State Employment Law Library Update
September 2013
Arizona Minimum Wage
Effective until December 31, 2013, employees of contractors providing specified services to the City of Tucson shall be paid $9.84 per hour if the contractor provides health insurance benefits, and $11.07 per hour if the contractor does not provide health insurance benefits. Summaries, State Employment Law Library ¶3-1000.
California Background Checks
The state’s Education Code has been amended with respect to certificated school employees, allegations of misconduct, and reports to the Commission on Teacher Credentialing (Ch. 232 (A. 449), L. 2013). Summaries, State Employment Law Library ¶5-9000.
Additionally, the state’s Penal Code has been amended to authorize a community youth athletic program to request state and federal level criminal offender record information and subsequent arrest notification for volunteer coaches and hired coach candidates (Ch. 146 (A. 465), L. 2013). Full text, State Employment Law Library ¶5-23,604.08.
California Child Labor
A provision of the California Family Code regulates certain contracts for artistic employment between an unemancipated minor and third parties, including employment as an actor, dancer, musician, comedian, singer, stunt-person, voice-over artist, or sports player. This law requires the employer to set aside 15 percent of a minor’s gross earnings and provides for the establishment of a trust to preserve a portion of the minor’s gross earnings for the minor. This law is amended effective January 1, 2014, to exempt an employer of a minor under a contract for services as an extra, background performer, or in a similar capacity from the requirement that the employer set aside 15 percent of the minor’s gross earnings in trust (Ch. 102 (A. 533), L. 2013, enacted August 13, 2013). Full Text, State Employment Law Library ¶5-45,140. Summaries, State Employment Law Library ¶5-1500.
California Disaster and Emergency Services Volunteer Leaves
California’s Labor Code requires employers with 50 or more employees to permit an employee who is a volunteer firefighter to take a leave of absence not to exceed an aggregate of 14 days in a calendar year for the purpose of engaging in fire or law enforcement training. This law is amended January 1, 2014, to require those employers to permit an employee who performs emergency duty as a volunteer firefighter, reserve peace officer, or as emergency rescue personnel to take the leave of absence for purposes of engaging in fire, law enforcement or emergency rescue training (Ch. 120 (A. 11), L. 2013). Full Text, State Employment Law Library ¶5-58,202. Summaries, State Employment Law Library ¶5-7200.
California Fair Employment Practices
California has enacted a new law clarifying that for purposes of claims filed under the California Fair Employment and Housing Act (FEHA), a plaintiff need not show that sexually harassing conduct was motivated by sexual desire.
The legislation was introduced for the express purpose of overturning a California Appeals court decision, Kelley v. Conco Companies, 196 Cal.App.4th 191 (2011), which had been construed to require that a plaintiff must show sexual desire on the part of the alleged harasser in order to succeed on a same-sex harassment claim.
The bill’s author, California Senate Majority Leader Ellen M. Corbett (D-East Bay), pointed out that the Kelley decision had directly contradicted a sister appeals court ruling and “ignored key provisions of the leading [U.S.] Supreme Court decision on same-gender sexual harassment, Oncale v. Sundowner Offshore Services, Inc. (1998).” As a result, there was confusion as to what plaintiffs were required to show in same-sex harassment claims asserted under the FEHA. “This bill would overturn the decision in Kelley … and clarify that sexual harassment under [FEHA] does not require proof of sexual desire towards the plaintiff,” Corbett said.
(Ch. 88 (S. 292), L. 2013). Full text, State Employment Law Library ¶5-20,025.40. Summaries, State Employment Law Library ¶5-2500.
California Garment Manufacturing
The California Labor Code requires that every person engaged in the business of garment manufacturing must register with the Labor Commissioner and must display his or her name, address and garment manufacturing registration number on the front entrance of the business. Effective January 1, 2014, garment manufacturers who fail to display his or her name, address and garment manufacturing number on the front entrance to the business will be subject to a civil penalty: for an initial citation, $100 for each calendar day of noncompliance; and for any subsequent citation, $200 for each calendar day for noncompliance (A. 1384, L. 2013, enacted September 9, 2013). Full Text, State Employment Law Library ¶5-43,212a.
California Minimum Wage
The following jurisdictions have adjusted their living wage rates for 2013: Berkeley, Fairfax, Petaluma, Richmond and San Leandro. Summaries, State Employment Law Library ¶5-1000.
California Recordkeeping Requirements
The state’s Social Security number privacy law has been amended to allow specified adult state correctional facilities and jails to release an inmate's Social Security number, with the inmate's consent and upon request by the county veterans service officer or the United States Department of Veterans Affairs, for the purposes of determining the inmate's status as a military veteran and his or her eligibility for federal, state, or local veterans' benefits or services (Ch. 103 (A. 555), L. 2013). Summaries, State Employment Law Library ¶5-9900.
California Veterans’ Preference
The state’s Government Code has been amended with respect to veterans’ preference in public employment. The definition of “entrance examination” for purposes of allowing preference points has been amended, and the procedure for providing proof of eligibility for veterans' preference credits has also been modified. Other technical and conforming changes were also made (Ch. 75 (A. 372), L. 2013). Full text, State Employment Law Library ¶5-21,750.01; ¶5-21,750.02; ¶5-21,750.03; ¶5-21,750.031; ¶5-21,750.035; ¶5-21,750.04; ¶5-21,750.045; ¶5-21,750.05; ¶5-21,750.06; ¶5-21,750.07; and ¶5-21,750.08.
Colorado Discrimination in Public Works Contracts
The state has enacted a law modifying procurement requirements for government contracts related to U.S. domestic employment (H. 1292, L. 2013).
Full text, State Employment Law Library ¶6-23,300.01; ¶6-23,300.03; and ¶6-23,300.04.
Connecticut Minimum Wage
Living wage rates for Manchester and Hartford have been adjusted. Summaries, State Employment Law Library ¶7-1000.
Connecticut Minority Business Enterprises
The state has amended its law relating to the certification of minority business enterprises (P.A. 13-304 (S. 430), L. 2013, effective October 1, 2013). Full text, State Employment Law Library ¶7-23,301.01.
Delaware Emergency Services Leaves
The Volunteer Emergency Responders Job Protection Act prohibits an employer from terminating or taking any other disciplinary action against an employee who is a volunteer emergency responder if such employee, when acting as a voluntary emergency responder, is absent from his or her place of employment to respond to a Governor-declared state of emergency lasting up to seven days or to a President-declared national emergency lasting up to 14 days. The Act further prohibits an employer from terminating or taking any other disciplinary action against an employee who misses work due to injury sustained when acting as a volunteer emergency responder. This law applies to employers with 10 or more employees (Ch. 180 (H. 21), L. 2013). Full Text State Employment Law Library ¶8-58,204 through ¶8-58,211. Summaries, State Employment Law Library, ¶8-7200.
Delaware Fair Employment Practices
It is an unlawful employment practice for an employer to discriminate in the hiring or discharging of an individual because of such individual’s service membership in a volunteer emergency responder organizer. “Volunteer emergency responder” means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, volunteer emergency medical technician and/or volunteer fire police officer (Ch. 181 (H. 22), L. 2013). Full Text, State Employment Law Library ¶8-58,212 and ¶8-58,213. Summaries, State Employment Law Library ¶8-2500.
Florida Minimum Wage
The living wage rate for Palm Beach County will increase to $11.64 per hour (up from $11.40 per hour) effective October 1, 2013. Summaries, State Employment Law Library ¶10-1000.
Idaho Background Checks
Rules relating to criminal history and background checks have been amended, effective July 1, 2013. Full text, State Employment Law Library ¶13-23,650.51; ¶13-23,650.85; and ¶13-23,650.119.
Illinois Background Checks
The state has enacted a law amending its provisions relating to criminal background checks for child care facility workers (P.A. 98-570 (S. 1599), L. 2013). Full text, State Employment Law Library ¶14-23,600.21.
Illinois Employment Verification/Immigration
References to the “Basic Pilot Program” have been changed to the “E-Verify Program” (P.A. 98-212 (H. 1370), L. 2013). Full text, State Employment Law Library ¶14-20,026.02. Summaries, State Employment Law Library ¶14-2500.
Illinois Fair Employment Practices
A person experiencing homelessness has the right not to face discrimination while maintaining employment due to his or her lack of permanent mailing address, or his or her mailing address being that of a shelter or social service provider (P.A. 98-516 (S. 1210), L. 2013). Summaries, State Employment Law Library ¶14-2500.
Illinois Maximum Hours
A provision of the Illinois Vehicle Code placing limits on the amount of time the owner of a motor vehicle can require an employee to operate a motor vehicle of a second division (designed to carry more than 10 persons, those designed or used for living quarters and those designed for pulling or carrying property, freight or cargo or school busses) is repealed effective January 1, 2014 (P.A. 98-512 (S. 925), L. 2013, enacted August 19, 2013). Full Text, State Employment Law Library ¶14-44,052.
Illinois Military Leave
The Military Leave of Absence Act has been amended to provide that any full-time employee of a public institution of higher education who is a member of any reserve component of the United States Armed Forces or any reserve component of the State Militia shall be granted leave from his or her public employment for any period actively spent in military service. Compensation for military activities, as well as for service as a public employee, must be based on a specified daily rate (P.A. 98-347 (S. 2163), L. 2013). Full Text, State Employment Law Library ¶14-58,013. Summaries, State Employment Law Library ¶14-7200.
Illinois Prevailing Wages
New recordkeeping requirements are added to the Prevailing Wage Act.
Effective January 1, 2014, contractors will be required to record certain information for each worker, including gross and net pay, start and stop times for each work day, the hourly wage rate, hourly overtime rate, and hourly fringe benefit rate. Such records must be retained for at least three years from the date of the last payment on a contract. Public works employers will also need to file a certified payroll for the preceding month, no later than the fifteenth day of each calendar month, with the public body in charge of the project containing a complete copy of the records. Also, subject to appropriation, the Department of Labor is to develop and maintain an electronic database capable of accepting and retaining certified payrolls, with the forms to be provided by the Department that are fillable and designed to accept electronic signatures (P.A. 98-482 (H. 3223), L. 2013). Full Text, State Employment Law Library ¶14-50,003, ¶14-50,006 and ¶14-50,006a.
Illinois Social Media Privacy
The Right to Privacy in the Workplace Act has been amended to provide that nothing in certain provisions prohibiting an employer from requiring an employee to provide a password or other social networking account information shall prohibit or restrict an employer from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications as required under insurance laws or federal law or by a self-regulatory organization as defined in the Securities Exchange Act (P.A. 98-501 (S. 2306), L. 2013, effective January 1, 2014). Full text, State Employment Law Library ¶14-21,350.10. Summaries, State Employment Law Library ¶14-9000.
Illinois Violence in the Workplace
Illinois Governor Pat Quinn has signed the Workplace Violence Prevention Act into law. The Act is intended to assist employers in protecting their workforce, customers, guests and property by limiting access to workplace venues by potentially violent individuals.
The Act, which will take effect January 1, 2014, will allow a public or private employer that has at least five employees during any workweek to seek an order of protection to prohibit further violence or threats of violence by a person if: (1) an employee has suffered unlawful violence or a credible threat of violence from the person; and (2) the unlawful violence has been carried out at the employee's place of work or the credible threat of violence can reasonably be construed to be carried out at the employee's place of work by the person (P.A. 98-430 (H. 2590), L. 2013). Full Text, State Employment Law Library ¶14-59,024 through ¶14-59,031. Summaries, State Employment Law Library ¶14-3300.
Illinois Wage Payment
Effective January 1, 2014, the Illinois Wage Payment and Collection Act is amended to provide that employers ordered or demanded by the Department of Labor or by the court to pay wages, final compensation or wage supplements due an employee will be required to pay a non-waivable administrative fee to the Department in an amount of $250 if the amount of wages ordered as wages owed is $3,000 or less; $500 if the amount ordered as wages owed is more than $3,000 but less than $10,000; and $1,000 if the amount ordered as wages owed is $10,000 or more. Currently, such employers would be subject to an administrative fee of $250 (P.A. 98-527 (S. 1568), L. 2013). Full Text, State Employment Law Library ¶14-46,011 and ¶14-46,014. Summaries, State Employment Law Library ¶14-1200.
Louisiana Background Checks
The state has amended its law relative to the type of information provided to an institution of postsecondary education requesting criminal history information for an applicant or prospective employee (Act 133 (H. 167), L. 2013). Full text, State Employment Law Library ¶19-23,601.53. Summaries, State Employment Law Library ¶19-9000.
Maine Wage Payment
Employees can not be required to pay for employer-required or ordered medical examinations. This law is amended effective October 1, 2013, to provide that an employer may pay for employer-required or ordered medical exams directly or through group health insurance coverage of the employee or may pay in another manner, as long as the employee is not required to bear the expense of that examination, including but not limited to copayments or other out-of-pocket expenses (Ch. 363 (S. 559; L.D. 1498), L. 2013). Full Text, State Employment Law Library ¶20-46,021b.