employee employed by the state on or after January 1, 2012, shall be required, not later than six months from the date of hire, to attend the training described in this subsection as a condition of his or her employment (P.A. 11-33 (H. 5174), L. 2011). Summaries, State Employment Law Library ¶7-3300.

Delaware
Health Insurance Benefit Coverage

The state has enacted a prosthetic parity law requiring that group health insurance policies provide orthotic and prosthetic devices at a reimbursement rate equal to the federal reimbursement rate for the elderly and those with disabilities (H. 76, L. 2011). Summaries, State Employment Law Library ¶8-4000.

Delaware
Marital Status Discrimination/Sexual Orientation Discrimination

Delaware Governor Jack Markell has signed the “Civil Union and Equity Act of 2011,” making Delaware one of only a handful of states to allow same-sex civil unions and fully recognize same-sex relationships. Senate Bill 30 provides that parties to a civil union are to enjoy the same rights, protections and obligations that exist for married persons. Under the law, Delaware would recognize legal relationships that same-sex couples enter into in another jurisdiction–whether it is a civil union or marriage–and treat the relationship as a civil union. (Ch. 22 (S. 30), L. 2011, effective Jan. 1, 2012). Full Text, State Employment Law Library ¶8-20,026.01 through ¶8-20,026.04.

Hawaii
Workers’ Compensation

The state’s workers’ comp law has been amended with respect to additional exemptions from covered employment under the law (Act 196 (H. 519), L. 2011). Summaries, State Employment Law Library ¶12-4300.

Hawaii
Plant Closings

The state has enacted a law specifying that the Department of Labor and Industrial Relations shall enforce the notice provisions of the state’s plant closing law (S. 1089, L. 2011). Summaries, State Employment Law Library ¶12-3500.

Illinois
Background Checks

In order to teach in the state, an applicants is required as a condition of employment to authorize a fingerprint-based criminal history records check to determine if an applicant has been convicted of any of the dismissing criminal or drug offenses or has been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State, any other state and the United States. Also, P.A. 97-248, provides that upon request of a school, school district, community college district, or private school, any information criminal history information obtained by a school district within the last year must be made available to that school, school district, community college district, or private school. (P.A. 97-248 (H. 1240), L. 2011, effective Jan. 1, 2012).  Full Text, State Employment Law Library, ¶14-23,600.01 and ¶14-23,600.02.

Illinois
Child Labor

The Illinois Street Trades Law is repealed (Public Act 97-416 (H. 3428), L. 2011). Full text, State Employment Law Library ¶14-45,041 through 14-45,057.

Illinois
Disability Law

Effective January 1, 2012, the term ``disability’’ for the purposes of public accommodations provisions includes any mental, psychological, or developmental disability, including autism spectrum disorders, (P.A. 97-410 (H. 3010), L. 2011, effective Jan. 1, 2012). Full Text, State Employment Law Library, ¶14-20,025.03

Illinois
Drug Testing

Effective January 1, 2012, employers of school bus driver permit holders may conduct reasonable suspicion drug and alcohol testing. Federal procedural regulations will apply (P.A. 466 (H. 147), L. 2011). Full text, State Employment Law Library ¶14-53,023a through 14-53,023e. Summaries, State Employment Law Library ¶14-8600.

Illinois
Fair Employment Practices

The Equal Pay Act of 2003 has been amended to impose a civil penalty not to exceed $5,000 for each violation for each employee affected when an employer violates sections of the law prohibiting an employer from interfering or discouraging an employee from exercising his or her rights under the law (P.A. 512 (S. 115), L. 2011, effective January 1, 2012). Full Text, State Employment Law Library, ¶14-23,102.07 and ¶14-42,009. Summaries, State Employment Law Library ¶14-2500.

Also, Illinois has amended its Human Rights Act to make it a civil rights violation for an employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work. The session law also amends procedural requirements relating to Equal Employment Opportunity Commission charges (P.A. 596 (S. 1122), L. 2011, enacted and effective August 26, 2011). Full Text, State Employment Law Library, ¶14-20,026.02 and ¶14-20,029.02. Summaries, State Employment Law Library ¶14-2500.

In addition, effective January 1, 2012, the term ``disability’’ for the purposes of public accommodations provisions includes any mental, psychological, or developmental disability, including autism spectrum disorders, (P.A. 97-410 (H. 3010), L. 2011, effective Jan. 1, 2012). Full Text, State Employment Law Library, ¶14-20,025.03

Illinois
Farm Labor

The Illinois Farm Labor Contractor Certification Act is repealed (Public Act 97-416 (H. 3428), L. 2011).  Full text, State Employment Law Library ¶14-51,001 through 14-51,014.

Illinois
Industrial Homework

The Illinois Industrial Home Work Act is repealed (Public Act 97-416 (H. 3428), L. 2011). Full text, State Employment Law Library ¶14-43,001 to 14-43,012.

Illinois
Health Insurance Benefit Coverage

The state has enacted a mental health parity law to ensure that financial requirements and treatment limitations applicable to mental, emotional, nervous and substance abuse disorders are no more restrictive than financial requirements and treatment limitations for other health conditions (P.A. 437 (H. 1530), L. 2011). Summaries, State Employment Law Library ¶14-4000.

In addition, on or after January 1, 2012, every insurer that amends, delivers, issues, or renews group accident and health policies providing coverage for hospital or medical treatment or services on an expense-incurred basis shall offer, for an additional premium and subject to the insurer's standard of insurability, optional coverage or optional reimbursement of up to $500 annually for a tobacco use cessation program for a person enrolled in the plan who is 18 years of age or older. HMOs must also provide this coverage (Act 592 (S. 673), L. 2011). Summaries, State Employment Law Library ¶14-4000.

Illinois
Military and Emergency Services Leave

The Disaster Service Volunteer Leave Act and the Local Government Disaster Service Volunteer Act now specifically include within their scope of coverage disasters declared by the governor under the Illinois Emergency Management Agency Act. Under prior law, only disasters designated at Level III and above in the American National Red Cross Regulations and Procedures were specified (P.A. 345 (H. 3386), L. 2011). Summaries, State Employment Law Library ¶14-7200.

Additionally, the state has enacted a law (P.A. 580 (H. 2095), L. 2011) making an employer's knowing violation of the Service Member's Employment Tenure Act a Class A misdemeanor with a mandatory minimum fine of not less than $5,000 and a maximum fine of $10,000. Under prior law, such violation was a business offense. Monetary penalties remain unchanged.

The law, which took effect August 26, 2011, also adds a requirement that the Attorney General establish and maintain a statewide list of employers who have been convicted of violating the Service Member's Employment Tenure Act. The Attorney General shall make the information in the list available to the public on its official website and by any other means the Attorney General deems appropriate (P.A. 580 (H. 2095), L. 2011). Full text, State Employment Law Library ¶14-58,008 and ¶14-58,009aa. Summaries, State Employment Law Library ¶14-7200.

Kansas
Drug Testing

In a case of first impression, the Kansas Supreme Court ruled that drug and alcohol testing laboratories owe a duty to individuals whose specimens they test to accurately report results and not to mischaracterize or misinterpret those results (Berry v National Medical Services, Inc, August 12, 2011, Rosen,
E). The plaintiff in this case satisfied the test for a foreseeable plaintiff. She was the direct and immediate object of the testing services and, thus, could pursue a claim of negligence against a third-party test administrator for reporting false positive results. Summaries, State Employment Law Library ¶17-8600.

Louisiana
Employment Verification

Employment verification is required on public works contracts entered into or bids offered on or after January 1, 2012. A private employer must not bid on or otherwise contract with a public entity for the physical performance of services within the state of Louisiana unless the private employer verifies in a sworn affidavit attesting to both of the following:  (1) the private employer is registered and participates in a status verification system to verify that all employees in the state of Louisiana are legal citizens of the United States or are legal aliens; and (2) the private employer shall continue, during the term of the contract, to utilize a status verification system to verify the legal status of all new employees in the state of Louisiana. The private employer must also require all subcontractors to submit to a sworn affidavit verifying compliance (Act 376 (H. 342), L. 2011). Full text, State Employment Law Library ¶19-49,009.

Maine
Drug Testing

Maine’s substance abuse program laws are amended to exempt employers subject to federally mandated drug and alcohol programs, including, but not limited to, testing mandated by the federal Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V, and its employees, including independent contractors and employees of independent contractors who are working for or at the facilities of an employer who is subject to such a federally mandated drug and alcohol testing program (Ch. 196 (H. 932; L.D. 1241), L. 2011). Full text, State Employment Law Library ¶20-53,001.

Maine
Workers’ Compensation

The state has enacted a law clarifying and simplifying workers' comp insurance notification reporting requirements for general contractors for public construction projects by moving the requirement from the various state agencies to a central reporting site at the Workers' Compensation Board (Ch. 403 (S. 477), L. 2011, effective September 28, 2011). Summaries, State Employment Law Library ¶20-4300.

Massachusetts
Wage Payment

A 2008 amendment to the Massachusetts Wage Act that provided for a mandatory award of treble damages to prevailing employees for wage violations could not be retroactively applied, the state’s high court has ruled, because the amendment did not explicitly allow for retroactive application (Rosnov v Molloy, August 31, 2011, Botsford, M). Summaries, State Employment Law Library ¶22-1200.
Minnesota
Drug Testing

Minnesota law governing drug and alcohol testing in the workplace is amended to provide that the law would not be construed to interfere with the operation of a drug and alcohol testing program for professional athletes provided that the drug and alcohol testing program is permitted under a contract between the employer and employees. Certification is required with the Commissioner of Labor and Industry (Ch. 62 (S. 1265), L. 2011). Full text, State Employment Law Library ¶24-53,006.

Minnesota
Employment Verification, Immigration

A contract for services valued in excess of $50,000 now requires certification from the vendor and any subcontractors that, as of the date services on behalf of the state of Minnesota will be performed, the vendor and all subcontractors have implemented or are in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the state of Minnesota (Ch. 10 (S. 12), L. 2011). Full text, State Employment Law Library, ¶24-49,001. Summaries, State Employment Law Library ¶24-9000.

Montana
Fair Employment Practices

Montana’s Department of Administration has adopted rules to comply with the Genetic Information and Nondiscrimination Act of 2008.  Effective August 26, 2011, state employers may not request, require, or purchase genetic information about employees or their family members; or use genetic information to discriminate against an individual in hiring, discharge, compensation, terms, conditions, or privileges of employment. To avoid inadvertently receiving genetic information, agency representatives who request medical information as part of an employment-related medical exam or a medical certification in response to a request for sick leave, leave qualifying under the Family Medical Leave Act, or a reasonable accommodation request under the Americans with Disabilities Act, it must include a statement asking employees or applicants not to include genetic information in compliance with the federal law.
Agency managers will make every attempt to protect the privacy of individuals involved in the complaint process; however, individual privacy cannot be guaranteed. Full Text, State Employment Law Library ¶27-23,350.01 through ¶27-23,350.29.

Montana
Maximum Hours

The state has revised its labor laws to provide that the workday for underground miners, smelter workers, and employees at strip mines, cement plants, and quarries may not exceed eight hours a day unless the employer and employee agree to a workday of more than eight hours through a collective bargaining agreement or by mutual agreement (H. 300, L. 2011, effective October 1, 2011). Summaries, State Employment Law Library ¶27-1300.

Montana
Background checks

The state has enacted a law prohibiting the legislative auditor from employing an auditor unless a background check is made on the prospective employee (S. 52, L. 2011). Summaries, State Employment Law Library ¶27-9000.

Nevada
Overtime Pay

The definition of “professional” under the overtime law has been amended to include creative professionals who are not employees of a contractor within the kinds of employees who are exempt from the overtime requirement (Ch. 193 (S. 328), L. 2011). Summaries, State Employment Law Library ¶29-1100.

New Hampshire
Labor Relations

The commissioner of labor may, after a hearing, impose a civil penalty of up to $2,500 for a violation of any provision of law or related rule under jurisdiction of the Department of Labor (Chapter 273). The commissioner is to first issue one warning to the employer, who will have 30 days to correct the defect causing the violation. However, no warning will be issued if, in the opinion of the commissioner, the employer intends to cause harm, the violation poses a threat to public safety, or the violation involves: (1) failure to pay an employee full and on time; (2) failure to pay wages by checks on a financial institution that is not convenient to the place of employment, as required; (3) failure to pay wages in full; (4) failure to pay amounts withheld for court-ordered child support to the custodial parent;  (5) continuation of wage withholding for insurance benefits that have been cancelled; (6) illegal withholding of wages to compensate the employer for employee actions resulting in loss or damage; (7) failure to comply with provisions of law (275-A:4-a) regarding illegal aliens; or (8) requiring that employees perform any illegal activities under threat of job loss. Any person with a penalty imposed has the right to appeal (Ch. 182 (S.B. 86), L. 2011). Full text, State Employment Law Library ¶30-63,002.

New Hampshire
Plant Closings
The New Hampshire Worker Adjustment and Retraining Notification Act is amended to require employers with 100 or more employees to give at least 60 days’ advance notice of a plant closing or mass layoff. The law applies to employers with either (1) 100 or more employees, excluding part-time employees or (2) 100 or more employees who in the aggregate work at least 3,000 hours per week, exclusive of overtime hours. Currently, notice is required of employers with 75 or more employees. The change takes effect January 1, 2012. Employers must give notice written notice of a mass layoff or plant closing to affected employees and their representative; the commissioner of labor; the New Hampshire attorney general; and the chief elected official of each municipality within which the plant closing or mass layoff occurs (Ch. 146 (S.B. 121), L. 2011). Full text, State Employment Law Library ¶30-52,002.
New Hampshire
Wage Payment

In addition to any criminal penalty provided, the labor commissioner may, after hearing, impose a civil penalty of up to $2,500 for any violation of the state's labor laws or rules. The commissioner is to issue one warning to the employer and the employer will have 30 days from receipt of the warning to cure the defect causing the violation. A warning will not be issued, however, if in the opinion of the commissioner, the employer intends to cause harm, the violation poses a threat to public safety, or if the violation involves any of the following: (1) failure to pay an employee in full and on time; (2) payment of wages by checks on a financial institution that is not convenient to the place of employment; (3) failure to pay final wages in full; (4) failure to pay amounts withheld for court-ordered child support to the custodial parent; (5) continuation of wage withholding for insurance benefits that have been cancelled; (6) illegal withholding of wages to compensate the employer for employee actions resulting in loss or damage; (7) failure to comply with law prohibiting employment of illegal aliens (Sec. 275-A:4-a); (8) requiring employees to perform any illegal activities under threat of job loss. Any person with a penalty imposed has the right to appeal (Ch. 182 (S. 86), L. 2011). Full text, ¶20-46,032. Summaries, State Employment Law Library ¶30-1200.

New Jersey
Overtime

Wage and Hour Rules of the New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance, pertaining to overtime compensation are amended. Unless otherwise exempt, employees must be paid overtime at the rate of not less than one and one-half times the employee’s regular rate for each hour worked in excess of 40 hours in any week. Individuals employed in a bona fide executive, administrative, professional or outside sales capacity are exempt from this overtime requirement. Federal requirements pertaining to executive, administrative, professional and outside sales employees under 29 CFR Part 541 are adopted by reference, except for those provisions that apply solely to those individuals employed by government employers, including, but not limited to, those employed by state, county and municipal employers, since the definition of the term “employer” under New Jersey Statutes Annotated 34:11-56a1 does not include government employers (43 N.J.R. 2352(a)). Full text, State Employment Law Library ¶31-41,506, ¶31-41,507 and ¶31-41,507a.

New York
Background checks

The state has amended its Education Law in relation to permitting credit, security clearance and criminal background checks of employees of the Higher Education Services Corporation (Ch. 184 (A. 8159), L. 2011). Summaries, State Employment Law Library ¶33-9000.

New York
Overtime

Emergency rules clarifying exceptions to New York Labor Law prohibiting mandatory overtime for nurses and requiring a Nurse Coverage Plan are extended, with amendments, through November 6, 2011. Under the New York Labor Law, a health care employer can not require a professional nurse or licensed practical nurse to work more than the nurse's regularly scheduled work hours, except under certain specified conditions, namely, where there is an unexpected health care disaster; or if there is a county, state or federal declaration of emergency; or where the health care employer determines there is an unforeseen emergency affecting safe patient care, and efforts were made to have overtime covered on a voluntary basis; or where necessary to complete an ongoing medical or surgical procedure in which the nurse is actively engaged. The rules also clarify that on-call time is considered time spent working for purposes of determining if a health care employer has required a nurse to work overtime; No employer may use on-call time as a substitute for mandatory overtime. For the Nurse Coverage Plan, health care employers must implement a Nurse Coverage Plan that identifies and describes alternative staffing methods available to the health care employer to ensure adequate staffing through means other than the use of mandatory overtime, including contracts with per diem nurses, contracts with nurse registries and employment agencies for nursing services, arrangements for assignment of nursing floats, requesting an additional day of work from off-duty employees, and development and posting of a list or roster of nurses seeking voluntary overtime. The Plan must also identify the supervisors or administrators who will make the final determination as to when it is necessary to use mandatory overtime and may require a nurse to assist in making telephone calls to find a shift replacement but can not require a nurse to self-mandate overtime. Documentation of attempts to avoid the use of mandatory overtime is required. Nurse Coverage Plans must be in writing and, upon completion or amendment of the plan, must be made available to all nursing staff, or conspicuously posted in a physical location accessible to nursing staff, or through other means to ensure availability to nursing staff, such as posting on the employer's intranet website or its functional equivalent. The Nurse Coverage Plan also must be provided to the commissioner of labor or the commissioner's representative upon request. Full text, State Employment Law Library ¶33-44,551 through 33-44,557. Summaries, State Employment Law Library ¶33-1100.

New York
Smoking in the Workplace

Effective November 13, 2011, New York will prohibit smoking in outdoor areas of ticketing, boarding, or platform areas of railroad stations operated by the Metropolitan Transportation Authority or its subsidiaries (Ch. 389 (A. 5516), L. 2011). Summaries, State Employment Law Library ¶33-2700.

New York
Veterans’ Preference

Public employers are prohibited to deny employment, re-employment or any benefit of employment to any person or employee based on prospective, current or past enlistment, appointment or commission with the armed forces of the United States. Under Ch. 152, any person or employee will be afforded full enforcement rights under the laws of this state and of the United States, including the Federal Uniformed Services Employment and Reemployment Rights Act of 1994. (Ch. 153 (A. 1428), L. 2011, effective July 20, 2011). Full Text, State Employment Law Library,  ¶33-21,750.04.

North Carolina
Employment Verification

North Carolina employers with 25 or more employees will be required to verify the work authorization of newly hired employees through the use of the federal E-verify program, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law. Employers will also be required to retain the record of the verification of work authorization while the employee is employed and for one year after that. Employment verification would not be required for seasonal temporary employees who are employed for 90 or fewer days during a 12-consecutive-month period. Employment verification requirements become effective as follows: October 1, 2012, for employers that employ 500 or more employees; January 1, 2013, for employers that employ 100 or more but less than 500 employees; and July 1, 2013, for employers that employ 25 or more but less than 100 employees (Session Law 2011-263 (H. 36), L. 2011). Full text, State Employment Law Library ¶34-49,001 through 34-49,014.

North Carolina
Unemployment Insurance

The current maximum weekly benefit amount in North Carolina is $522. The current minimum is $45. Summaries, State Employment Law Library ¶34-1700.

Oregon
Background checks

The state has amended its criminal background checks law with respect to workers in adult foster homes, home health agencies and in-home care agencies (Ch. 608 (H. 2650), L. 2011). Summaries, State Employment Law Library ¶38-9000.

Oregon
Family, Medical and Parental Leaves

Employers, with six or more employees, are now required to provide leave to employees who are victims of harassment to seek legal assistance, medical treatment, or relocate as a matter of safety effective August 2, 2011. Under Ch. 687 the term “victims of harassment,’’ refers to an individual whom harassment has been committed under the public offenses statutes. Employers may require employees to provide certification such as a police report or a copy of a protective order or other evidence from a court, administrative agency or attorney that the employee appeared in or was preparing for a civil, criminal or administrative proceeding related to harassment prior to taking leave, if feasible. All records and information kept by an employer regarding a reasonable safety accommodation made for an individual are confidential and may not be released without the express permission of the individual (Ch. 687 (H. 3482), L. 2011). Full Text, State Employment Law Library ¶38-21,050.11, ¶38-21,050.12, ¶38-21,050.15 and ¶38-21,050.17.

Oregon
Jury Duty Leave

Effective January 1, 2012, it will be an unlawful employment practice if an employer who employs 10 or more persons ceases to provide health, disability, life or other insurance during the period the employee is serving or is scheduled to serve as a juror and the employee notified the employer of election to have coverage continue. Also effective January 1, 2012, an employer commits an unlawful employment practice if it discharges, threatens to discharge, intimidates or coerces an employee by reason of the employee's service or scheduled service as a juror (Ch. 118 (H. 2828), L. 2011). Summaries, State Employment Law Library ¶38-7100.

Oregon
Maximum Hours

The state’s maximum hours law has been amended to exclude firefighters and add boiler operators (Ch. 348 (H. 2040), L. 2011). Summaries, State Employment Law Library ¶38-1300.

South Carolina
Drug Testing

As part of the licensing requirements of in-home care providers, both in-home care providers and their employee caregivers must submit to both criminal background checks and drug testing. In addition, licensed care providers and their employee caregivers will also be subject to random drug testing (Act 18 (H. 3012), L. 2011). Full text, State Employment Law Library ¶42-53,013 through 42-53,020.

South Dakota
Health Insurance Benefit Coverage

The state has revised health insurance standards. No health insurer may terminate coverage of any person younger than 26, or 29 if a full-time student. Other changes relate to screening mammography and preexisting conditions (Ch. 216 (S. 43), L. 2011). Summaries, State Employment Law Library ¶43-4000.

South Dakota
Unemployment Insurance

The current maximum weekly benefit amount in South Dakota is $323, and the current minimum weekly benefit amount is $28. Summaries, State Employment Law Library ¶43-1700.

Tennessee
Fair Employment Practices

The state has revised unfair employment practice complaints. In any civil cause of action alleging discrimination under the State’s Fair Employment Practices Act, the plaintiff will have the burden of establishing a prima fade case of intentional discrimination or retaliation. If the plaintiff satisfies this burden, the burden then will be on the defendant to produce evidence that one or more legitimate, nondiscriminatory reasons existed for the challenged employment action. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of proof that he or she has been the victim of intentional discrimination or retaliation (Ch. 461 (H. 1641), L. 2011). Full Text, State Employment Law Library ¶44-20,025.311.

Tennessee
Health Insurance Benefit Coverage

Every group health insurance policy providing coverage on an expense-incurred basis, every policy or contract issued by a hospital or medical service corporation, every group service contract issued by an HMO, and every self-insured group arrangement to the extent not preempted by federal law, which is delivered, issued for delivery, or renewed in this state on or after January 1, 2012, shall provide coverage of up to $1,000 per individual hearing aid per ear, every three years, for every child covered by such policy, whether as a dependent of the policy holder or otherwise (Ch. 199 (H. 761), L. 2011). Summaries, State Employment Law Library ¶44-4000).

Tennessee
Meal and Rest Periods

A mother now has a right to breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present. Prior law specified that the child must be 12 months of age or younger (Ch. 91 (S. 83), L. 2011). Summaries, State Employment Law Library ¶44-1400.

Texas
Child Support Enforcement

Effective September 1, 2011, an employer who receives a child support order or notice shall provide to the sender, by first class mail not later than the 40th (formerly, 30th) day after the date the employer receives the order or notice, a statement that the child (1) has been enrolled in the employer’s health insurance plan or is already enrolled in another health insurance plan in accordance with a previous child support or medical support order to which the employee is subject; or (2) cannot be enrolled or cannot be enrolled permanently in the employer’s health insurance plan and provide the reason why coverage or permanent coverage cannot be provided.

Provisions relating to employee thresholds for employers remitting payments by electronic funds transfer or electronic data interchange have also been amended (Ch. 508 (H. 1674), L. 2011). Summaries, State Employment Law Library ¶45-5500.

Texas
Health Insurance Benefit Coverage

Effective January 1, 2012, health benefit plans that provide coverage for cancer treatment must 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 cancer medications that are covered as medical benefits by the plan (H. 438, L. 2011). Summaries, State Employment Law Library ¶45-4000.

Texas
Military and Emergency Services Leave

State and local government employees who are members of a state or federally authorized Urban Search and Rescue Team are entitled to a paid leave of absence for authorized training or duty for not more than 15 workdays in a fiscal year, without loss of time, efficiency rating, personal time, sick leave or vacation time. This law is amended to provide that an officer or employee of the state is entitled to carry forward from one federal fiscal year to the next the net balance of unused, accumulated leave that does not exceed 45 days. Also, state employees in the National Guard called to federal active duty in order to provide assistance to civil authorities in a declared emergency or for training for that purpose are entitled to receive paid emergency leave for not more than 22 workdays without loss of military leave or annual leave (Ch. 672 (S.B. 1737), L. 2011). Full text, State Employment Law Library ¶45-58,002 and ¶45-58,003b. Summaries, State Employment Law Library ¶45-7200.

Texas
New Hire Reporting

Texas has made changes to its new hire reporting requirements by amending relevant rules in the Texas Administrative Code. Effective September 7, 2011, an employee’s date of hire is a required data element to be reported. Under prior rule, that information could be reported as an option. Full text, State Employment Law Library ¶45-47,552 and ¶45-47,553. Summaries, State Employment Law Library ¶45-1600.

Washington
Family, Medical and Parental Leaves

The state has delayed the implementation of its family leave insurance program from October 1, 2012, to October 1, 2015 (Ch. 25 (S. 5091), L. 2011). Summaries, State Employment Law Library ¶49-7000.

Wisconsin
Child Labor

Work hour restrictions for minors in employment have been amended to match federal law. Minors 16 years of age and over may not work during hours of required school attendance. Other than that, the law no longer limits either the daily or weekly hours, or the time of day that they may work. The Department of Workforce Development still sets meal and rest times; Minors may not work longer than 6 consecutive hours without a 30-minute meal period during which they are completely relieved of duty. Minors under 16 years of age are limited to working no more than 3 hours per day on school days and no ore than 8 hours per day on non-school days. From the day after Labor Day through May 31, a minor under the age of 16 may not work longer than 18 hours in a week (Sunday through Saturday) and their work must be between the hours of 7:00 a.m. and 7:00 p.m. From June 1 through Labor Day, they may work no longer than 40 hours in a week (Sunday through Saturday) and their work must be between the hours of 7:00 a.m. and 9:00 p.m. (Act 32 (A. 40), L. 2011). Full text, State Employment Law Library ¶52-45,006, ¶52-45,019, ¶52-45,020 and ¶52-45,022.

Wisconsin
Drug Testing

A person may be disqualified from unemployment insurance benefits for a refusal without cause to submit to drug test given by a prospective employer as a condition of employment or where the prospective employer withdraws or fails to extend an offer of work due to a positive test result. An employer is to report to the Department of Workforce Development an employee's positive drug test or refusal to take such test as the Department requires or approves. The Department is to retain records relating to drug testing information for the purpose of determining eligibility for benefits (Act 32 (A. 40), L. 2011). Full text, State Employment Law Library ¶52-53,002 and ¶52-53,003.

Wisconsin
Recordkeeping/Posters

The state’s child labor law poster has been updated. Summaries, State Employment Law Library ¶51-9900.