State Employment Law Library Update

April 2014

California Minimum Wage

Effective July 1, 2014, minimum compensation at the Norman Y. Mineta San Jose International Airport will be $14.13 per hour if minimum health insurance benefits are provided, and $15.38 per hour if minimum health insurance benefits are not provided. Summaries, State Employment Law Library ¶5-1000.

Also, the San Diego living wage rate will be $14.17 per hour ($11.80 plus $2.37 per hour in health benefits), effective July 1, 2014, through June 30, 2015. The current rate is $13.99 per hour ($11.65 plus $2.34 per hour in health benefits). Summaries, State Employment Law Library ¶5-1000.

Colorado Background Checks

The Employment Opportunity Act has been amended to add employment positions held at financial institutions to the circumstances under which an employer may use consumer credit information for employment purposes (S. 102, L. 2014). Full text, State Employment Law Library ¶6-24,025.01.

Connecticut Minimum Wage

The minimum wage will increase to $9.15 per hour on January 1, 2015, to $9.60 per hour on January 1, 2016, and to $10.10 per hour on January 1, 2017, or to one-half of one percent, rounded to the nearest whole cent, more than the highest federal minimum wage, whichever is greater. Learners, beginners and persons under the age of 18 may be paid 85 percent of the minimum wage, for the first 200 hours of employment, and then must be paid the minimum wage after that (P.A. 14-1 (S. 32), L. 2014, enacted March 27, 2014). Full text, State Employment Law Library ¶7-41,001. Summaries, State Employment Law Library ¶7-1000.

Idaho Veterans Preference

Effective July 1, 2014, a private, nonpublic employer may give preference in the hiring and promotion of employees to those who are eligible for public employment preferences (S. 1316, L. 2014). Full text, State Employment Law Library ¶13-21,750.13.

Indiana Fair Employment Practices

Effective July 1, 2014, Indiana will prohibit an employer from discriminating against a prospective employee on the basis of status as a veteran by (1) refusing to employ an applicant for employment on the basis that the applicant is a veteran of the armed forces of the United States; or (2) refusing to employ an applicant for employment on the basis that the applicant is a member of the Indiana National Guard or a member of a reserve component (H. 1242, L. 2014). Full text, State Employment Law Library ¶15-20,025.02; ¶15-20,025.03; ¶15-20,025.06; and ¶15-21,450—¶15-21,450.15. Summaries, State Employment Law Library ¶15-2500.

Indiana Guns at Work

The state has amended its law relating to storage of firearms and ammunition in vehicles, effective July 1, 2014 (P.L. 157 (S. 229), L. 2014). Full text, State Employment Law Library ¶15-20,026.02. Summaries, State Employment Law Library ¶15-3300.

Indiana Smoking in the Workplace

The law prohibiting smoking in public places and in places of employment has been amended to clarify that an owner, operator, manager or official in charge of a place where smoking is allowed is not subject to the requirement to post a no-smoking sign. Exceptions have also been clarified with respect to businesses where food or beverages are not sold in a manner that requires consumption on the premises (H. 1116, L. 2014, effective July 1, 2014). Summaries, State Employment Law Library ¶15-2700.

Maine Background Checks

The state has amended its background checks law relating to teachers. Those applying for certification, authorization, approval or renewal will be subject to a check of their public (formerly, confidential) criminal history record information (P.L. 507 (S. 709), L. 2013, enacted April 3, 2014). Full text, State Employment Law Library ¶20-23,600.02. Summaries, State Employment Law Library ¶20-9000.

Maine Emergency Services Leave

Maine Governor Paul LePage has signed a law protecting municipal fire department members from being discharged or having disciplinary action taken against them by their employers for responding to emergencies, effective March 16, 2014. Prior law extended such protection to volunteer firefighters only. In the law’s emergency preamble, it is noted that many volunteer fire departments are becoming municipal fire departments (Public Law 477 (H. 1194), L. 2014). Summaries, State Employment Law Library ¶30-7200.

Maryland Child Labor

The law relating to work permits has been amended to allow a parent or guardian to apply for a work permit by completing an online application. The Commissioner of Labor and Industry may issue a work permit after reviewing the online application (Ch. 100 (H. 467), L. 2014, enacted April 8, 2014, and effective October 1, 2014). Full text, State Employment Law Library ¶21-45,006. Summaries, State Employment Law Library ¶21-1500.

Minnesota Minimum Wage

On April 14, 2014, Governor Mark Dayton signed a bill into law raising Minnesota’s minimum wage for the first time since 2005. The bill (HF2091/SF1775) increases the minimum wage to $9.50 per hour by 2016, and indexes it to inflation to ensure Minnesotans’ wages keep up with the cost of living.

Before Dayton signed the increase into law, at $6.15 per hour, Minnesota had one of the lowest minimum wages in the nation - lower than neighboring Wisconsin, Iowa, North Dakota, and South Dakota. In fact, Minnesota was one of only four states in the country with a minimum wage below the national rate of $7.25 per hour.

The new law phases in increases in the minimum wage over the next several years. To help small businesses, the bill also establishes lower minimum wage requirements for small employers and young workers. Starting in 2018, Minnesota’s minimum wage will be indexed to inflation to help ensure Minnesotans’ wages keep up with the cost of living. For a chart detailing the increases and a timeline of the changes, go to http://mn.gov/governor/newsroom/pressreleasedetail.jsp?id=102-126251. (Office of Governor Mark Dayton Press Release, April 14, 2014).

Mississippi Religious Discrimination

The Mississippi Religious Freedom Restoration Act, which largely tracks the federal Religious Freedom Restoration Act (RFRA), will take effect July 1, 2014. Specifically, S. 2681 provides that the government may substantially burden a person’s exercise of religion only when it demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and it is the least restrictive means of furthering that compelling interest.

The Mississippi law, like the federal RFRA, also provides that a person whose religious exercise has been burdened in violation of the law’s provisions can assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the government. As in the federal law, standing to assert a claim or defense is the same as the general rules of standing under Article III of the U.S. Constitution.

S. 2681 also expressly states that it does not “create any rights by an employee against an employer if the employer is not the government” (S. 2681, L. 2014). Summaries, State Employment Law Summaries ¶25-2900.

Missouri Breastfeeding Rights

The state has enacted a law providing that a mother may breastfeed her child or express breast milk in any public or private location where the mother is otherwise authorized to be. Prior law did not specifically address the right to express breast milk (H. 1320, L. 2014). Full text, State Employment Law Library ¶26-22,650.01. Summaries, State Employment Law Library ¶26-1400.

Missouri Health Insurance Benefit Coverage

Effective January 1, 2015, any health benefit plan that provides coverage and benefits for cancer treatment shall provide coverage of prescribed orally administered anticancer medications on a basis no less favorable than intravenously administered or injected anticancer medications (S. 668, L. 2014). Summaries, State Employment Law Library ¶26-4000.

Nebraska Background Checks

The Developmental Disabilities Services Act has been amended with respect to background checks and fingerprinting (L.B. 728, L. 2013, enacted and effective March 28, 2014). Summaries, State Employment Law Library ¶28-9000.

Nebraska Wage Payment

The Nebraska Wage Payment and Collection Act has been amended to require employers, on regular paydays, to provide employees with a wage statement that shows, at a minimum, the identity of the employer, the hours for which the employee was paid, the wages earned by the employee, and deductions made for the employee. Statements can be made available by mail, electronically or at the workplace during employment hours for all shifts. The employer is not required to provide information on hours worked for employees who are exempt from federal overtime requirements unless the employer has established a policy or practice of paying to or on behalf of exempt employees overtime, or bonus or a payment based on hours worked, in which case the employer is to provide a statement to exempt employees showing hours worked or payments made. Employers who fail to furnish the required wage statements commit an infraction and will be subject to a fine.

In addition, new provisions have been added to provide that the Commissioner of Labor has authority to enforce the Act, including the authority to subpoena and inspect records, subpoena witnesses and gather testimony, and issue citations when investigation reveals the employer may have violated the Act. When a citation is issued, the Commissioner must notify the employer of proposed administrative penalties, which are limited to no more than $500 for a first violation and no more than $5,000 for a second or subsequent offense. Employers have 15 working days to contest the citation or penalty (L. 560, approved April 2, 2014, with effective date pending; Nebraska bills generally take effect three months after adjournment of the current state legislature). Full text, State Employment Law Library ¶28-46,001, ¶28-46,001a, ¶28-46,001b, ¶28-46,003, ¶28-46,004. Summaries, State Employment Law Library ¶28-1200.

Nevada Minimum Wage

In Nevada, the minimum wage rate for employees of employers who provide qualified health insurance benefits is currently $7.25 per hour, and employers who do not provide qualified health insurance benefits must pay employees a minimum wage of $8.25 per hour. These rates apply to all employees in the state of Nevada unless otherwise exempt. These rates will remain unchanged on July 1, 2014.

The 2006 Minimum Wage Amendment to the Nevada Constitution requires the minimum wage to be recalculated each year. The rates are adjusted annually by comparing the amount of increases in the federal minimum wage over $5.15 per hour, or, if greater, by the cumulative increase in the cost of living. Any rate adjustments are to be published in a bulletin by April 1 of each year, to take effect on July 1.

According to Labor Commissioner Thoran Towler, who made the announcement in an April 1, 2014, press release, “While the cost of living adjustment for this year increased over last year, it is still less than the $2.10 increase in the federal minimum wage that went into effect in 2009.” (State of Nevada Department of Business and Industry Press Release, April 1, 2014, http://www.laborcommissioner.com/min_wage_overtime/Minimum%20Wage%20Rates%20Unchanged%20for%202014%20(press%20release).pdf; and State of Nevada Minimum Wage 2014 Annual Bulletin, April 1, 2014, http://www.laborcommissioner.com/min_wage_overtime/2014%20Annual%20Bulletin%20-%20Minimum%20Wage.pdf). See Section 16 of Article 15 of the Constitution of the State of Nevada. Full text, State Employment Law Library ¶29-41,001. Summaries, State Employment Law Library ¶29-1000.

Nevada Overtime

Nevada Labor Commissioner Thoran Towler announced in an April 1, 2014, press release that the threshold for the state’s daily overtime requirement will remain unchanged on July 1, 2014. Nevada requires daily overtime in addition to the more familiar requirement of overtime for more than 40 hours in a workweek.

Specifically, Nevada requires employers to pay one and one-half times the employee’s regular rate whenever an employee who is paid less than one and one-half times the applicable minimum wage rate works more than 40 hours in any workweek or more than eight hours in any workday, unless otherwise exempt.

“Nevada’s daily overtime requirement is tied to the minimum wage,” Towler said. “As the minimum wage goes up, so does the daily overtime requirement. Since the minimum wage is not increasing this year, the daily overtime will remain the same as well.”

Employees who receive qualified health benefits from their employer 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 Press Release, April 1, 2014, http://www.laborcommissioner.com/min_wage_overtime/Minimum%20Wage%20Rates%20Unchanged%20for%202014%20(press%20release).pdf; and State of Nevada Daily Overtime 2014 Annual Bulletin, April 1, 2014, http://www.laborcommissioner.com/min_wage_overtime/2014%20Annual%20Bulletin%20-%20Daily%20Overtime.pdf). See Section 608.018. Full text, State Employment Law Library ¶29-44,012. Summaries, State Employment Law Library ¶29-1100.

New Jersey Paid Sick Leave

The City of Newark has enacted an ordinance requiring employers in the city to provide a minimum number of days of paid sick leave to their employees, effective May 28, 2014 (File #13-2010). Summaries, State Employment Law Library ¶31-7000.

New York Paid Sick Leave

The first law to which the new mayor of New York City, Bill de Blasio, affixed his signature is the expanded version of the city’s new paid sick leave law, known as the Earned Sick Time Act (ESTA). Under the new law, effective April 1, 2014, businesses with five or more employees are required to provide up to 40 hours of paid sick time to employees who work 80 or more hours per calendar year. Under the prior version of the law, the threshold number of employees was 15. However, the New York City Council reduced that threshold to five, among other things, by a vote of 46-5 on February 26, 2014. Businesses with less than five employees are required to provide the same amount of sick time to employees who work at least 80 hours a calendar year, but on an unpaid basis (Law 2014/007, enacted March 20, 2014). Full text, State Employment Law Library ¶33-23,000.02; ¶33-23,000.03; ¶33-23,000.09; ¶33-23,000.10; ¶33-23,000.14; and ¶33-23,000.15. Summaries, State Employment Law Library ¶33-7000.

New York Veterans Employment Act

The effective date of the Veterans Employment Act has been changed to July 9, 2014 (Ch. 6 (A. 8397), L. 2014). The Veterans’ Employment Act, which was added to the New York Executive Law as Article 17-A, Sections 369 through 369-e, by Ch. 557 (S. 5504), L. 2013, provides employment opportunities for returning military veterans by making it a state policy to use honorably discharged veterans for temporary appointments in state agencies. The Act was originally scheduled to take effect on January 10, 2014. Full text, State Employment Law Library ¶33-21,751.