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Monthly Labor Review January 2003 3

State Labor Laws, 2002

State labor legislationenacted in 2002

States enacted important labor legislation in 2002covering a variety of employment standards. Minimumwage rates were increased in a number of States, a first-

in-the-Nation law provided for paid family and medical leave,changes were made in several child labor laws including arevised prohibition on door-to-door sales, and several Statesenacted legislation to protect the jobs of reserve or guardmembers returning from active duty.

Trends continued with additional States placing limits onmandatory overtime for nurses, banning employmentdiscrimination on the basis of genetic testing, providingimmunity from liability for furnishing information on jobperformance, providing job protection for crime victims andvictims of sexual assault, and addressing issues of workplaceviolence and security.

Six State legislatures did not meet in regular session in2002, and some met only for budget purposes.1

This article summarizes significant State labor legislationenacted in 2002. It does not, however, cover legislation onoccupational safety and health, employment and training,labor relations, employee background clearance, economicdevelopment, and local living wage ordinances. Articlesreporting on changes in unemployment insurance andworkers’ compensation laws appear elsewhere in this issue.

Wages. Minimum wage rates increased as the result of newlegislation in Alaska and Connecticut and as the result of a

successful ballot measure in Oregon. Rates also increased inCalifornia, Connecticut, Hawaii, and Maine as the result ofprevious laws, and in Washington as the result of a prior ballotmeasure. Alaska became the first State to provide for an indexedminimum wage rate through legislation (the Washington rate isindexed as the result of a 1998 ballot measure). The Oregoninitiative also provides for an indexed rate.

As of January 1, 2003, minimum wage rates were higherthan the Federal standard in Alaska, California, Connecticut,Delaware, the District of Columbia, Hawaii, Maine,Massachusetts, Oregon, Rhode Island, Vermont, andWashington. Of the 43 States with minimum wage laws, only3 have rates lower than the Federal rate of $5.15 per hour.2

A law prohibiting political subdivisions from establishinga minimum wage that exceeds the Federal minimum wage wasenacted in South Carolina.

Hawaii increased the amount of guaranteed monthlycompensation required to exempt an individual from minimumwage, overtime, and recordkeeping requirements, and NewYork amended its minimum wage and payment of wages lawsto cover limited liability companies.

Prevailing wage laws pertaining to public worksconstruction projects currently exist in 32 States and theFederal Government. Several measures were enacted in 2002with some strengthening and with others weakening existinglegislation. Laws enacted in New Jersey and West Virginia,and ballot measures approved in California, expandedcoverage to include additional authorities or agencies. Aseparate measure amended the California law to provide anew exemption. The dollar threshold amount for coveragewas increased administratively in Wisconsin.

Mininum wage rate increases, limits on overtimefor nurses, paid family and medicalleave, workplace security, and military re-employment rightswere among major legislation enacted during the year

Richard R. Nelson is a State standards advisor in the Division ofExternal Affairs, Wage and Hour Division, Employment StandardsAdministration, U.S. Department of Labor.E-mail: [email protected]

Richard R. Nelson


4 Monthly Labor Review January 2003

A law was enacted in Guam providing for prevailing wagesand benefits under service and other contracts let by theTerritory.

Other significant actions include issuance of an executiveorder in New Jersey authorizing project labor agreements,provision in Connecticut for prevailing wage rates to beadjusted annually, provision in Maryland for contractors andsubcontractors to be jointly and severally liable for paymentviolations, and the adoption of more comprehensiveregulations in Montana.

Amendments were also made concerning debarmentprovisions in New York, frequency of surveys in Washington,contractor compliance requirements in Hawaii, and hearingand recordkeeping requirements in Illinois.

A new equal pay law was adopted in Vermont, and Wyomingauthorized a study of the disparity of wages and benefits.

Other important wage legislation included a Kentucky lawthat allows compensatory time in lieu of paid overtime forcounty employees; new overtime payment exceptions inIllinois, Kentucky, and Maine; new or increased penalties forviolation in New York, Oklahoma, and the Virgin Islands; arevision in enforcement authority in Rhode Island; and arequirement in California for a minimum level of wages foremployees to be included in personal services contractsentered into by State agencies.

Overtime limits. A recent trend is continuing with Maryland,Minnesota, New Jersey, and Washington placing limits onmandatory overtime for nurses. These laws join similarmeasures enacted in Maine and Oregon in 2001.

Family issues. In a ground-breaking legislativedevelopment, California became the first State to provide forpaid family and medical leave. Bills of this kind have beenintroduced in a number of States over the last 3 years,including some in 2002, but the California measure is the firstto be enacted. Maine and New Mexico enacted legislationcalling for studies of the benefits and costs of providing paidfamily and medical leave.

In other developments, Guam enacted a paternity leaveprovision and employers in Puerto Rico are to give priority inprocessing flexible work schedule requests to women withminor children and to single parents with custody of theirchildren. Significant amendments were made expandingcoverage of the Washington law requiring employers to allowuse of sick leave in the event of family members’ serioushealth conditions. Separate measures enacted in Maine addorgan donation to the reasons allowed for family leave, andprovide leave to attend to medical treatment for a victim ofviolence who is an employee’s child, parent, or spouse.

Child labor. Child labor continued as a major subject oflegislative concern, with bills introduced in more than one-

half of the States. Several important changes were made inthe West Virginia law, including conforming the hours,nightwork, and prohibited hazardous occupations orders toFederal law and increasing penalties for violations. Missourinow prohibits door-to-door sales by minors under age 16.Such sales also will be prohibited in Pennsylvania unlesscertain conditions are met. An Ohio law revises certificaterequirements and requires the electronic filing of age andschooling certificates. Kentucky adopted new regulationschanging permitted hours of employment and requiring thathours restrictions apply to school dropouts under age 18.

Laws easing restrictions were enacted in Illinois permitting12- and 13-year-olds to be employed to officiate certain youthsports activities, in Massachusetts permitting the operationof golf carts on golf courses, and in Alaska where employersmay now get advance approval for hiring minors in lieu ofindividual advance written authorization.

Agriculture. A comprehensive farm labor contractorregistration act was passed in Idaho. Several revisions weremade in the Nebraska law including changes pertaining toexemptions and application and renewal fees and addition ofa requirement that a bilingual employee be available undercertain circumstances. Florida placed new restrictions ondeductions from wages for any tools, equipment,transportation, or recruiting fees that are for the benefit ofthe employer.

Apparel industry. The apparel industry continues to be anarea of interest and concern. The governor in New Jerseyissued an executive order specifying that public bodiespurchasing apparel are to require that all production beperformed in the United States and that all labor laws arecomplied with. A New York State Apparel Workers Fair LaborConditions and Procurement Act also requires that laborstandards and working conditions be considered by Stateagencies, universities, and community colleges whenpurchasing apparel. New York also enacted requirements forthe posting, at the worksite, of wage payment requirementsand labor department contact information.

Equal employment opportunity. Hawaii, Utah, and Virginiajoined the more than one-half of the States who havepreviously enacted legislation banning employmentdiscrimination against individuals based on geneticcharacteristics, genetic information, or test results. Theexisting law in Rhode Island was amended.

Among other measures that were enacted banning variousforms of employment discrimination, changes were made inArizona’s civil right’s laws adding various protectionsprovided by Federal law and adding mental impairment to thedefinition of disability, New York made amendments to its lawprotecting the right of employees to practice their religion,


and New Jersey and New York made it unlawful for anemployer to discriminate against an employee for wearingthe American flag or displaying it at his or her work station.

Worker privacy. Laws were enacted providing for theconfidentiality of employee information for reproductive healthcare services providers in California, for dependents of Stateemployees in Minnesota, and for at-risk government employeesin Utah. Washington made it unlawful to sell, publish orotherwise release the home address or other private informationof any law enforcement-related employee or volunteer.

Measures authorizing the disclosure of information about acurrent or former employee to a prospective employer wereenacted in Minnesota, and California now allows current orformer employers to answer whether or not they would rehiresomeone.

Connecticut made it unlawful for an employer to requirean employee or applicant to disclose the existence of anyarrest, criminal charge, or conviction, the records of whichhave been erased. Licensed health care facilities inMississippi were protected from liability for requiring felonyconviction information from employees and applicants.

Workplace violence and security. In an emerging areaaddressing issues of workplace violence and security, Floridacounties and municipalities were authorized to require thescreening of employees or applicants in positions critical tosecurity or public safety. California extended time limits for filinga complaint under the law providing that State residents havethe right to be free from any violence committed because offactors including race, color, or religion. Guam and New Jerseyestablished task forces to study workplace violence and, inVirginia, an employee who reports threatening conduct by a co-worker will be immune from all civil liability that might otherwisebe incurred because of making such a report.

Employee leasing. The term “professional employerorganization” has replaced “employee leasing firm” in somerecent legislation. New comprehensive professional employerregistration acts were enacted in New York and Oklahoma.Several amendments were made to the Utah law includingremoving references to “employee leasing company” and“leased employee.” Tennessee amended its law to specifythat a client will be jointly liable with a staff leasing companyfor State unemployment insurance premiums.

Private employment agencies. A law was enacted inMassachusetts to limit the amount of fees that staffingagencies may charge employees for transportation. Amongamendments to other laws, coverage of the Illinois day laborservices act was expanded to include temporary laborservices, and several changes were made in the Hawaii law

regulating commercial employment agencies and in theMinnesota law regulating supplemental nursing servicesagencies.

Plant closing/displaced workers. California employers of75 or more employees must now give 60 days written noticeof a mass layoff, relocation, or termination involving 50 ormore persons. Another California measure provides that thejobs of laid-off workers are not to be filled with welfare-to-work program participants. The department of labor in Maineis to adopt rules to implement the law governing theseverance pay paid by employers who close or relocate.

Whistleblowers . Among whistleblower protectionmeasures enacted, a comprehensive Health Care WorkerWhistleblower Protection Act was adopted in Maryland, anda section relating to the prohibition of retaliatory personnelactions against health care employees was added to the NewYork labor law.

Military re-employment rights. Following the events ofSeptember 11, 2001, several States enacted legislation relatedto reinstatement rights of reserve or guard members returningfrom active duty. Many of these measures amended laws toprovide State guard members with the same rights asprovided to those called for Federal duty.

State labor departments. In California, a Labor andWorkforce Development Agency was created consisting ofthe Department of Industrial Relations, the EmploymentDevelopment Department, the Agricultural Labor RelationsBoard, and the Workforce Investment Board. A Departmentof Workforce Services was created in Wyoming to beresponsible for programs including displaced workereducation and training, public employment offices, andveteran’s employment services. The Florida Department ofLabor and Employment Security was eliminated and itsresponsibilities and functions transferred to other agencies.

Other laws. Among other laws enacted, job protectionfor election officers on election day was provided for inDelaware and a similar law was amended in Alabama. Jobprotection was also provided in Connecticut for crimevictims who attend court proceedings, in California forvictims of sexual assault, and in Kentucky for rescue squadmembers, peace officers, and emergency medicaltechnicians. Puerto Rico established a sports leave-without-pay policy for athletes in training and for trainers.

Utah will provide paid leave for State employees whoare organ or bone marrow donors, and Vermont establisheda disaster rel ief workers fund to provide wagereimbursement.

New laws in California provide that local labor standards



be enforced on projects receiving assistance from a Stateagency, that employees may disclose information regarding theirworking conditions, and that labor laws are to be enforced withoutregard to an individual’s immigration status. West Virginia made

it unlawful to employ an alien who is not authorized to work byimmigration laws or the U.S. Attorney General.

The following is a summary, by jurisdiction, of laborlegislation enacted in 2002.

bankruptcy. The resolution urges LTVCorp. officials to honor all contractualobligations including, but not limited to,continued health insurance coverage to itsemployees and former employees. Otherlaws. The State enacted a law extendingactive duty military rights and protectionsto members of the State National Guardcalled or ordered by the Governor to Stateactive duty for 30 or more consecutive daysfor emergencies, or called or ordered by theGovernor to federally funded duty forhomeland security. The law states that theprovisions of the Federal Soldiers andSailors Civil Relief Act and the FederalUniformed Services Employment andReemployment Rights Act apply whenmembers of the State Guard are called up inthe above circumstances. Additionally, whenany public employee is called to activeservice during the war on terrorism, whichcommenced in September 2001, theemployee shall receive from his or heremploying department or agencycompensation equal to the differencebetween the lower active duty pay and thehigher public salary which they would havereceived if not called to active service. Whileon active service, employees may continuetheir individual or dependent healthinsurance coverage under the healthinsurance plan of the public employer andare considered active and contributingmembers of their retirement system.

The law concerning time off for electionofficials on election day was amended.Employees shall be excused withoutpenalty or loss of time for election day onlyin order to perform the duties of theirappointed position. The law now willapply to employers with more than 25employees rather than to those with morethan 50 as before, and it was specified thatthe law does not require an employer tocompensate an employee while he or she isperforming election-day duties.

The law requiring reimbursement oftraining costs by the new employerwhenever a municipal court clerk, municipalcourt magistrate, ambulance serviceoperator, ambulance driver or attendant,emergency medical technician, water orwastewater operator, law enforcement

officer, certified corrections officer, orfirefighter is employed by another publicentity within 24 months of the completionof training, was amended to specify thatcosts, in addition to salary, includetransportation costs paid for travel to andfrom the training facility, room, board,tuition, overtime paid to other employeeswho fill in for the trainee during his or herabsence, and any other related trainingexpenses.

Alaska

Wages. New legislation increased theState minimum wage rate from $5.65 to$7.15 per hour on Jan. 1, 2003, andprovided for thereafter adjusting theminimum wage annually for inflationeffective January 1 of each year. Theminimum wage, to be determined by theDepartment of Labor, by regulation, bySeptember 30 of each calendar year, will beeither the most recent wage adjusted for100 percent of the rate of inflation basedon the U.S. Bureau of Labor StatisticsConsumer Price Index for all UrbanConsumers (CPI-U) for Anchorage, Alaska,prepared by the U.S. Bureau of LaborStatistics, or $1 more than the Federalminimum wage, whichever is greater. Thedepartment will round the adjustedminimum wage up to the nearest one cent .

Child labor. The section of the child laborlaw requiring minors under age 17 to havewritten authorization from the laborcommissioner as a condition of em-ployment was amended to allow employersof minors to obtain broad approval of agroup of duties or jobs to be performed byminors. Possession of this advance ap-proval from the commissioner for a specificjob consisting of listed duties permitsemployers to hire and employ minors, of atleast age 14 without having the priorindividual approval as long as the employerdoes not change any of the duties of thepre-approved jobs. Additionally, theemployer must have written consent fromthe parent or guardian of the minorpermitting the employment in the jobspecified in the consent. The writtenconsent is to be on a form provided by thedepartment and is valid for the calendar yearin which it is issued, except that a consent

executed in December may be valid for thenext calendar year as well. Employers mustnotify the department within 7 calendardays after a minor has been employed.

Arizona

Equal employment opportunity. Technicaland substantive changes were made in theState’s civil right’s laws adding variousprotections provided by Federal law.Mental impairment was added to thedefinition of disability making it unlawfulfor employers to fail or refuse to hire ordischarge individuals on this basis if theemployer can act without undue hardshipon the conduct of the business. Employersmay not discriminate against persons withdisabilities who, with or without reasonableaccommodation are capable of performingessential job functions. Employers maydetermine what functions are consideredessential as long as a written description iscompleted prior to advertising or inter-viewing for a position including ap-prenticeship or training programs. Employ-ers may not participate in contracts thatsubject persons to discrimination, usestandards that cause discrimination, excludepersons from jobs or benefits, use quali-fications that discriminate (unless they arebased upon business necessity, for ex-ample, the health or safety of other em-ployees is at risk) or use tests (medical andnonmedical) in a biased manner because ofa person’s disability.

California

Wages. As the result of previous actionby the State Industrial Welfare Commission,the State minimum wage rate increased from$6.25 per hour to $6.75 per hour onJanuary 1, 2002.

The State prevailing wage law wasamended so that several provisions of the lawthat were scheduled to be repealed onJanuary 1, 2003, will now be retained as aresult of deletion of the repeal im-plementation wording.

Voters in the November general electionapproved both The Kindergarten-Un-iversity Public Education Facilities BondAct of 2002 (Proposition 47), and TheWater Security, Clean Drinking Water,Coastal and Beach Protection Act of 2002

Alabama

Plant closing. A resolution was adoptedin response to the LTV Steel Corp. filing for


(Proposition 50). As part of these measures,the body awarding any contract for a publicworks project funded under either act is toadopt and enforce a labor complianceprogram that includes payment of theprevailing wage rate.

The prevailing wage law was amendedto exempt from coverage the construction,expansion, or rehabilitation of privatelyowned residential projects that are self-helphousing projects, operated on a not-for-profit basis as housing for homelesspersons, or that provide for housing assist-ance. This provision and amendments madeby prior law do not preempt local ordin-ances requiring the payment of prevailingwages on housing projects.

A resolution was adopted urging thatApr. 16, 2002, be proclaimed “Equal PayDay” in California, recognizing the fullvalue of women’s skills and significantcontributions to the labor force.

The Labor and Workforce DevelopmentAgency is to contract with a nonprofit,nonpartisan independent researchorganization, with a proven record ofconducting objective research on labor andemployment issues in the State, to study themost effective and efficient means of enforcingwage and hour laws. The study also willidentify available Federal and State resourcesthat may be used to enforce wage and hourlaws. The study is to be completed andsubmitted to the legislature by Dec. 31, 2003.

Personal services contracts entered intoby a State agency for persons providingjanitorial and housekeeping services,custodians, food service workers, laundryworkers, window cleaners, and securityguard services must include provisions foremployee wages and benefits that arevalued at no less than 85 percent of theState employer cost of wages and benefitsprovided to State employees for performingsimilar duties.

Family issues. The State UnemploymentInsurance Law was amended to provide forpaid family and medical Leave. Employeesnow may take off up to 6 weeks of paidfamily leave over a 12-month period to carefor a newborn, a newly adopted child, or aseriously ill family member or domesticpartner. Employees will be eligible toreceive 55 percent of their wages duringtheir absence, up to a maximum paymentof $728 per week in 2004. The benefits willrise to a maximum of $840 per week in 2005and will be indexed to the State averageweekly wage thereafter. Workers will bepermitted to start taking time off beginningJuly 1, 2004. Benefits provided by the lawwill be funded entirely by employee payroll

deductions, averaging about $27 per yearand ranging up to $70 per year for thoseearning more than $72,000 annually. Theseemployee deductions will begin on Jan. 1,2004. Unlike the State Family Rights Act,all employers are covered by this legislation,regardless of number of employees.However, employers with fewer than 50employees are not required to hold a job foran employee who goes on paid family leave.Employees may be required to use up to 2weeks of accrued leave prior to the receiptof paid family leave.

An employer who maintains an absencecontrol policy that counts sick leave usedto attend to an illness of a child, parent,spouse, or domestic partner as a basis fordiscipline, demotion, discharge, orsuspension will be considered to be inviolation of the law prohibiting employerretaliation against an employee who usessick leave for these purposes.

Agriculture. A resolution was adopteddirecting that a privately-funded Agri-cultural Worker Health and Housing Com-mission be established composed of equalnumbers of members representing growersand agricultural workers. The commissionis to report to the legislature regarding theagricultural industry’s ability to competein the global marketplace and the com-mission’s recommendations of how toimprove the housing and health conditionsof agricultural workers.

Equal employment opportunity. A 2001court decision (Esberg v. Union Oil Co. ofCalifornia) held that it was permissibleunder the Fair Employment and HousingAct (FEHA) for employers to discriminateon the basis of age in employee trainingprograms. In response, existing provisionsof the FEHA which made it an unlawfulemployment practice for any employer torefuse to hire or employ, or to discharge,dismiss, reduce, suspend, or demote anyindividual older than age 40 on the basis ofage were repealed. A prohibition on agediscrimination was added to a separate codesection which addresses the other pro-hibited bases of discrimination, resulting inage discrimination being expresslyprohibited in training programs and in otherterms, conditions, and privileges ofemployment. Age was also added to theexisting bases of discrimination prohibitedfor labor organizations.

Provisions of the FEHA requiring that anindividual wishing to pursue a civil actionfile suit within 1 year of a right-to-suenotice from the Department of Fair Em-

ployment and Housing, were amended totoll the limitation period within which thecivil action must be filed, in cases where thedepartment has deferred its investigationof the individual’s complaint to the U.S.Equal Employment Opportunity Com-mission (EEOC) or where after an investi-gation by the department, the EEOC agreesto perform a substantial weight review ofthe determination of the department orconducts its own investigation. The timefor commencing an action for which thestatute of limitations is tolled will expirewhen the Federal right-to-sue period tocommence a civil action expires, or 1 yearfrom the date of the right-to-sue notice bythe department, whichever is later.

Sections of the Education Code per-taining to community colleges wereamended to repeal provisions relating toaffirmative action hiring that had beeninvalidated by the California Court ofAppeal. An Equal Employment Op-portunity Fund is established to be ad-ministered by the Board of Governors ofthe California Community Colleges for thepurpose of promoting equal employmentopportunity in hiring and promotion.

Worker privacy . An Address Con-fidentiality for Reproductive Health CareServices Providers, Employees, Volunteers,and Patients program was created to protectthe confidentiality of home address in-formation of these individuals. Under theprogram, the Secretary of State will be re-quired to approve an application of a quali-fied program participant for a substituteaddress to be designated by the Secretary.State and local agencies are required to usethe substitute address at the request of aprogram participant.

The law extending a qualified immunityfrom slander or libel suits to statements bycurrent or former employers about the jobperformance or qualifications of anapplicant for employment, when thestatements are based on credible evidence,made without malice, and made to and atthe request of the prospective employer,was amended to extend the qualifiedimmunity to information provided onapplicants for employment as well asemployees, and to authorize a current orformer employer to answer whether or nothe or she would rehire a current or formeremployee.

An employer who receives a requestfrom a current or former employee toinspect or copy his or her payroll recordsis to comply with the request as soon as



possible, but no later than 21 calendar daysfrom the date of the request. A violation ofthis provision entitles the current or formeremployee or the labor commissioner torecover a $750 penalty from the employer.An employee may also bring an action forinjunctive relief to ensure compliance, andin such an action is entitled to an award ofcosts and reasonable attorney’s fees.

The portion of the State penal coderelating to the personnel records and recordsmaintained by any State or local agency onpeace officers was amended. The infor-mation disclosure prohibition was amendedto delete the confidentiality limitation todisclosure by the department or agency thatemploys the peace officer. The peaceofficer personnel records and recordsmaintained by any State or local agency, orinformation obtained from these records,remain confidential and shall not bedisclosed in any criminal or civil pro-ceeding except by discovery pursuant tosections of the State Evidence Code. Thischange returns the language to that in effectprior to a 2000 amendment and removes apotential confidentiality situation wherepersonal records are in the custody of anoutside entity.

The law requiring those agencies thatemploy peace officers to establish aprocedure for the investigation of com-plaints by the public against peaceofficers, to provide for the confidentialityof peace officer personnel records, and toprovide discovery procedures for peaceofficer personnel records and otherrecords, was amended to also apply tocustodial officers. A custodial officer is apublic officer, not a peace officer,employed by a law enforcement agencyof San Diego County, Fresno County,Kern County, Stanislaus County,Riverside County, Santa Clara County, ora county having a population of 425,000or fewer inhabitants that has theauthori ty and responsibi l i ty formaintaining custody of prisoners and thatperforms tasks related to the operation ofa local detention facility.

Workplace violence/security. State re-sidents have the right to be free from anyviolence, or intimidation by threat ofviolence, committed because of their race,color, religion, ancestry, national origin,political affiliation, sex, sexual orientation,age, disability, or position in a labor dispute,or because another person perceives themto have one or more of those characteristics.The 1-year deadline, for filing a verifiedcomplaint with the Department of Fair

Employment and Housing alleging vio-lations of this law, was redefined to befor a period not to exceed 1 year from thedate the person aggrieved by an allegedviolation becomes aware of the identityof a person liable for the alleged violation,but in no case exceeding 3 years from thedate of the alleged violation if during thatperiod the aggrieved person is unaware ofthe identity of any person liable for thealleged violation.

Plant closing. An employer of 75 or moreemployees must give 60 days writtennotice of a mass layoff, relocation, ortermination involving 50 or more persons,to employees, the Employment Devel-opment Department, the local workforceinvestment board, and the chief electedofficial of each affected city and countygovernment. Such notice is not requiredif the action is necessitated by physicalcalamity or act of war. The law exemptsemployers in the broadcasting, motionpicture, and construction industries if theclosing or layoff is the result of the com-pletion of a particular project. Also ex-empted are employers whose employeeswere hired with the understanding thattheir employment was seasonal andtemporary, and employers who qualifyunder the faltering business exception. Anemployer who fails to provide therequired notices will be subject to civilpenalties and will be liable to eachemployee who lost his or heremployment for back pay and lostbenefits.

Displaced workers. The EmploymentDevelopment Department is to establishstandards to ensure that no participant inwelfare-to-work job preparation andtraining programs under the unemploymentinsurance law fills a job when any otherindividual is on layoff from the same or asubstantially equivalent job or when theemployer has terminated the employmentof any regular employee or otherwisereduced its workforce with the intention offilling the resulting vacancy with a programparticipant. In addition, employers arespecifically prohibited from replacing laid-off seasonal construction workers withwelfare-to-work participants.

Preference. A resolution was adoptedexpressing the State policy that it is thepreference of the State, consistent with theFederal and State constitutions, that thetasks and duties necessary for the rendering

of local telephone service within the Statebe performed by residents of California.

Inmate labor. Amendments were madeto law sections relating to the employmentof prison inmates and juvenile offenders.The list of specifically included types ofpersonal information to which theseindividuals are denied access was expandedfrom addresses, telephone numbers, creditcard numbers, Social Security numbers, anddrivers license information. Now alsoincluded are health insurance, taxpayer,school, or employee identification numbers;mothers’ maiden names; demand depositaccount, debit card, savings, or checkingaccount numbers, P I Ns, or passwords;places of employment; dates of birth; alienregistration numbers; passport numbers;unique biometric data, such as fingerprints,facial scan identifiers, voice prints, retinaor iris images, or other similar identifiers;unique electronic identification numbers;and telecommunication identifying in-formation or access devices. Law coveragenow also will include persons performingcommunity service in lieu of a fine orcustody.

Whistleblower. It was made unlawful fora private patrol operator to discharge,demote, threaten, or otherwise discriminateagainst an employee in the terms andconditions of employment, because he orshe discloses information to a governmentor law enforcement agency relating tofailure to meet registration standards. Aprivate patrol operator intentionally inviolation will be liable in an action fordamages brought by the injured party. Aperson who has been discharged ordiscriminated against may bring a claimagainst the private patrol operator within3 years of the date of the discharge,demotion, threat, or discrimination.

Other laws . Under a Governor’s Re-organization Plan, a Labor and WorkforceDevelopment Agency was created in Stategovernment consisting of the Departmentof Industrial Relations, the EmploymentDevelopment Department, the AgriculturalLabor Relations Board, and the CaliforniaWorkforce Investment Board. The agencywill be under the supervision of theSecretary of Labor and Workforce Devel-opment who will be appointed by thegovernor.

When a city, county, district, or localagency expends funds that have beenprovided to it by a State agency, or operates


a program or engages in an activity that hasreceived assistance from a State agency,those labor standards established by thelocal jurisdiction will be enforced withregard to the expenditure, program, oractivity, as long as they are not in conflictwith or preempted by State law. A Stateagency may not require as a condition ofreceiving State funds or assistance that alocal jurisdiction refrain from applying itslabor standards to expenditures, programs,or activities supported by the State fundsor assistance.

Provisions were added to the LaborCode, the Civil Code, the GovernmentCode, and the Health and Safety Coderelative to enforcement actions relating tothe rights of employees. The new languagespecifies that all protections, rights andremedies available under State law, exceptfor any reinstatement remedy prohibitedby Federal law, are available to allindividuals regardless of immigration statuswho have applied for employment, or whohave been employed in the State. Forpurposes of enforcing State labor andemployment laws, a person’s immigrationstatus is irrelevant to the issue of liability,and in proceedings or discovery undertakento enforce those laws no inquiry will bepermitted into a person’s immigrationstatus except where the person seeking tomake this inquiry has shown that theinquiry is necessary to comply with Federalimmigration law.

The law that prohibits employers fromdischarging or taking other adverseemployment actions against victims ofdomestic violence who take time off fromwork to attend to issues arising as the resultof the domestic violence was amended toextend these protections to victims ofsexual assault.

The law providing that an employermay not require that an employee refrainfrom disclosing the amount of his or herwages was amended to extend this pro-tection to the release of information regard-ing working conditions. It was specifiedthat the law does not permit an employeeto disclose proprietary information, tradesecret information, or information that isotherwise subject to a legal privilege with-out employer consent.

A resolution was adopted recognizingMarch 31 as Cesar Chavez’s birthday andcalling on all Californians to participate inappropriate observances to rememberCesar Chavez as a symbol of hope andjustice to all citizens.

The first week of April each year is tobe designated as Labor History Week.Schools are encouraged to commemorate

this week with appropriate educationalexercises that make pupils aware of therole that the labor movement has playedin shaping California and the UnitedStates.

Colorado

Wages . Resolutions were adoptedurging that Apr. 16, 2002, be proclaimed“Equal Pay Day” in Colorado, recognizingthe full value of women’s skills and theirsignificant contributions to the laborforce. April 16 symbolizes the day onwhich wages paid to an American womancatch up to the wages paid to a man fromthe previous year.

Other laws. A resolution was adoptedrecognizing Apr. 28, 2002, as WorkersMemorial Day in honor of all workerskilled, injured, and disabled on the job.

Connecticut

Wages. As the result of prior legislation,the State minimum wage rose to $6.70 per hour, from $6.40, on January 1, 2002.

New legislation was adopted raising theState minimum wage rate to $6.90 per hour,from $6.70, on Jan. 1, 2003, with a furtherincrease to $7.10 per hour scheduled forJan. 1, 2004.

A new provision was enacted con-cerning annual adjustments to prevailingwages. Each contractor awarded a contractthat is subject to the State prevailing wagelaw is to contact the Labor Commissionerby July 1 of each year, for the duration ofthe contract, to ascertain the prevailingrate of wages on an hourly basis and theamount of payment or contributions paidor payable on behalf of each mechanic,laborer, or worker employed under thecontract. Necessary adjustments for eachemployee are to be made effective July 1of each year.

Child labor. The provision of the childlabor law, permitting the employment of15-year-old minors in mercantile estab-lishments as baggers, cashiers or stockclerks, which was due to expire onSept.30, 2002, was extended to Sept. 30,2007.

Worker privacy. Members or employeesof the Commission on Human Rights andOpportunities were added to the list ofthose individuals whose residentialaddresses are not to be disclosed by a public

agency under the Freedom of InformationAct.

It was made unlawful for an employerto require an employee or prospectiveemployee to disclose the existence of anyarrest, criminal charge, or conviction, therecords of which have been erased. It is alsounlawful to deny employment or todischarge or otherwise discriminate againstan individual with a prior arrest, criminalcharge, or conviction, the records of whichhave been erased.

Whistleblower. The law concerning Stateemployee and contractor whistleblowingcomplaints was amended to revise thecomplaint procedure in the event of aviolation.

Other laws. Employment protection willnow be afforded to any employee whoattends a court proceeding or participatesin a police investigation related to a criminalcase in which the employee is a crimevictim. Protection will also apply whereeither a restraining order or a protectiveorder has been issued on the employee’sbehalf by a court.

Delaware

Drug and alcohol testing. The Depart-ment of Education provides for drug andalcohol testing of public school bus driverswith termination from employment in theevent of a positive test result. A new actclarifies that the purpose of the testingprogram is to assist the employers of publicschool bus drivers to comply with currentFederal laws relating to such testing, andremoves language which provided for testprocedures and penalties for positive testswhich were inconsistent with the pro-visions of Federal law and beyond theauthority of the department to enforce.Refusal to submit to testing, including theprovision of a substituted or adulteratedtest sample, will be deemed to be a positivetest result.

Other laws. It was made unlawful for anemployer to fire an employee, or to threat-en or otherwise coerce an employee becausehe or she is serving as an election officer onan election day, provided the employee hasvacation time accrued and available for useand is not in a critical need position. Acritical need position is one in the field ofpublic safety, corrections, transportation,health care, utilities, a small businessemploying fewer than 20 persons, or is



otherwise necessary for a business orindustry to be in service or operation onelection day. An employer in violation willbe subject to both civil and criminalpenalties.

Florida

Agriculture. Farm labor contractors noware prohibited from making any charge ordeduction from wages for any tools,equipment, transportation, or recruitingfees that are for the benefit of the employerunless in compliance with the Federal FairLabor Standards Act.

Drug and alcohol testing . The Statelaw relating to drug-free workplaceprograms was amended. Constructioncontractors, electrical contractors, andalarm system contractors who contractto perform construction work under Statecontracts for educational facilities, publicproperties, publicly owned buildings orState correctional facilities now arerequired to implement drug-freeworkplace programs.

Workplace violence/security. Countiesand municipalities were authorized torequire, by ordinance, the screening of anemployee, appointee, or applicant to aposition that is critical to security or publicsafety. Screening is also authorized for anycontractor, vendor, repair person, ordelivery person who has access to publicfacilities that are critical to security orpublic safety.

Other laws. The Department of Laborand Employment Security was eliminated,effective June 30, 2002, and its res-ponsibilities and functions transferred toother agencies. Among these, officesresponsible for child labor enforcement,farm labor, and labor organizations weretransferred to the Department of Businessand Professional Regulation. The Office ofCivil Rights, the labor law issues office, andunemployment claims responsibility weretransferred to the Agency for WorkforceInnovation. The Division of Workers’Compensation was transferred to theDepartment of Insurance.

An act relating to health care unionorganizing activities prohibits participationby a nursing home employee in any activitythat assists, promotes, deters, or dis-courages union organizing during any timethe employee is counted in staffing cal-culations for minimum staffing standards.

Georgia

Wages. A resolution was adopted re-cognizing Tuesday, Apr. 16, 2002, as“Equal Pay Day,” expressing support ofthe efforts of the National Committee forPay Equity to find solutions which willresult in economic justice for women andpeople of color. Tuesday is symbolic of thepoint in the week that a woman must workto earn the wages paid to a man in theprevious week.

Guam

Wages . Prevailing wages and benefitswere established for employees of privatecontractors awarded service and othercontracts by the government of Guam.Where such contracts are entered into, thecontractor is to pay each employee inaccordance with the most recent wagedetermination for Guam and the NorthernMariana Islands issued by the U.S.Department of Labor for such labor as isemployed in the direct delivery of contractdeliverables to the government of Guam. Inthe event of a renewal clause, the wagedetermination promulgated on a date mostrecent to the renewal date will apply.Contracts will also contain provisionsmandating health and similar benefits foremployees. The benefits are to have aminimum value as detailed in the U.S.Department of Labor wage determination, andare to contain provisions guaranteeing aminimum of 10 paid holidays a year. TheGuam Department of Labor is to developrules and regulations for enforcement of thelaw and may assess monetary penalties forviolation ranging from $100 to $1,000 per dayin addition to back wages and benefits due.A contractor in violation may also be barredfrom receiving a new contract for 1 year.

Family issues . Fathers will now beprovided with paternity leave upon thebirth or adoption of a child similar to theleave granted to mothers under the ma-ternity leave law. The paternity leave is notto exceed 20 days, encompassing the dateof childbirth or adoption of a child 5 yearsor younger. Any additional leave taken forsuch purpose may be charged againstaccumulated sick leave, or may be unpaidleave at the option of the employee. Totalleave, whether paternity, sick, or unpaidleave is not to exceed 6 months withoutapproval of the employee’s supervisor.

Any school volunteers under theRainbows for All Children–Guam program

responding to a request for peer support,guidance, and/or suicide interventionservices in the public schools will begranted administrative leave when thevolunteer’s time is needed during his or herwork schedule. Such leave will be limited to40 hours per school year. Additional hoursmay be granted with approval. Leaverequests are to be made 3 days prior to thedate of the leave with the exception ofemergency cases.

Workplace violence. A Task Force onWorkplace Violence was established tostudy the most effect ive means toprevent workplace violence. The taskforce is to review the incidence ofworkplace violence, based upon dataobtained from health, labor, and lawenforcement agencies of the governmentof Guam and the Federal Government;conduct an analysis of the existingpolicies and regulations governingprevention of workplace violence; andmake recommendations concerning laws,re-gulations or incentives necessary forincreased security in the workplaces, andprotection of employees, including anydraft legislation deemed appropriate.

Other laws . Military reservists andnational guard members employed by thegovernment of Guam are allowed amaximum of 15 working days of militaryleave of absence with pay. A new provisionallows these individuals who are called upfor more than 15 days of active duty serviceto participate in the government of Guamleave sharing program whereby leave canbe donated for their use.

Hawaii

Wages. As the result of prior legislation,the State minimum wage rate rose from$5.25 per hour to $5.75 on Jan. 1, 2002,and to $6.25 per hour on January 1, 2003.

The amount of guaranteed monthlycompensation required to exempt an in-dividual from minimum wage, overtime andrecordkeeping requirements was increasedfrom $1,250 to $2,000.

A new section was added to the publiccontracts and expenditure of public moneylaw. Now, before bidding on a public worksconstruction project in excess of $2,000,which is subject to the prevailing wage law,a contractor must certify that individualsworking on the contract on the jobsite willbe paid not less than the wages that the


Director of Labor and Industrial Relationshas determined to be prevailing for cor-responding classes of laborers andmechanics employed on public worksprojects; will receive overtime compensationat 1-1/2 times the basic hourly rate plus fringebenefits; and will comply with all applicableFederal and State workers’ compensation,unemployment compensation, payment ofwages, and safety laws. Enforcement will beby the governmental contracting agencyawarding the contract. Additionally, clarifyingchanges were made in the prevailing wage law,which includes most of these samerequirements. Failure by the contractingagency to include prevailing wage paymentprovisions in the contract or specificationswill not be a defense of the contractor orsubcontractor for noncompliance with the law.

Genetic testing. It is now an unlawfuldiscriminatory practice for an employer toconsider an individual’s genetic information,including the genetic information of anyfamily member of the individual, or theindividual’s refusal to submit to a genetictest as a condition of initial or continuedemployment.

Private employment agencies. Severalchanges were made in the law regulatingcommercial employment agencies includingeliminating the licensing requirement foragency branch offices, eliminating thebonding requirement for employer-paid feeagencies, permitting initial and amendedfilings of placement fee schedules ratherthan annual filings, and eliminating therequirement that a new license be issuedwhen an agency changes its address. Otherchanges specify that an employmentagency may not send unsolicited resumesto prospective employers; codify theprohibition on employment agency op-erations in homes, apartments, and hotelrooms; and codify the requirement thatlicense applicants possess a reputation forhonesty, financial integrity, and not havefelony convictions related to the operationof a commercial employment agency. Everyemployment agency is to employ a licensedprincipal agent who is responsible for thedirect management of the agency. A fine ofup to $1,000 per violation may be imposedby the Director of Commerce and Con-sumer Affairs.

Whistleblower. The Whistleblower Pro-tection Act was amended to extend protec-tion to those individuals who are about toreport a violation to their employer. The lawalso was expanded to add coverage for reportsof violations of ordinances, regulations, orcontracts executed by the State, a politicalsubdivision of the State, or the United States.The statute of limitations for bringing acomplaint of retaliation was extended to 2years from 90 days after the alleged violation.The penalty for each violation was increasedfrom a maximum of $500 to a minimum of$500 and a maximum of $5,000.

Idaho

Agriculture. A comprehensive farm laborcontractor law was enacted requiringindividuals performing farm labor con-tracting activities to have a valid Statelicense and to pay an annual licensing fee of$250. These licensed contractors arerequired to carry vehicle insurance for allvehicles used in the business operation,carry workers’ compensation coverage forall employees, and post a surety bond of$10,000 if they employ 20 or feweremployees and $30,000 if they employmore than 20 employees. These licensedcontractors are required to provide to allemployees, at the time of hiring, recruiting,soliciting, or supplying such employee, awritten statement in the employee’s nativelanguage which describes the terms andconditions of employment, rate ofcompensation, and method of computingsame. The department may deny, revoke,suspend, or refuse to renew a license whenthe applicant or holder fails to meet certainconditions. Agricultural employers who usethe services of a licensed and bondedcontractor will not be held jointly andseverally liable for any unpaid wagesdetermined to be due and owing to anyemployee of the contractor who performedwork for the agricultural employer.

Drug and alcohol testing. An executiveorder established an alcohol and drug-freeworkplace for all employees of the State ofIdaho.Violations will be cause formanagement/supervisor intervention andmay result in referral to treatment,including participation in the EmployeeAssistance Program.

Illinois

Wages. Employees who are employed ascrew members of any uninspected towingvessel, as defined in the Vessels and Seamenchapter of the U.S. Code dealing withshipping, operating in any navigable watersin or along the boundaries of Illinois willnot be subject to the State overtime andOne Day Rest in Seven acts.

Two additions were made to the prevailingwage law. One provides that two or moreinvestigatory hearings on the issue ofestablishing a new prevailing wageclassification for a particular craft or type ofworker will be consolidated in a single hearingbefore the department of labor. Theconsolidation will occur whether eachseparate investigatory hearing is conductedby a public body or the department. Theparty requesting a consolidated invest-igatory hearing has the burden of establishingthat there is no existing prevailing wageclassification for the particular craft or typeof worker in any of the localities underconsideration. The second addition requiresthat any contractor or subcontractor thatmaintains its principal place of businessoutside the State must make the required wagerecords or accurate copies of the recordsavailable within the State at all times.

Child labor. The child labor law wasamended to permit 12- and 13-year-olds tobe employed to officiate youth sportsactivities for not-for-profit youth clubs,park districts, or municipal parks andrecreations departments. The law requiresthat a parent or guardian be present whilethe minor is officiating; that the employerobtain an employment certificate from theminor’s school or school district; that theminor work no more than 3 hours per dayon school days and a maximum of 4 hoursper day on nonschool days, not more than10 hours a week, and not later than 9 p.m.;and that the minor must be at least 3 yearsolder than the children participating in theyouth sports activity unless an individual16 years or older is also officiating the sameactivity.

Private employment agencies . The title ofthe Day Labor Services Act was changed tothe Day and Temporary Labor Services Actand changes were made throughout to re-flect this expanded coverage. Among other



changes, the fee for registering agencieswith the department of labor may be paidby check or money order and thedepartment may not refuse to accept acheck on the basis that it is not a certifiedcheck or a cashier’s check. An additionalfee may be charged for a returned check.The department of labor is to enforce thelaw and will have the power to conductinvestigations, hold hearings, and to visitand inspect any places covered by thelaw. The department may (1) issue andcause to be served cease and desist orders,(2) take affirmative or other action asdeemed reasonable to eliminate the effectof the violation, (3) deny, suspend, orrevoke any registration under the act, and(4) determine the amount of any civilpenalty allowed by the law. In additionto civil penalties, whoever willfullyviolates the law or obstructs thedepartment, its inspectors or deputies,or any other person authorized to inspectplaces of employment, will be guilty of aClass A misdemeanor. The AttorneyGeneral will have authority to prosecuteall reported violations. All moniesreceived as fees and civil penalties will bedeposited into the Child Labor and Dayand Temporary Labor Enforcement Fund.

Other laws. The State Military Codewas amended by enacting an IllinoisNational Guard Employment Rights Law.Guard members called to State ActiveDuty by the governor are entitled to re-employment rights and benefits if 1) whenpossible, the employer received advancenotice of the active service, 2) the memberreports back to work, or applies withinspecified time frames, and 3) his or herservice was deemed honorable. Membersre-employment rights include 1) promptre-employment with the same increasesin status, seniority, wages, and benefits(for example, insurance and other) asearned by those who did not serve, 2) ifnow disabled and incapable of performingduties of the previous position, theemployee will be placed in a positionwith duties for which they are qualifiedand able to perform, and 3) those rejectedfor active duty shall be restored to theirprevious position with the same status,seniority, and wage increases as earnedby employees who did not serve. Theserights do not apply to members if theemployer’s circumstances have sochanged as to make re-employment of anemployee impossible or unreasonable orif the re-employment would impose anundue hardship on the employer.

Kansas

Drug and alcohol testing. The law es-tablishing a drug screening program forcertain State officers and employees andfor certain applicants for State employmentwas amended. Added to the list of in-dividuals subject to drug screening basedupon a reasonable suspicion of illegal druguse are employees of the Kansas StateSchool for the Blind, the Kansas StateSchool for the Deaf, and a State veteran’shome operated by the Kansas Commissionon Veteran’s Affairs. “Safety sensitivepositions” for purposes of coverage wasexpanded to include State parole officers.

Kentucky

Wages. The section of the State minimumwage law exempting various individualsfrom the overtime payment requirementwas amended to add, by reference, theFederal Fair Labor Standards Act exemptionfor employees employed as seamen.

The law requiring the payment of over-time was amended to allow compensatorytime in lieu of overtime to employees ofany county, charter county, consolidatedlocal government, or urban-county govern-ment, including an employee of a county-elected official. Compensatory time maybe offered upon the written request by anemployee, made freely and without coer-cion, pressure, or suggestion by the em-ployer, and upon a written agreementreached between the employer and em-ployee before the performance of the work.Compensatory leave will be given on anhour-for-hour basis, except that an em-ployee who is not exempt from the pro-visions of the Federal Fair Labor StandardsAct may be granted compensatory time inlieu of overtime pay at a rate of not lessthan 1 and 1–1/2 hours for each overtimehour worked. Up to 240 hours of com-pensatory time may be accrued except forcertain emergency or seasonal workers whomay accrue up to 480 hours. Civil penaltiesare authorized for violation of the law.

Child labor. The Labor Cabinet pro-mulgated amendments to the child laborregulation. Among these, coverage wasextended to minors who are not enrolled inschool and who have not graduated.Previously, some of the work restrictionsdid not apply to youth who had droppedout of school. Minors age 14 and 15 nowmay not be employed more than 3 hours inany one school day, nor more than 8 hoursin any nonschool day when school is in

session. Previously, 14- and 15-year-oldscould work no more than 3 hours per daywhen school was in session, regardless ofwhether it was a school day. Anotheramendment provides that minors age 16 and17 may not work more than 30 hours a weekwhen school is in session, except that aminor may work up to 40 hours if a parentor legal guardian gives permission in writingand his or her school certifies that thestudent has maintained at least a 2.0 grade-point average in the most recent gradingperiod. Previously, these minors couldwork up to 40 hours per week withoutparental approval or a grade-pointrequirement. Minors 16 and 17 years of agemust now end their workday by 10:30 p.m.on days preceding a school day, instead ofthe previous 11:30 p.m.

Other laws . The law protecting em-ployees who are volunteer firefighters fromdischarge for being absent or late to work,as the result of responding to an emergencyprior to their starting time, was amended toalso apply to employees who are rescuesquad members, emergency medical tech-nicians, peace officers, and members ofemergency management agencies. Em-ployers are not required to pay employeesfor the work time missed.

Louisiana

Worker privacy. The law pertaining toemployment records of State employeeswas amended by adding a sectionauthorizing the Governor’s Office ofWorkforce Commission, the division ofadministration, or any contractor workingon behalf of either of them, to be providedwith employment data for use in compilingstatistics which would support per-formance management and evaluation byprogram managers of State and Federalprograms, compiling statistics which wouldassist in the preparation of commonperformance reports across agencies, orcompiling statistics for education andtraining research purposes, includinglongitudinal studies to assist in programimprovement and design. Employment dataobtained is to be kept confidential and usedonly for these statistical purposes. Aperson who unlawfully uses or releases thedata will be fined from $1,000 to $20,000or imprisoned for not less than 30 days normore than 6 months, or both.

Other laws. The reemployment lawaffecting persons called to duty in Statemilitary forces was amended. The law now


will be applicable to persons called to activeduty in the National Guard of any otherState. After release from military service,under honorable conditions, employees areto be reinstated or restored to the same orcomparable position of employment,unless the person is no longer capable ofperforming essential functions of the sameposition by reason of a service-connecteddisability. If otherwise qualified, byeducation, training, or experience toperform another position, the employeeshall be employed in that other positionwhich the employee is physically capableand qualified to perform provided theemployment does not pose a direct threator significant risk to the safety of anyemployee if the risk cannot be eliminatedby reasonable accommodation. The pro-visions, protections, and rights of theFederal Soldiers and Sailors Civil Relief Actand the Federal Uniformed Services Em-ployment and Reemployment Rights Actare adopted and incorporated. Everyemployer shall post in a prominent place ineach establishment a State produced noticeregarding these rights. The law is applicableto all persons called to service as ofSeptember 11, 2001.

Maine

Wages. As the result of prior legislation,the State minimum wage rate rose from$5.15 to $5.75 per hour on Jan. 1, 2002,and to $6.25 per hour on Jan. 1, 2003.

As a result of cases pending before theMaine courts in early 2002, the legislatureenacted into law a long standing practice ofexempting interstate truck drivers anddriver’s helpers from overtime require-ments. These employees, when engaged inthe transportation of goods or services ininterstate commerce, are exempt from theovertime provisions of the Federal FairLabor Standards Act and the provisions ofthe State overtime law. Application of thelaw is retroactive to Jan. 1, 1995.

Family issues. The law requiring em-ployers to grant leave from work, with orwithout pay, for an employee to preparefor and attend court proceedings, to receivemedical treatment, or to obtain necessaryservices to remedy a crisis caused bydomestic violence, sexual assault, orstalking was amended to also apply to leaveto attend to medical treatment for a victimwho is the employee’s child, parent, orspouse.

The donation of an organ by an em-ployee for a human organ transplant was

added to the list of reasons allowed for theuse of family and medical leave.

A committee is to be appointed tostudy the benefits and costs of increasingaccess to family and medical leave forMaine families. Among other duties, thecommittee is to identify or developsources of Maine-specific data on use offamily and medical leave and theavailability of paid leave, obtaininformation from other States andinterest groups that are conductingstudies or developing methodologies forestimating costs and benefits on paidfamily and medical leave, and invitetestimony from experts on earlychildhood development, including expertson bonding between children and parents,to assist in considering potential long-term benefits of providing paid leave sothat parents will be able to take leavefollowing the birth or adoption of a child.A report, together with any necessaryimplementing legislation was to besubmitted to the legislature by Nov. 6,2002.

Drug and alcohol testing. The State lawconcerning substance abuse testing of jobapplicants was amended to allow ascreening test of urine or saliva at the col-lection point through the use of a non-instrumented collection point test deviceapproved by the Federal Food and DrugAdministration. Employers using suchtests must include procedures to ensure testresult confidentiality and establish pro-cedures for training testing personnel in theproper manner of collecting samples andreading results, while maintaining a properchain of custody. Negative test samplesmust be destroyed, while positive samplesmust be forwarded to a qualified testing labfor confirmation testing.

Private employment agencies . Health careinstitutions, facilities, or organizations,including temporary nurse agencies,employing certified nursing assistants,must, before hiring a certified nursingassistant, verify that he or she is listed onthe Maine Registry of Certified NursingAssistants and that there are no annotationsto prohibit the hiring of that individualaccording to State and Federal regulations.

Plant closing. The Department of Laboris to adopt rules to implement the lawgoverning severance pay that is to be paidto employees by covered employers whoclose or relocate an establishment. Initial

rules were to be submitted to the legislatureby Jan. 15, 2003.

Other laws. The Maine Fire ProtectionServices Commission is to examine the issueof providing protection to a volunteerfirefighter from being discharged ordisciplined by an employer on the groundsthat he or she arrives late or does not arriveat work because of responding to anemergency. Findings and any recommendedlegislation were to be reported to thelegislature by Dec. 31, 2002.

Maryland

Wages. A law was enacted relating toemployee contributions to political actioncommittees. Among other provisions, itauthorizes an employee to contribute bypayroll deduction to one or more affiliatedpolitical action committees selected by theemployee. Procedures are established for thetransfer of withheld contributions from theemployer to the employee’s mem-bershipentity and from the membership entity to thenamed political action committee.

An employer may not require a licensedpractical nurse or a registered nurse to workmore than the regularly scheduled hoursaccording to the predetermined workschedule. Exceptions permit requiredovertime in unforeseen emergencysituations; the emergency situation isnonrecurring and is not caused by oraggravated by the employer’s inattentionor lack of reasonable contingency planning;the employer has exhausted all good faith,reasonable attempts to obtain voluntaryworkers during the succeeding shifts; thenurse has the critical skills and expertiserequired for the work; the standard of carefor a patient requires continuity of carethrough completion of a case, treatment, orprocedure; and the employer has informedthe nurse of the basis for the employer’sdirection. Overtime work also may berequired if a condition of employmentincludes on-call rotation or the nurse worksin community-based care. Employers mustexhaust all good faith, reasonable attemptsto ensure that appropriate staff is availableto accept responsibility for a patient’s carebeyond a nurse’s predetermined workschedule.

The prevailing wage law was amendedto provide that the contractor and thesubcontractor be jointly and severally liablefor restitution to the subcontractor’semployees if they are paid less than the



prevailing wage rate for the workperformed.

Family issues. A June 30, 2002, terminationdate provision was removed from the lawwhich requires an employer who providesleave with pay to an employee following thebirth of the employee’s child to provide thesame leave with pay to an employee when achild is placed with him or her for adoption.

Whistleblower . A Health Care WorkerWhistleblower Protection Act was enacted.This measure makes it unlawful for anemployer to take or refuse to take anypersonnel action as reprisal against anemployee because he or she discloses orthreatens to disclose to a supervisor orboard an activity, policy, or practice of theemployer that is in violation of a law, rule,or regulation; provides information to ortestifies before any public body conductingan investigation, hearing, or inquiry into anyviolation of a law, rule, or regulation by theemployer; or objects to or refuses toparticipate in any unlawful activity, policy,or practice. Protection will apply only ifthe employee has a reasonable, good faithbelief that the employer is actingunlawfully; the activity, policy, or practicethat is the subject of the disclosure poses asubstantial and specific danger to the publichealth or safety; and the employee hasafforded the employer a reasonableopportunity to correct the problem.Provision is made for civil action in theevent of violation.

Massachusetts

Child labor. The section of the child labor lawprohibiting the employment of any personunder age 18 in operating motor vehicles ofany description, except in the course ofemployment in an automobile repair shop,was amended to permit the operation of golfcarts on a golf course if the minor is licensedto operate a motor vehicle.

Following a hearing where it has beenshown that an emergency exists or that ahardship exists in an industry or individualestablishment, the attorney general wasauthorized to suspend the application oroperation of the child labor law or any ruleor regulation made under that law whichregulates, limits, or prohibits the

employment of minors older than age 16.This authority is limited to the time periods:(1) Sept. 5, 2002, to Oct. 31, 2002; May25, 2003, to June 21, 2003; and Sept. 4,2003, to Oct. 31, 2003, on Friday andSaturday evenings only and (2) Aug. 1,2002, to Sept. 4, 2002, inclusive, and June21, 2003, to Sept. 3, 2003, inclusive.

Sections of the child labor law, regulatinghours of work by children under age 16,work permit requirements, work in publicexhibitions, and license requirements fortheatrical exhibitions or shows, weresuspended, thereby allowing the theatricalgroup Cirque du Soleil to employ childrenunder age 16 years, including employmentas acrobats, contortionists, or in any feat ofgymnastics, provided each child performsin no more than 10 shows per week and nomore than 2 shows per day.

Equal employment opportunity. Complaintsof sexual harassment and other forms ofdiscrimination now may be filed within 300days after the alleged act of discrimination,rather than within 6 months as before. Thesuperior court has jurisdiction to enforcethe law and award damages.

Private employment agencies . A law wasenacted to limit the amount of fees thatstaffing agencies may charge employees fortransportation. If a staffing agency orworksite employer offers transportationservices to an employee for a fee, the feemay be no more than the actual cost totransport the employee to or from thedesignated worksite. In addition, the feemay not exceed 3 percent of the employee’stotal daily wages, and may not reduce theemployee’s pay below the minimum wageearned for the day. If a staffing agency orworksite employer requires the use of suchtransportation services, no fee may becharged. Transportation costs may not bededucted from an employee’s wageswithout express written authorization. Thestaffing agency or worksite employer is togive the employee a copy of the signedauthorization in a language that he or shecan understand.

Michigan

Agriculture. A resolution was adoptedurging the U.S. Congress and the

Immigration and Naturalization Service todetermine the appropriateness of increasingthe number of visas for temporaryagricultural workers. It is the belief of theMichigan House of Representatives that anincrease in the permissible number of legalstatus temporary agricultural workers mayboth benefit the economy and increase thesecurity of the United States by causing adecrease in the number of aliens herewithout documentation.

Other laws. The State amended the lawconcerning reemployment rights ofemployees who were on leave followingmilitary service, release, or rejection fromservice. Their re-employment rights followan established priority order. Havingserved 1–90 days, they shall be re-employedin the position they would have had, ifqualified, and if their employment had notbeen interrupted for military service.Following service of 1–90 days, if theperson were not qualified for the positionthey would have had if their employmenthad not been interrupted and the employermakes a reasonable effort to qualify theperson, the employee shall be re-employedin the position they held when servicebegan. Following service of 91 or moredays, if the employee was not qualified forthe position held just prior to service andcannot become qualified through reasonableefforts of the employer, re-employmentwould occur in a position of lessor statusor pay. The employee would be entitled toseniority and its rights and benefits alongwith rights and benefits not determined byseniority. With certain exemptions,employees are not entitled to re-employment after 5 years military serviceor a dishonorable discharge.

A resolution was adopted tocommemorate Apr. 28, 2002, as Workers’Memorial Day in Michigan, to rememberthe working men and women who have beenkilled or injured as a result of their work.

Minnesota

Overtime. A hospital or other licensedhealth care facility is prohibited fromdischarging, disciplining, threatening,penalizing, or otherwise discriminatingagainst a registered nurse, advanced practiceregistered nurse, or licensed practical nurse


solely on the grounds that the nurse fails toaccept an assignment of additionalconsecutive hours at the facility in excessof a normal work period, if the nursedeclines to work the additional hoursbecause of a belief that to do so mayjeopardize patient safety. A nurse may bescheduled for duty or may be required tocontinue on duty for more than one normalwork period in an emergency, defined as aperiod when replacement staff are not ableto report for duty because of unusual,unpredictable, or unforeseen circumstances,such as, but not limited to, an act ofterrorism, a disease outbreak, adverseweather conditions, or natural disasterswhich impact continuity of patient care.The law does not apply to nursing facilities,intermediate care facilities for persons withmental retardation, licensed boarding carefacilities, or housing with services es-tablishments.

Worker privacy . The portion of theGovernment data practices code concerningthe release of State employee personnel datawas amended to specifically provide thatdata pertaining to an employee’sdependents will be treated as private data.

Upon written request, various licensedprograms and facilities providingresidential, treatment and other care forchildren and for persons with mentalretardation, developmental disabilities orrelated conditions may disclose, in writing,information about a current or formeremployee to a prospective employer.Information disclosed may include dates ofemployment, wage history, job description,training and education provided by theemployer, and all acts of violence, theft,harassment, or illegal conduct by theemployee documented in the personnelrecord which resulted in disciplinary actionor resignation, and the employee’s writtenresponse, if necessary. No action may bebrought for disclosure of the informationunless it is proven that the disclosure wasmade fraudulently or with deliberatedisregard as to its accuracy. Another newprovision requires, with the writteninformed consent of the subject of the data,school districts or charter schools to releaseto another school district or charter schoolprivate personnel data on a current orformer employee related to documented

violence toward or sexual contact with astudent.

Private employment agencies. Severalchanges were made in the law regulatingsupplemental nursing services agencies. Theconditions for registration were amendedto add requirements that the agency carryan employee dishonesty bond of $10,000;that the agency maintain workers’ com-pensation insurance for all nurses, nursingassistants, nurse aides, and orderliesprovided or procured by the agency; thatthe agency file with the Commissioner ofRevenue the name and address of the bank,savings bank, or savings association inwhich all employee income tax with-holdings are deposited, and the name andaddress of any nurse, nursing assistant,nurse aide, or orderly whose income isderived from placement by the agency, ifthe agency purports the income is notsubject to withholding; and that the agencydocument that each temporary employeeprovided to health care facilities is anemployee of the agency and is not anindependent contractor. Changes were alsomade pertaining to registration revocation,hearings, and period of ineligibility forhaving registration restored.

Mississippi

Worker privacy. Licensed health carefacilities will not be held liable in anyemployment discrimination suit in whichan allegation of discrimination is maderegarding an employment decisionauthorized by provisions of the licensinglaw requiring background checks and signedaffidavits by employees and applicantsattesting that they have not been convictedof various specified felonies.

Missouri

Child labor. Among several changes in thechild labor law, street occupations anddoor-to-door sales are now prohibited foryouth under age 16. Previously, such workwas permitted with written permissionfrom the director of the division of laborstandards. The director now may requirethe production of work certificates or workpermits and other documents. All suchrecords obtained by the division areconfidential. Employers are to keep for no

less than 2 years, on the premises whereany child is employed, the work certificate,a record of the name, address, and age of thechild, and times and hours worked by thechild each day. Waivers of time and hourrestrictions issued by the director now willapply only to the entertainment industry.The exemption from the law for farm workperformed with the knowledge and consentof the child’s parent was expanded. Indetermining the amount of civil damages duein the event of violation, the director is toconsider the size of the business, based onthe number of employees.

Montana

Wages. New more comprehensive anddetailed prevailing wage regulations wereadopted September 13. The rules betteridentify the nature of projects, heavy,highway or building construction, andconform them largely to Federal Davis-Bacon terminology. The regulations alsoestablish a procedure for debarment for aperiod of up to 3 years for law violations,and make the appeal procedure for pre-vailing wage cases consistent with theoverall wage claim process. The respons-ibilities of contractors and contractingagencies are more clearly defined. Facsimilefilings are permitted.

Nebraska

Agriculture. Among revisions to the FarmLabor Contractors Act, operations whichhave a workforce comprised of 80 percentor more individuals who are age 17 years oryounger and which have obtained acertificate of exemption from the de-partment of labor were excluded fromcoverage, while the previous exemption waseliminated for those operations whichemploy individuals who all live within 50miles of the worksite. The provisions forapplication and annual renewal fees of $750were replaced with a requirement that theCommissioner of Labor establish theamount of the fees, which are not to exceed$750, by rule and regulation with due regardfor the costs of administering the act. Onits own initiative or upon receipt of acomplaint or notice that a farm labor con-tractor is in violation of the act, the depart-ment now is to conduct an investigation ofthe contractor. Contractors are to provide abilingual employee who will be available atthe worksite for each shift a non-English-speaking worker is employed, if the farm



labor contractor has a workforce of 10 ormore non-English-speaking workers whospeak the same language.

Other laws. State law was made con-sistent with Federal law, regarding privateand public sector employees who serve inthe military, by adopting, as State law, partsof the Federal Uniformed Services Employ-ment and Reemployment Rights Act of1994. In other changes, State and localpersonnel will be granted a “State em-ergency leave of absence” for emergencyduty when called upon by the governor,and public sector employees are now en-titled to take a military leave of absenceequal to the normal number of hours theemployee works in a 3-week period up to amaximum of 120 hours in a calendar year.Previously, State and local governmentemployees were granted up to 15 workdaysof leave each year for service in the NationalGuard or reserves, regardless of their hoursworked.

If an employee, who is not a member ofa labor organization, chooses to have legalrepresentation from the labor organizationin any grievance or legal action, the em-ployee must reimburse the labor organ-ization for his or her share of the actuallegal fees and court costs incurred in therepresentation.

New Hampshire

Other laws. A law was enacted providingemployment protection for members of theNational Guard, State Guard, or Militia.The measure eliminates the differences inbenefits, rights, and protections in em-ployment between individuals called toactive duty by the Federal Government andthose called to active duty by the State. Itprovides that an individual may not bedenied hiring, retention in employment,promotion, or other incidents or advantagesof employment because of any obligationas a member of the National Guard or theState Militia. The department of labor is toprovide assistance to affected militarymembers with respect to the enforcementof rights and benefits under the law.

New Jersey

Wages. When a regular payday falls on anon-workday, resulting from the workplacebeing closed for business, payment now isto be made on the immediately precedingworkday, unless otherwise provided in acollective bargaining agreement. Previously,

payment was to be made on the nextfollowing workday.

An executive order was issued requiringthat on a project-by-project basis, a Statedepartment, instrumentality, or authorityis to include a project labor agreement in apublic works project where it has beendetermined that it advances the State’sinterests of cost, efficiency, quality, safety,timeliness, skilled labor force, laborstability, or the State’s policy to advanceminority and women-owned businesses.Among other things, the project laboragreement is to set forth binding proceduresfor resolving jurisdictional labor disputesand grievances arising before the completionof work; contain guarantees against strikes,lockouts, or similar actions; permitflexibility in work scheduling and shifthours and times; ensure a reliable source ofskilled and experienced labor; permit theselection of the lowest qualified bidder,without regard to union or nonunion statusat other construction sites; and be madebinding on all contractors and sub-contractors on the public works projectthrough the inclusion of appropriate bidspecifications in all relevant bid documents.

The sections of the prevailing wage lawrequiring payment of the prevailing wagerate on construction contracts let by theNew Jersey Economic DevelopmentAuthority were amended to also apply toconstruction contracts let by other au-thorities receiving financial assistance fromthe Economic Development Authority.Financial assistance was defined as anyloan, loan guarantee, grant, incentive, taxexemption, or other financial assistance thatenables an entity to engage in a constructioncontract. Payment of the prevailing wagewill not be required for construction com-mencing more than 2 years after theassistance is received.

The maximum administrative penaltiesthat the labor commissioner is authorizedto assess and collect for violations of theprevailing wage law were increased from$250 to $2,500 for a first violation, andfrom $500 to $5,000 for each subsequentviolation.

Overtime. Employees of health carefacilities will not be required to accept workin excess of an agreed to, predetermined,and regularly scheduled daily work shift,not to exceed 40 hours per week, except inthe case of an unforeseeable emergent cir-cumstance when the overtime is requiredonly as a last resort and is not used to fill

vacancies resulting from chronic shortstaffing, and the employer has exhaustedreasonable efforts to obtain staffing.Acceptance by any employee of work inexcess of 40 hours per week must bevoluntary and the refusal of any employeeto accept such overtime work will not begrounds for discrimination, dismissal, orany other penalty or adverse employmentdecision. The requirement that the employ-er exhaust reasonable efforts to obtainstaffing will not apply in the event of anydeclared national, State, or municipalemergency or a disaster or other catas-trophic event which substantially affectsor increases the need for health care service.The law will take effect in January 2003 foracute care hospitals and in July 2003 forlong-term care facilities and all other healthcare facilities.

Apparel. An executive order was issuedspecifying that public bodies obtainingapparel from a vendor are to require that allproduction be performed in the UnitedStates. They also are to require that it beperformed in facilities where:(1) vendorsand their contractors and subcontractors donot interfere with union organization andagree to voluntarily recognize a dulyauthorized union; (2) apparel productionworkers will not be terminated except forjust cause and vendors and their contractorsand subcontractors will provide amechanism to resolve all disputes; (3)workers are to have a safe and healthy workenvironment that is free of discriminationon the basis of race, national origin, religion,sex, and sexual preference; (4) contracts willbe issued only to contractors, andproduction will be performed only bycontractors or subcontractors having arecord of compliance with laws andregulations governing wages and hours,discrimination, and occupational safety andhealth; and (5) apparel production will beperformed only by contractors orsubcontractors who provide compensationat an hourly rate that yields an annualincome at least equal to the poverty-levelthreshold amount for a family of three.Bidders for apparel contracts are to provideinformation on every location whereproduction is to take place, and the name,business address, and names of principalofficers of each subcontractor to be used.In the event of a violation, the Commissioner


of Labor may terminate an existing contractand may bar the vendor or bidder fromreceiving pending or subsequent apparelcontracts.

Equal employment opportunity. It now isunlawful for any employer to discharge orotherwise discriminate against an employeein compensation or in terms, conditions, orprivileges of employment for displaying theAmerican flag on the employee’s person orwork station, provided the display does notinterfere with the employee’s job duties.An employer in violation will be liable tothe employee for damages, includingpunitive damages, and for reasonableattorney’s fees.

Worker privacy. An Open Public RecordsAct was enacted expanding the public’sright to access all public records to includeall government records and facilitating theway in which that access is provided bythe custodian of a government record.Public agencies were authorized to takeanticipatory administrative action inadvance as necessary for the efficientimplementation of the act, establishing theprocess by which members of the publicmay seek access to records and, at the sametime, providing for the confidentiality ofcertain records. A Privacy StudyCommission was established to examineprivacy issues raised by the collection,processing, use, and dissemination ofinformation by public agencies, and torecommend to the governor and thelegislature specific measures to addressthese issues and safeguard individuals’privacy rights.

Workplace violence. A task force wasestablished to study workplace violence andto recommend legislation and other actionto improve workplace security. A report isto be issued by Aug. 3, 2003, that willcontain: (1) a review of the incidence ofworkplace violence, based on data obtainedfrom Federal, State, and local health, labor,and law enforcement agencies; (2) ananalysis of the types of businesses,employees, and situations with the greatestoccurrences of workplace violence; and (3)recommendations for appropriatelegislation, regulations, or incentivesnecessary for increased security in

workplaces and the protection ofemployees.

Other laws. The requirement thatindividuals hired as permanent publicschool teachers be U.S. citizens wasamended to exempt teachers from foreigncountries who are enrolled with anapproved international agency whichoperates a teacher placement program orteacher exchange program. These teachersmay be employed for up to 3 years. To becertified, the teacher must meet theeligibility requirements for a provisionalinstructional certificate or possessequivalent qualifications as determined bythe State Board of Education, anddemonstrate the ability to fluently speak,read, and write the English language.

New Mexico

Family issues. A resolution was adoptedrequesting the Commission on the Statusof Women to lead a task force to study thecosts and benefits of providing wagereplacement to employees who take familyand medical leave.

New York

Wages. The minimum wage and paymentof wages laws were amended to coverlimited liability companies.

The debarment provisions of theprevailing wage law, previously applicableto the five largest shareholders of acontractor or subcontractor, now will applyto shareholders who own or control at least10 percent of the outstanding stock. Thelaw was also amended to provide for theineligibility to submit a bid or to be awardedany public works contract for a period of 5years from the date of conviction when anyperson or corporation, or any officer orshareholder who owns or controls at least10 percent of the outstanding stock of thecorporation, has been convicted of a felonyoffense for conduct directly relating toobtaining or attempting to obtain, orperforming or attempting to perform apublic work contract with a public body,and the felony offense is a violation of theprevailing wage or wage payment laws or isone or more of several listed felonies.

Amendments were made in relation toactions for recovery from performance

bonds on public work projects. Actions byan affected employee to recover unpaidwages, supplements, and interest may bebrought against the contractor, thesubcontractor, or the issuer of the bond.The action now may be brought eitherwithin 1 year of the date of the filing of anorder by the Commissioner of Labor orother fiscal officer determining a wage orsupplement underpayment or within 1 yearof the date of the last alleged underpayment.The employee may permit thecommissioner or other fiscal officer tocommence the action on his or her behalf inaddition to an employee organization asbefore.

The labor law was amended to increasethe civil penalty for an employer’s failureto pay wages or for differentiating in therate of pay because of sex from $50 to $500for each violation. Penalties are to berecovered by the labor commissioner.

The criminal penalty section of thepayment of wages law was amended toprovide that a conviction for a first offenseof failure by an employer to pay wages ofemployees or failure to maintain payrollrecords is a misdemeanor punishable by afine of not less than $500 nor more than$20,000 or by imprisonment for not morethan 1 year. Conviction of a second orsubsequent offense within 6 years of thefirst conviction is a felony punishable by afine of not less than $500 nor more than$20,000 or imprisonment for not more than1 year plus 1 day, or both a fine andimprisonment, for each offense. Indetermining the penalty for recordkeepingviolations, the court is to consider theseverity of the violation, the size of theemployer, and the employer’s good faitheffort to comply with the law.

Child labor. A cashier under age 18 andemployed by a retailer with a drug storebeer license, may now sell alcoholicbeverages if under the direct supervision ofa person age 18 or older. This amendmentexpands a provision previously applicableto cashiers in licensed grocery stores.

Apparel . A New York State ApparelWorkers Fair Labor Conditions andProcurement Act was enacted. This lawamends the labor law, the State finance law,and the education law to require that State



agencies, public authorities, the StateUniversity of New York, the CityUniversity of New York, and communitycolleges consider labor standards andworking conditions when purchasingapparel. Contracts for the purchase ofapparel are only to be entered into withbidders who attest that the apparel wasmanufactured in compliance with allapplicable labor and occupational safetylaws, including but not limited to child laborlaws, wage and hour laws, workplace safetylaws, and laws protecting the rights ofemployees to form unions. Bidders mustalso provide, if known, the name andaddress of each subcontractor to be usedand a list of all manufacturing plants usedby the bidder or subcontractor.

The labor commissioner is to prepareand issue a notice to be posted at theworksite of every known apparel orgarment manufacturer or contractor in theState. The notice is to clearly specify: (1)the duties of employers with regard to therights of employees to the receipt andpayment of wages; (2) a toll free number atthe department of labor to which employeesmay direct questions or register complaintsconcerning the conditions of employmentor an employer’s failure to pay wages; and(3) the address of the regional departmentto file a complaint. The notice is to be inEnglish, Spanish, Chinese, and Korean, isto be printed in at least 10-point type, andis to be posted in a visible and prominentlocation within the worksite.

Equal employment opportunity. It now isunlawful for any employer to discharge orotherwise discriminate against an employeein compensation, or in terms, conditions,or privileges of employment for displayingthe American flag on the employee’s personor work station, provided the display doesnot interfere with the employee’s jobduties. The labor commissioner may assessan employer in violation a civil penalty ofnot less than $200 or more than $2,000. Anemployee may bring a civil action forappropriate relief including rehiring,payment of lost compensation, damages,and reasonable attorneys’ fees.

Amendments were made to the unlawfuldiscriminatory practices section of theHuman Rights Law pertaining to pro-tecting the right of employees to practicetheir religion. It now is an unlawful

discriminatory practice for an employer torefuse to allow an employee to use leavesolely because the leave is being used toaccommodate religious observance. It alsois an unlawful discriminatory practice foran employer to impose upon an individualcircumstances that would force thatindividual to forgo religious observance as acondition of employment, advancement, orpromotion unless, after engaging in a bonafide effort, the employer demonstrates thathe or she is unable to reasonablyaccommodate the employee’s or applicant’sreligious observance or practice withoutundue hardship on the conduct of thebusiness. Employers will not be requiredto pay premium wages to employees whoare working during hours when premiumwages would normally be paid, if the workduring those hours is to accommodatereligious observation on the employee’sbehalf.

Worker privacy. The section of the civilrights law relating to the confidentiality ofthe personnel records of police officers,correction officers, firefighters, andparamedics was amended to also coverindividuals defined as peace officers withinthe Division of Parole. Their personalrecords are to be considered confidential andnot subject to inspection or review withouttheir express written consent except as maybe mandated by lawful court order.

Employee leasing. A New York Pro-fessional Employers Act was enacted.Under the law, anyone engaged in thebusiness of providing professionalemployer services for a client companymust register with the department of labor.The initial registration fee is $1,000 with anannual renewal fee of $500. Information thatmust be provided includes the name ornames under which it conducts business;the address of the principal place ofbusiness and the address of each office itmaintains in the State; the taxpayer oremployer identification number; a list byjurisdiction of each name under which theprofessional employer organization hasoperated in the preceding 5 years; afinancial statement; and, in the event theorganization is a privately or closely heldcompany, a list of all persons or entitiesthat own a 5-percent or greater interest atthe time of application, or owned a 5-

percent or greater interest in the preceding5 years. A publicly traded company is tofile a list of all persons or entities that owna 50-percent or greater interest at the timeof application. A professional employeragreement will have no effect on existingcollective bargaining agreements.

Whistleblower. A section relating to theprohibition of retaliatory personnel actionsby certain health care employers againsthealth care employees was added to thelabor law. Retaliatory action is prohibitedagainst an employee who discloses orthreatens to disclose, or refuses to partic-ipate in, an employer activity, policy, orpractice that the employee, in good faith,reasonably believes constitutes improperquality of patient care. This protection shallonly apply if the employee brought theimproper activity to a supervisor’sattention and gave the employer reasonableopportunity to correct such activity. Theprotection application sequence of eventswill not apply where the improper qualityof patient care presents an imminent threatto public health or safety, or where theemployee believes that reporting to asupervisor would not result in correctiveaction. Employees who have been subjectto retaliation may seek relief through a civilaction. Besides relief for the employee, ifthe employer has acted in bad faith, thecourt may assess a penalty of up to$10,000. These penalties will go into a fundcommitted to improving the quality ofpatient care.

Ohio

Child labor. Sections of the educationcode and child labor law regardingadministration of age and schoolingcertificates for minors were amended. Part-time age and schooling certificates for 14-and 15-year-olds were eliminated, and achild may now apply for a regularcertificate at age 14 instead of age 16. Theprovision for issuance of over agecertificates to persons over age 18 waseliminated. It is no longer required tocomplete a vocational or special educationprogram in order to receive a certificate.Certificates may no longer contain socialsecurity information. The chief admin-istrative officer of the nonpublic or com-


munity school district attended by thechild, is responsible for issuing age andschooling certificates for city, local, jointvocational, or exempted districts whenthere is proof that the child is at least age14. Issuing officers must electronically filethe certificates with the State director ofcommerce, while employers are no longerrequired to keep the certificates on file.While any licensed physician or physician’sassistant may certify a students’ physicalcondition, a student athlete’s certificate ofexamination may be used to certify astudent’s condition.

Oklahoma

Wages. The commissioner of labor nowmay assess an administrative fine of $500against an employer operating in Oklahomawho is found to have knowingly violatedthe payment of wages law, if the violationsoccur on two or more occasions within any6-month period. All such administrativefines collected will be deposited to theDepartment of Labor Revolving Fund.

A classified State employee who is on-call will receive a minimum of 2 hours ofwork if he or she reports to a work locationwhile on-call. Previously, this guaranteeapplied only to classified State employeesworking in institutional settings.

The law requiring semimonthly pay-ment of wages on regular paydays, exceptfor exempt employees and State, county,and municipal employees who may be paida minimum of once each calendar month,was amended to also allow employees ofqualified nonprivate foundations to be paidmonthly.

Employee leasing. An Oklahoma Pro-fessional Employer Organization Re-cognition and Registration Act was enacted.Under the law, anyone engaged in thebusiness of providing professionalemployer services for a client companymust register with the Insurance Com-mission. The initial registration fee is $500with an annual renewal fee of $250.Information that must be provided includesthe name or names under which the businessoperates; the address of the principal placeof business and the address of each office itmaintains in the State; the taxpayer oremployer identification number; astatement of management experience; and a

financial statement. Each professionalemployer organization must maintain eithera net worth of $50,000 or a bond in thatamount. Both the client company and theprofessional employer organization will beconsidered the employer for the purposeof coverage under the Worker’sCompensation Act and for purposes ofsponsoring employee retirement andwelfare benefit plans.

Inmate labor. Persons convicted of drugdistribution now will be included amongthose inmates authorized to be issued apass to be away from the correctionalfacility for purposes including contactingprospective employers or participating inwork, educational, and training programs inthe community.

Other laws. The State law regarding timeoff for employees who are required to serveon a jury was amended. Employees may nolonger be required to use vacation or sickleave to serve on a jury. The employer isnot required to pay an employee wages forthe time he or she was absent for jury duty.However, the employee has the choice ofwhether to take paid or unpaid leave for thetime off. Employers in violation will beguilty of a misdemeanor and, uponconviction, subject to a fine of up to $5,000.

Oregon

Wages. A minimum wage ballot initiativewas approved by the voters in theNovember general election. Ballot measure25 provided for an increase in the Stateminimum wage from $6.50 per hour to$6.90 on Jan. 1, 2003. Beginning Jan. 1,2004, and annually thereafter, the rate willbe adjusted for inflation based on data fromthe U.S. Bureau of Labor StatisticsConsumer Price Index. The rate will berounded to the nearest 5 cents.

Pennsylvania

Child labor. The child labor law wasamended to provide that minors under age16 may not be employed in youth peddlingunless a signed consent has been obtainedfrom the minor’s parents or guardian, appro-priate adult supervision is provided, the mi-nor is not employed past 6 pm., and work is

in compliance with hours restrictions andsuch other requirements as the Departmentof Labor and Industry may establish to pro-tect the minor’s safety, health, and well-be-ing. Youth peddling is defined as the sellingof goods or services by minors to customersat their residence, places of business, or pub-lic places including, but not limited to, streetcorners, roadway medians, sports and per-forming arts facilities, public transportationstations and sales from vehicles. The lawdoes not apply to minors who sell prod-ucts, goods, or services as volunteers with-out compensation on behalf of nonprofit or-ganizations, minors who deliver newspapersto customers, or minors employed at fixedretail locations in compliance with the Fed-eral Fair Labor Standards Act.

Puerto Rico

Family issues. The law that provides forthe adoption of flexible work schedulesupon agreement between the employee andthe employer was amended to requireemployers to give priority in processing tothose requests submitted by women withminor children and single parents withcustody of their children.

Other laws. A sports leave without paypolicy was established for all public andprivate sector employees who are selectedand certified by the Board for theDevelopment of Full-Time High Per-formance Puerto Rican Athletes, as athletesin training and as trainers for Olympic,Paralympic, Pan American or CentralAmerican Games, or for Regional or WorldChampionships. The unpaid sports leavewill be for up to 1 year with a right ofrenewal, provided it has been approvedby the Board and the employer is notified30 days before its expiration date.Employees on leave will retain theirvested rights and benefits. During theterm of the sports leave, the Board willbe responsible for the salaries of theparticipants and must remit to theemployer the amounts corresponding tothe required legal deductions. Anemployer found in violation mustcompensate the athletes or trainers forany damages sustained, plus a sum equalto double the compensation awarded, and



employment if they have been dismissed.

Rhode Island

Wages. The section of the payment ofwages law establishing the enforcementpowers and duties of the Director ofLabor and Training was amended to add aprovision that the director may instituteany action to recover unpaid wages orother compensation under the law,including administrative fees, with orwithout the consent of the employee oremployees affected. Another changepermits fi l ing of wage claims by arepresentative authorized in writing bythe employee.

Resolutions were adopted declaringApr. 3, 2002, to be “Rhode Island PayEquity Day” and asking all RhodeIslanders to join in urging all other Statesto establish equitable compensation thateliminates sex and race based wagediscrimination.

Genetic testing. The Genetic Testing asa Condition of Employment law wasamended. The law, which prohibitsemployers, employment agencies, orlicensing agencies from discriminatingagainst employees, licensees, orapplicants for employment or licensureon the basis of genetic information ortest ing, was expanded by adding adefinition section and by specifying thatthe ban on discrimination applies to therefusal of the employee, licensee, orapplicant for employment or licensure tosubmit to a genetic test, submit a familyhealth history, reveal whether theindividual has submitted to a genetic test,or reveal the results of any genetic test.Any contract or agreement, whichpurports to waive the provisions of thislaw are invalid.

Private employment agencies. A specialHouse Commission was created toexamine procedures and best practices tofoster the employment of all individualsin the State including temporary

employees working for any employmentagency, placement service, training schoolor center, labor organization, or any otheremployee referring source, and tosafeguard their right to obtain and holdemployment without discrimination. Areport of findings and recommendationsis to be made by Mar. 12, 2003.

Other laws . The law requiringemployers to pay for the cost of anyphysical examination they require of aprospect ive employee pr ior toemployment was amended to specify thatany employer who fails to comply withthe law will be subject to a fine of $200.

South Carolina

Wages . A measure was enacted toprohibit a political subdivision of theState from establishing, mandating, orotherwise requiring either a minimumwage that exceeds the Federal minimumwage rate or a minimum wage rate relatedto employee wages that are exempt underthe Federal Fair Labor Standards Act.Political subdivisions may establish wagerates in contracts to which they are aparty.

Other laws. The Director of the Depart -ment of Labor, Licensing and Regulationis to ensure compliance with the Stateright-to-work law, and is to cooperatewith employees in the investigation andenforcement of claims against employers.Upon the filing of a complaint with thedepartment, the director may enter a placeof employment to determine compliance.It now is unlawful to obstruct the directorin the performance of duties under thelaw. It also is unlawful for a person or alabor organization to participate in anagreement, arrangement, or practice thathas the effect of requiring, as a conditionof employment, that an employee be,become, or remain a member of a labororganization or pay union dues or fees,and for a person or labor organization toinduce, cause, or encourage an employerto violate the law.

South Dakota

Other laws. Any member of the SouthDakota National Guard ordered to activeduty service by the governor or by thePresident of the United States will haveall the employment and reemploymentrights and other protections afforded topersons serving on Federal active duty asprovided for under Federal law. Thesection of State law regarding job rightsfor reservists and guardsmen wasrepealed.

Tennessee

Wages . Resolutions were adoptedasking the governor to recognize Apr. 16,2002, as “Equal Pay Day” in Tennesseerecognizing the full value of women’sskills and their significant contributionsto the labor force. April 16 symbolizesthe day on which the wages paid toAmerican women to that date in 2002,when added to women’s earnings for allof 2001, equal the 2001 earnings ofAmerican men.

The prevailing wage commission is toreport to the general assembly on or beforeJan. 1, 2003, with recommendations forimprovements to the current prevailingwage survey process which optimizes theresponse rates for the surveys conductedby the department.

Drug and alcohol testing. New sectionswere added to the State law dealing withdrug-free workplaces. State or localgovernment entities must include in anyissued bid or procurement specificationfor construction services a statement asto whether the government enti tyoperates a certified drug-free workplaceprogram or any other programs whichprovide for testing of employees forworkplace use of drugs or alcohol. Wheresuch programs exist , the bid orprocurement specification is also toinclude statements describing the programand specifying that all bidders forconstruction service contracts shallsubmit an affidavit that attests that the

must also reinstate them in their


bidder operates a drug-free workplace orother testing program with requirementsat least as stringent as those of the programoperated by the government entity.

Employee leasing. Among amendmentsto the employee leasing law, it now isspecified that a client will be jointly andseverally liable with a staff leasingcompany for State unemploymentpremiums for each of the client’s leasedemployees, provided however, that a clientwill be relieved of joint and several liabilityif the staff leasing company has posted acorporate surety bond with theadministrator of the Division ofEmployment Security of the TennesseeDepartment of Labor and WorkforceDevelopment.

Utah

Genetic testing. A Genetic TestingRestrictions on Employers Act wasenacted. This measure makes it unlawfulfor an employer, in connection with hiring,promotion, retention or related decisions,to take into consideration private geneticinformation about an individual, to requestor require an individual or his or her bloodrelative to submit to a genetic test, or totake into consideration the fact that anindividual or his or her blood relative hastaken or refused to take a genetic test.Limited exceptions permit an employer toseek an order compelling the disclosure ofgenetic information in connection with anemployment-related judicial oradministrative proceeding in which theindividual has placed his or her health atissue, or an employment-related decisionin which the employer has a reasonablebasis to believe that the individual’s healthcondition poses a real and unjustifiablesafety risk requiring the change or denial ofan assignment. The order will only beentered if other ways of obtaining theprivate information are not available orwould not be effective.

Worker privacy. Among amendments tothe Government Records and ManagementAct is a new section permitting an at-riskgovernment employee to file a writtenapplication that gives notice of his or her

status to each government entity holding arecord that would disclose the employee’sor a family member’s home address ortelephone number, Social Security number,insurance coverage, marital status, orpayroll deductions, and requests that therecords be classified private. Neither thegovernmental entity or political subdivisionis liable for damages arising from thenegligent disclosure of records classified asprivate unless the disclosure was ofemployment records maintained by thegovernmental entity, or the current orformer employee had previously filed therequired notice and the government entitydid not take reasonable steps to precludeaccess or distribution of the record, or therelease of the record was otherwise willfullyor grossly negligent. “At-risk governmentemployees” include peace officers, judges,U.S. attorneys and assistant attorneys, andcertain prosecutors. Changes made to thelaw in 2001 concerning limits on disclosureof information were repealed.

Employee leasing. Among severalamendments to the Professional EmployerOrganization Licensing Act, references tothe term “employee leasing company” wereremoved. References to the term “leasedemployee” were also eliminated andreplaced with the term “co-employee,”defined as a person who is an employee ofa professional employer organization andof a client company. A client company isdefined as an entity that leases any or all ofits regular employees from a professionalemployer organization. The law nowprovides that employees of professionalemployer organizations are not exemptfrom applicable licensure laws. Severalchanges were made in the qualifications forlicensure, in the procedure for refusing torenew the license of a professionalemployer organization, and in the definitionof unprofessional conduct.

Other laws. A State employee who servesas a bone marrow donor will be granted a paidleave of absence of up to 7 days for thedonation and recovery time. A State employeewho donates a human organ will be granted apaid leave of absence of up to 30 days for thedonation and recovery time.

A resolution was adopted expressingsupport for emergency measures needed tosave the American steel industry.

Vermont

Wages . It now is an unlawful em-ployment practice for any employer,employment agency, labor organization, orperson seeking employees to discriminatebetween employees on the basis of sex bypaying wages to employees of one sex at arate less than the rate paid to employees ofthe other sex for equal work that requiresequal skill, effort, and responsibility, and isperformed under similar workingconditions. Different wage rates may bepaid pursuant to a seniority system, a meritsystem, a system in which earnings arebased on quantity or quality of production,or any factor other than sex. An employerwho is paying wages in violation of the actmay not reduce the wage rate of any otheremployee in order to come into compliance.An employer in violation will be liable toany affected employee in the amount of theunderpaid wages and an equal amount asliquidated damages in addition to any otherremedies available.

Drug and alcohol testing. Among severalamendments to the law regulating drugtesting of employees and job applicants,the requirement that the test be given toapplicants as part of or in conjunction witha comprehensive physical examination wasdropped, the time limit for administeringthe test was eliminated, and employers areto designate a certified collector to collectspecimens from job applicants andemployees. The collector may be anemployee for the purposes of collectingspecimens from job applicants. Thecollector may not be an employee for thepurpose of collecting specimens fromemployees for drug testing based onprobable cause.

Other laws. A disaster relief workersfund was established to provide wagereimbursement to any Vermont employerfor disaster relief services rendered byemployees. The employee must be acertified disaster relief service volunteer ofthe American Red Cross. Reimbursementwill be for not more than 14 days for



performing disaster relief work pursuant toa request from the American Red Crosswhen: (1) the work is performed inVermont; or (2) the disaster is a Federal orpresidentially-declared disaster designatedas Level III or above, according to theAmerican Red Cross regulations andprocedures; or (3) the disaster is declaredby the governor of a State or territory. Anemployer will not be liable for damage,injury, or harm caused or sustained by anemployee who performs disaster reliefservices and who is eligible forreimbursement under the law.

Virginia

Wages. The law generally requiring thatemployees who are paid on an hourly basisbe paid at least once every 2 weeks or twice ineach month, was amended to allow employeeswhose weekly wages total more than 150percent of the average weekly wage of theCommonwealth to be paid monthly, uponagreement of each affected employee.

Genetic testing. It now is unlawful for anemployer to request, require, solicit, oradminister a genetic test to any person as acondition of employment, or to refuse tohire, fail to promote, discharge, orotherwise adversely affect any terms orconditions of employment of anyemployee or job applicant solely on thebasis of a genetic characteristic or theresults of a genetic test. An employee maybring court action against an employer inviolation.

Workplace violence/security. Any em-ployee who, in good faith with reasonablecause and without malice, truthfully reportsthreatening conduct by a person employedat the same workplace will be immune fromall civil liability that might otherwise beincurred or imposed as the result of makingsuch a report.

Other laws. The law protecting thoseemployees who are summoned to serve onjury duty or summoned or subpoenaed toappear in cour, from discharge or otheradverse personnel action, or from a re-quirement to use sick leave or vacation time,

who, having appeared, are required inwriting by the court to appear at any futurehearing.

The law regarding time off for militaryservice by Commonwealth officers andemployees who are former members of theArmed Forces or members of organizedreserve components, National Guard, orNaval Militia was amended. The Common-wealth may supplement the military payof its personnel in an effort to bring theirtotal salary up to the level of their non-military pay. Nongovernment employeesof the Commonwealth can choose to takeleave without pay from their employmentand not be forced to use or exhaust anytype of accrued leave. Discriminationagainst the above persons is prohibited inactions concerning initial employment,reemployment, employment retention,promotion, or earned benefits. If the officeor position of the returning service personhas been abolished or otherwise ceased toexist, the person shall be re-instated in aposition of like seniority, status, and pay ifthe position exists or in a comparablevacant position for which they are qualifiedunless to do so would be unreasonable. Ifthe employer fails or refuses to complywith the law, the courts may requirecompliance and compensate the employeefor any lost wages or benefits.

Virgin Islands

Wages. A law passed in 2001 increasedthe maximum fines from $500 to $2,500 forviolation of wage payment, minimum wage,recordkeeping, posting, and otherprovisions of the Fair Labor Standardschapter.

Equal employment opportunity . A re-solution was adopted asking the Presidentand U.S. Congress to enact legislation thatwould require that future foreign aid toAfghanistan and other foreign countries beconditioned, in significant part, upon therecipient’s active commitment to eliminatediscrimination against women.

Washington

Wages. The State minimum wage rate isadjusted for inflation annually in September

by a calculation using the U.S. Bureau ofLabor Statistics Consumer Price Index forUrban Wage Earners and Clerical Workers(CPI-U) for the previous year. As a result,the rate for employees older than age 18increased from $6.72 per hour to $6.90 onJan. 1, 2002, and to $7.01 on Jan. 1, 2003.Also receiving these rates are 16 and 17year-olds, the result of an administrativerule requiring that they earn the sameminimum wage as adults; 14 and 15 year-olds may be paid 85 percent of the adultminimum wage.

Provision was made for the State tomake payroll deductions for union duesfrom the wages of individual care providerswho, solely for the purposes of collectivebargaining, are employed by the home carequality authority. The payroll deduction isvoluntary upon the written authorizationof the individual provider unless thecollective bargaining agreement includes aunion security provision. In the event of aunion security provision, the State willenforce the agreement by deducting theunion dues for members, or fornonmembers, a fee equivalent to the dues.The initial additional costs to the State shallbe negotiated, agreed in advance, andreimbursed to the State by the bargainingrepresentative. Ongoing additional coststo the State shall be negotiated with thebargaining representative.

The State transportation law was re-vised to implement recommendations of theState’s Blue Ribbon Commission onTransportation. Among the changes, allintent and affidavit fees paid by contractorsare to be used solely for administering theState prevailing wage program. Prevailingwage survey data collected by the Depart-ment of Labor and Industry may now beused only in the county for which the workwas performed. The Department is toestablish a goal of conducting surveys foreach trade every 3 years; actively promoteincreased response rates from all surveyrecipients; work to ensure the integrity ofinformation used in the development ofprevailing wage rates; maintain a timelyprocessing of intents and affidavits, with atarget processing time of no more than 7working days from receipt of completedforms; and develop and implement elec-

was amended to also apply to individuals


tronic processing of intents and affidavits.The Department, in cooperation with theDepartment of Transportation, is also toconduct an assessment of current practices,including survey techniques, used in settingprevailing wages for those trades related totransportation facilities and transportationproject delivery.

Overtime. Overtime work may not berequired of licensed practical nurses orlicensed registered nurses who areemployed by a health care facility and whoare involved in direct patient care activitiesor clinical services and who receive anhourly wage. The acceptance by anyemployee of overtime is strictly voluntary,and the refusal to accept overtime work maynot be grounds for discrimination, dismissal,discharge, or any other penalty. Exceptionsare permitted for overtime work that occursbecause of any unforeseeable emergentcircumstance; because of prescheduled on-call time; when the employer documentsthat he or she has used reasonable efforts toobtain staffing (an employer has not usedreasonable efforts if overtime work is usedto fill vacancies resulting from chronic staffshortages); or when an employee is requiredto work overtime to complete a patient careprocedure already in progress where theabsence of the employee could have anadverse effect on the patient. TheDepartment of Labor and Industries is toenforce the law.

Family issues. Significant amendmentswere made to the law requiring employersto allow employees to use accrued sickleave to care for minor children with seriousmedical conditions. Now, where a collectivebargaining agreement or employer policyentitles an employee to sick leave or otherpaid time off, either the sick leave or othertime off may be used to provide care. Thedefinition of child was expanded to includethose age 18 or older who are incapable ofself-care because of a mental or physicaldisability. Coverage of the law was alsoexpanded to apply to leave by an employeeto care for a spouse, parent, parent-in-law,or grandparent with a serious medicalcondition. An employer may not discharge,threaten to discharge, demote, suspend,discipline, or otherwise discriminate againstan employee because he or she exercised, or

attempted to exercise, any right providedby the law, or has filed a complaint,testified, or assisted in any proceeding.

Agriculture. The law establishingstandards for temporary labor camps,used by agricultural workers employedin the harvest of cherries, was amendedto provide that the housing and facilitiesmay be occupied by agriculturalemployees for a period not to exceed 1week before the start through 1 weekfollowing the end of the cherry cropharvest in the State. Previously, campoccupancy was limited to 21 days in acalendar year with provision forextensions under certain circumstances.

Worker privacy. It now is unlawful for aperson or organization, with the intent toharm or intimidate, to sell, trade, give,publish, distribute, or otherwise releasethe residential address, residentialtelephone number, date of birth, or SocialSecurity number of any law enforcement-related, corrections officer-related, orcourt-related employee or volunteer andcategorize them as such, without theexpress writ ten permission of theemployee or volunteer unless specificallyexempted by law or court order. Anindividual who suffers damages as theresult of unauthorized release of thispersonal information may bring a courtaction for actual damages sustained, plusattorney’s fees and costs.

West Virginia

Wages. An amendment to the WestVirginia Tax Increment Financing Actstipulates that projects financed by taxincrement financing are considered to bepublic improvements subject to prevailingwage, local labor preference, andcompetitive bid requirements. Prevailingwage coverage will apply to any projectacquired, constructed, or financed, in wholeor in part, by a county commission ormunicipality under the law with a contractcost exceeding $50,000. This requirementis awaiting a vote by the people of the Stateto ratify an amendment to the Stateconstitution authorizing tax incrementfinancing secured by ad valorem propertytaxes.

Child labor. Several major revisions weremade to the child labor law. These includeenacting exemptions from the law forminors under age 14 similar to exemptionsfor minors under the Federal Fair LaborStandards Act, including newspaperdelivery and employment as actors orperformers in motion pictures, theatrical,radio, or television productions. Federalstandards were added prohibitinghazardous occupations for children underage 18. Federal standards were also adoptedlimiting work to no more than 3 hours perday on school days, no more than 18 hoursper week during a school week, and notbefore 7 a.m. or after 7 p.m., except fromJune 1 through Labor Day when the eveninghour is extended to 9 p.m. A limit of 6 daysa week was eliminated. Penalties forviolation were increased from a range of $20to $50 for a first offense to a range of $50 to$200, and for a second or subsequentoffense from a range of $50 to $200 to arange of $200 to $1,000. The time ofmaximum possible imprisonment for asecond or subsequent offense was increasedfrom 30 days to 6 months. Other changeswere made in the requirements for issuingindividual and blanket work permits.

Inmate labor . The law regarding thepayment of wages to prison inmatesparticipating in work release programswas amended to permit inmates todesignate a person to receive the balanceof payments for the support of theinmate’s dependents after requireddeductions are made. The requirementthat the clerk of the court, with theconsent of the inmate, pay the inmate’sexpenses or unpaid debts was eliminated.

Other laws. It now is unlawful for anyemployer to employ, hire, recruit, or refer,for private or public employment in theState, an alien who is not authorized to workby the immigration laws or the U. S.Attorney General. Employers areresponsible for checking the legal status orauthorization to work of their prospectiveemployees. Such proof includes, but is notlimited to a valid Social Security card, avalid immigration visa, a birth certificate, ora passport. Identification must includesome form of photo identification.Employers must keep a record of the



persons employed and proof of their legalstatus or authorization to work. Anemployer found in first violation of theprovisions of this article is guilty of amisdemeanor and may be fined between$100 and $1,000 for each violation. Anemployer found guilty of subsequentviolations is guilty of a misdemeanor andmay be fined between $500 and $5,000 foreach violation.

Wisconsin

Wages. On Jan. 1, 2002, the thresholdamount for coverage under the Stateprevailing wage laws for State andmunicipal contracts was changedadministrat ively from $172,000 to$175,000 for contracts in which morethan one trade is involved, and from$35,000 to $36,000 for contracts in whicha single trade is involved. On Jan. 1, 2003,these amounts were changed administrativelyto $180,000 for contracts in which morethan one trade is involved, and $37,000 forcontracts in which a single trade isinvolved.

Other laws. A law was enacted providingreemployment rights and benefits forpersons called to duty in the National

Guard or State defense force, under Statelaw instead of Federal law. Re-employmentrights and benefits are parallel to thoseprovided under Federal law for personscalled for Federal service. Employers arenow required to re-employ entitled personspromptly upon completion of their activeduty unless the employer’s circumstanceshave so changed as to make re-employmentof an employee impossible or unreasonable.Persons are entitled to re-employment if 1)the employer received advance notice of theactive service, 2) service did not exceed 5years, 3) the person reports back to workwithin required time frames, and 4) servicewas terminated under honorable conditions.Upon re-employment, the person isentitled to the seniority and other rightsand benefits that the person would havehad if his or her employment had not beeninterrupted by the State active service.

Wyoming

Wages. A committee is to be establishedto determine the parameters of a study tobe conducted by the University ofWyoming on the disparity of wages andbenefits between men and women in theState. The study is to focus on wheredisparities exist, the major causes of thewage and benefit disparities, the impact of

the disparities on Wyoming’s economy, andpossible solutions to reduce or eliminatethe disparities. A report is to be submittedto the legislature by May 1, 2003.

Other laws. The legislature approved aplan for reorganization of the Stategovernment, including the creation of aDepartment of Workforce Serviceson. Amongthe several functions or programs transferredto the department are displaced workereducation and training, public employmentoffices, veteran’s employment services, theschool-to-careers program, and the unem-ployment insurance program.

Notes1 The Arkansas, Montana, Nevada, North

Dakota, Oregon, and Texas legislatures did notmeet in regular session in 2002. The District ofColumbia, Indiana, Iowa, and North Carolinadid not enact significant legislation in the fieldscovered by this article. This article is based oninformation received by Nov. 8, 2002.

2 Several tables displaying State labor lawinformation, including a table on Stateminimum wage rates, are available on the U.S.Depar tment of Labor , EmploymentStandards Administration Website at: http://www.dol.gov/esa/programs/whd/state/state.htm

state labor legislation enacted in 2002 · occupational safety and health, employment and training,...

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