State Labor Legislation Enacted in 2005

By Fitzpatrick, John J Jr

Minimum wage, child labor, drug and alcohol testing, equal employment opportunity, human trafficking, overtime, plant closings, prevailing wage, time off, wages paid, and worker privacy were among the most active categories of labor legislation enacted or amended during the year

A greater volume of labor legislation, concentrated in more than 30 tracked categories, was enacted in 2005, compared with the volume enacted in recent years.’ Forty-eight of the 50 States, along with the District of Columbia, enacted labor legislation of consequence in the categories tracked. Iowa and Massachusetts were the only two States that had not done so at the time this article was written. Arkansas, California, Illinois, Maine, Montana, New York, Oregon, Rhode Island, Texas, Virginia, and Washington all enacted above- average numbers of labor-related laws.2

The labor legislation that was enacted by the States addressed issues in a significant number of employment standards areas and included many important measures. Among the areas addressed were agriculture, child labor, State departments of labor, the discharge of employees, drug and alcohol testing, equal employment opportunity, employment agencies, employer leasing, family issues, genetic testing, handicapped workers, hours worked, human trafficking, immigrant protections, inmate labor, living wages, the minimum wage, offsite work, overtime, plant closings, prevailing wages, the right to work, time off, unfair labor practices, wages paid, whistleblowers, worker privacy, and workplace security. This article does not cover legislation on occupational safety and health, employment and training, labor relations, employee background checks (except for those dealing with security issues), economic security, and local living-wage ordinances. Areas that appeared the most in new or amended legislation enacted in 2005 were child labor, drug and alcohol testing, equal employment opportunity, human trafficking (an area of increasing interest), the minimum wage, the prevailing wage, time off, wages paid, and worker privacy.

At the present time, six States3 do not have a minimum-wage requirement. As of January 1, 2006, minimum-wage rates were higher than the Federal minimum-wage standard in 17 States and the District of Columbia. Of the 44 States with minimum-wage laws, only two (Kansas and Ohio) have required rates lower than the Federal rate of $5.15 per hour.

The next section briefly summarizes, by category, a number of the legislative activities that resulted in laws enacted or amended by the individual State legislatures during the past year. Following this summary are more comprehensive descriptions of each State’s legislative activities during the course of the year.

Minimum wages. The issue of minimum wages was a “hot-button” issue in the States this year. More than 140 minimum-wage bills were introduced in at least 42 States and the District of Columbia. In Connecticut, Florida, Hawaii, Minnesota, New Jersey, Oregon, Vermont, Wisconsin, and the District of Columbia, State minimum- wage rates increased either because of new legislation that was enacted, because of laws that were previously enacted and that contained scheduled increases, or because of previously passed ballot initiatives. Georgia enacted legislation placing limits on local government entities controlling or affecting wages or benefits paid by parties doing business with those entities. Hawaii now prohibits employment measures from being instituted that could create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom a special minimum-wage rate has been authorized. Maine instituted a minimum salary in order for individuals to be considered bona fide executive, administrative, or professional employees. New Mexico established a separate hourly wage rate (combining minimum-wage and tip earnings) for employees who earn at least $30.00 per month in tips. Maine and Vermont passed legislation requiring the completion and submission of studies or analyses concerning living-wage issues.

Overtime wages. Alaska expanded the definition of the employment of persons considered as exceptions to the overtime regulations to include certain types of computer employment positions. In Illinois and Oregor. certain health professionals may no longer be required to work overtime unless certain circumstances or criteria are present.

Prevailing wages. Connecticut clarified coverage under its prevailing-wage law to include independent contractors. Illinois amended its prevailing-wage law so that when second or subsequent underpayment recoveries are brought against a contractor or subcontractor, additional civil penalties may be levied as a result of the action against those parties. Maine statutes now state that any party who believes that there are more than 10 workers employed in the State in a laborer, worker, or mechanic trade or occupation for which no wage rates and benefits were set in the previous survey may petition for inclusion of that trade or occupation in a supplemental survey. New Mexico raised the dollar amount required of a contract before prevailing wages must be paid. New York made it a misdemeanor for persons or corporations to pay less than the stipulated wage or supplement after entering into a public contract or subcontract and stated that such violations may be punished by fine and/or imprisonment for a first offense. Rhode Island contractors for public works who fail to post the appropriate prevailing-wage posters and information in conspicuous places shall be deemed guilty of a misdemeanor and liable for a civil monetary penalty that may be assessed on a daily basis.

Wages paid. Connecticut clarified the requirements for payment of commissions to salespersons who are terminated, while Hawaii expanded the information that must be contained in payroll receipts given to employees. Maine expanded its definition of wages to include compensation paid via a directdeposit system, automated teller machine cards, or some other means of electronic transfer, as long as the employee either can make an initial withdrawal of the entire amount at no additional cost or the employee can choose another means of payment that involves no additional cost. Maryland, Michigan, Minnesola, and North Dakota now permit employers to pay wages via a debit card. Migrant workers in Minnesota who are required to change their abode due to a change in employment status must be paid within 24 hours. Virginia employers who fail or refuse to pay wages are guilty of a Class 1 or Class 6 misdemeanor, depending upon whether the wages are less than or greater than $10,000.

Agriculture. Persons in Michigan may not operate, cause to be operated, or allow an agricultural labor camp to be occupied and used as such without those persons possessing a legal license. Those who do so without a license may be fined up to $ 10,000. Farm labor contractors in Oregon must submit certified payroll records to the commissioner of the Bureau of Labor and Industries.

Child labor. Arkansas clarified the permissible hours of employment for 16-year-old and 17-year-old minors and now allows 11 – year-old minors to be employed as sports officials for younger age brackets if certain criteria are met. Illinois State agencies may not issue procurement contracts if the contracts do not assert that no foreign-made material, equipment, or supplies furnished to the State may be produced in whole or in part by the labor of any child under 12 years. Nebraska now prohibits minors under 16 years from working as door-to-door solicitors, except to current customers of newspapers or shopping news. New Jersey increased its civil monetary penalties and administrative penalties for employers found guilty of first and subsequent child labor violations. New York employers who fail to obtain, and provide upon demand, employee proof of age may be fined and/or imprisoned for first offenses and fined or imprisoned with an increased severity for subsequent offenses. Rhode Island modified the listing of hazardous occupations for minors under 16 years. Texas law now requires minors to be at least 11 years of age in order to engage in the delivery of newspapers; the State also amended the definition of the phrase “delivery of newspapers.” Counties, cities, and towns in Virginia may authorize any person residing anywhere in the State who is 16 years or older and who is a member of a volunteer fire company within such locale to seek certification under National Fire Protection Association 1001, level-1, firefighter standards as administered by the Department of Fire Programs.

Drug and alcohol testing. California drivers of school transportation vehicles (those vehicles not used for the primary purpose of transporting children) who are not otherwise required to participate in a testing program of the U.S. secretary of Transportation are now required to participate in a program that is consistent with the controlled-substance and alcohol use and testing requirements of the U.S. secretary of Transportation that apply to school busdrivers. District of Columbia government employees who provide direct services to children must participate in a mandatory drug and alcohol testing program. Minnesota employers ma\y now request or require employees to undergo drug and alcohol testing on a random basis only if the employees are employed in a safety- sensitive position or if they are employed as professional athletes who are subject to a collective bargaining agreement permitting random testing to the extent consistent with the agreement. In Tennessee, both newly hired and existing employees may not provide any form of transportation services for compensation to a childcare agency or engage in any form of driving service involving children until the employees have undergone a drug test and the results are negative for illegal drug use. Motor carriers, employers, or consortiums in Washington State that are required to have a testing program must report, to the State Department of Labor, any refusal by a commercial motor vehicle driver to take a drug or alcohol test when the medical review officer or breath alcohol technician has not reported the refusal.

Equal employment opportunity. Language that prohibited women from working in mines was deleted from Arkansas statutes. In addition, employees in Arkansas who have been discriminated against because of their military service may bring civil action seeking backpay with interest, orders to recover compensatory and punitive damages, or an order to recover the cost of litigation and attorneys’ fees. Depending upon the number of persons employed by the firm, damages may range from a minimum of $15,000 to a maximum of $300,000. The Hawaii Revised Statutes now prohibit equal-pay discrimination based upon the sex of an individual, while Idaho Code prohibits employment discrimination because of a disability, unless the disability prevents the performance of the work required on the job in question. Louisiana adopted a resolution that a study be conducted to develop a plan to address barriers that prevent persons with mental illness from seeking, obtaining, and maintaining employment. Maine now prohibits employment discrimination against any applicant or employee because of his or her sexual orientation. Nebraska Revised Statutes were amended to define an employer as any person or agent thereof, engaged in an industry, who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Rhode Island has established an office with the purpose of working towards developing a business case for equity in building a diverse workforce to guarantee fair and reasonable opportunities for public service. A business case includes, among other things, analyses of the current workforce and the needs or problems associated with the issue of workforce diversity, as well as proposed alternative solutions to those problems.

Family issues. Public and private employers in Maine with more than 25 employees and who provide paid leave under an employment policy or collective bargaining agreement shall allow an employee to use the paid leave for the care of an immediate family member. The employer may limit the number of hours taken for this purpose, but in no instance may the hours allowed be fewer than 40 in a 12-month period. Civil actions may now be brought against Maine employers who violate the State Family Medical Leave Act. Oregon clarified the definition of a health care provider under the State Family Medical Leave Act. The Washington State Family Care Law now allows employees to use sick leave or other paid time off, including time allowed under certain disability policies, to care for certain family members, including adoptive parents, who have certain health conditions.

Human trafficking. This is an area that is showing a rise in interest by an increasing number of States. Arizona, Arkansas, California, Colorado, Illinois, Kansas, Louisiana, New Jersey, and Washington all enacted legislation dealing with the issue. The legislation dealt with issues that ranged from (1) establishing a definition of human trafficking, to (2) ordering studies of the problem, to (3) establishing fines and terms of imprisonment for performing such acts, and (4) providing services to victims of trafficking.

Time off. Employees in Alabama may no longer be required to use various types of personal leave for time spent injury-related activities. State employees and officers of Arizona who are members of the National Guard or Reserves and who are ordered to active duty are to be paid the difference between the employees’ or officers’ regular State pay and military pay if all annual and military leave balances have been exhausted. Arkansas employers must provide an unpaid leave of absence for employees who are engaged in (1) testing for, (2) the donation of, or (3) recovery from organ donation. A Florida State agency has been required to establish a program to award matching grants to private-sector employers that provide wages to employees serving in the State National Guard or Reserves while on Federal active duty. The grants are limited to a percentage of the monthly wages paid to the employee who is a resident for the actual period of such duty. Depending upon the number of employees, Illinois employers must grant a minimum number of days of unpaid family military leave to an employee during the time State or Federal deployment orders are in effect. Also in Illinois, hotel room attendants must be provided with a minimum of two 15-minute rest breaks and one 30-minute meal break in each workday in which they work at least 7 hours, but only in counties exceeding a certain population. New Hampshire employers are now required to allow employees who are victims of certain crimes to leave work to attend court or other legal or investigative proceedings associated with the prosecution of the crime. In Rhode Island, most employers involved in the continuous employment of women and children must provide a 20-minute mealtime within a 6-hour work shift and a 30- minute mealtime within an 8-houi work shift. Employees in Virginia who miss work to serve as election officers cannot now be discharged, required to use sick leave or vacation time, or have any other adverse personnel action taken against them, provided that they give their employer reasonable notice of their absence.

Worker privacy. Persons in California are prohibited from knowingly posting the home address or telephone number of any elected or appointed official, or that of the official’s residing spouse or child, on the Internet, knowing that that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. Georgia now exempts from disclosure those records which reveal the home address, Social security number, or home telephone number of certain public employees, as well as insurance or medical information about such employees. Information contained in North Carolina school employee personnel files is confidential and shall not be opened for inspection or examination, except to the employee, applicant for employment, or former employee in question or to his or her properly authorized agent. Also in North Carolina, public officials and employees who knowingly, willfully, and with malice permit any person to have access to information contained in a personnel file are guilty of a Class 3 misdemeanor. Eligible public employees in Oregon may request that any driver, personnel, or vehicle maintenance record kept that contains or is required to contain the address of the employee’s residence contain instead the address of the public agency employing the eligible employee. Pennsylvania employers who disclose information about a current or former employee’s job performance to a prospective employer of that employee, upon the request of the prospective employer of the current or former employee, when acting in good faith, are immune from civil liability for such disclosure or its consequences in any case brought against the employer by the current or former employee. Texas has extended the confidentiality of addresses, telephone numbers, Social security numbers, and personal family information to cover employees of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any matters concerning criminal law or child protective services. Washington State employers who disclose information about a former or current employee are now immune from civil and criminal liability if the information relates to the employee’s diligence, skill, ability to perform his or her job, or reliability in performing the job, or if it relates to any illegal act committed in performing the duties of the job. The employer is presumed to be acting in good faith, a presumption that can be rebutted only by showing clear and convincing evidence to the contrary.

The discussion that follows consists of detailed descriptions of legislation enacted or amended during the past year in individual States in the various categories tracked.

Alabama

Time off. Employees may no longer be required or requested to use annual leave, vacation leave, unpaid leave, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury.

Workplace security. The legislature adopted a resolution that urges private enterprises doing business in the State, with the assistance of the State Department of Homeland security, to become active participants in the Basic Pilot Employment Verification Program, a workplace verification program administered by the U.S. Department of Homeland security. The program uses an automated system that (1) allows employers to confirm the employment eligibility of all newly hired employees, (2) improves the accuracy of wage and tax reporting and protects jobs for authorized U.S. workers, (3) has safeguards to ensure that both the empl\oyer’s and the employee’s information is protected, and (4) permits an employer to drop out of the program at any time by providing written notice of such intention.

Alaska

Overtime. The State Wage and Hour Act, as it relates to the employment of persons acting in a supervisory, administrative, executive, or professional capacity who are listed as exceptions to the overtime regulations, was amended to include computer systems analysts, computer programmers, software engineers, and other similarly skilled workers. These workers employed in a bona fide executive, administrative, or professional capacity shall be compensated on a salary or fee basis at a rate of not less than 2 times the State minimum wage for the first 40 hours of employment each week.

Flight crews that worked on or after January 1, 2000, are exempt from overtime compensation. This legislation was applied retroactively to all actions and proceedings that were based on a claim for overtime compensation for employment for flight crew members and that were not determined by final court judgment or administrative decision on or before the effective date of the legislation in May 2005.

Arizona

Employment agency. Agreements between clients and employment agencies now govern both parties and all employees covered by the agreements. The client has the right to direct and control covered employees in order to conduct the client’s business. Such agreements require the agency to pay employee wages; withhold, collect, report, and remit payroll-related taxes; and make payments for benefits. Both the ayxncy and the client have the right to hire, terminate, and discipline employees. A professional-related agreement does not affect, modify, or amend anything required under the Federal National Labor Relations Act, the Federal Railway Labor Act, or any required registration or certification; nor does it diminish, abolish, or remove any rights of covered employees under any clients or obligations of clients to any covered employees that existed before the effective date of the agreement. Agencies that provide professional employer services within the State must register with the Arizona secretary of State, have a minimum net worth of at least $100,000, and deposit a bond, letter of credit, or securities with a minimum market value of $100,000.

Human trafficking. Under the State Revised Statutes, it is now unlawful to threaten or cause bodily injury to a person, restrain a person, or withhold government records or other personal property in an effort to obtain a person’s services. The revision of the statutes prohibits providing or obtaining another person by any means for the purpose of prostitution by force, fraud, or coercion. The act of trafficking another person to subject them to forced labor or services is also unlawful. Benefiting financially or receiving anything of value from violating these sections of the statutes is a Class 2 felony, and the victim is entitled to either the gross income of the perpetrator, the value of the victim’s labor to the defendant, or the value of the victim’s labor as guaranteed under the Fair Labor Standards Act.

Immigrant protections. The State Revised Statutes also were amended to stipulate that cities, towns, and counties shall not construct or maintain a work center if any part of the center is to facilitate the knowing employment of an alien who is not entitled to lawful residence in the United States.

Time off. A State employee or an officer of the State who is in the Military Reserves or National Guard and who is ordered to active duty due to a declaration of a state of emergency is to receive the difference in the employee’s or officer’s regular State pay and military pay if all annual and military leave balances have been exhausted. Neither the employee nor the officer may accrue annual or sick leave during the period of active duty. Within 60 days of return from active duty, the employee or officer must provide proof that he or she rendered honorable service while on active duty for any period for which the employee or officer received the pay differential.

Worker privacy. The State Revised Statutes were amended to specify that the Department of Transportation shall not release a photograph of a peace officer if the officer has requested, in the manner prescribed by the State, that one or more persons be prohibited from accessing the peace officer’s residential address and telephone number in any record maintained by the department. The statutes do not prohibit the use of the peace officer’s photograph if ( 1 ) it is used by a law enforcement agency to assist a person who has a complaint against an officer in identifying the officer or (2) the photograph is obtained from a source other than the department.

Other laws. For taxable years beginning with and after December 31,2005, a credit is allowed against the taxes imposed on an employer whose employee is a member of the State National Guard if the employee is placed on active duty. The amount of the credit is $ 1,000 for each employee placed on active duty. The employer qualifies for the credit if (1) the employee is in a full-time (or equivalent) position when called to duty or (2) during the taxable year, the employee has served on active duty for training that exceeds the required annual training period. Moreover, (3) if the employer’s allowable credits exceed the taxes otherwise due or if there are no taxes due by the employer, the credit may be carried forward for not more than 5 consecutive taxable years as a credit against subsequent years’ income tax liability; (4) the credit may be claimed only once in any taxable year; and (5) co-owners of a business, including partners, each may claim only the prorated share based on the ownership interest, and such owners may not exceed the amount that would have been allowed to a sole owner.

Arkansas

Child labor. An amendment to the State’s child labor law clarified the permissible hours of employment for 16-year-old and 17- year-old minors. Minors of these ages may not work more than 10 consecutive hours in any one day or more than 10 hours in a 24-hour period. Minors under 18 years may work before 6:00 A.M. or after 11:00 P.M. on nights preceding nonschool days only in occupations that have been declared safe by the State’s Department of Labor.

Under the State’s child labor law, 11-year-old minors now may be employed as sports officials for younger age brackets if an adult representative of the athletic program is on the premises at which the event is occurring and if the adult representative possesses a signed consent from the minor’s parent or guardian. Regulations regarding hours of employment still apply to any employed minor.

Discharge. Emergency medical technicians can be disqualified from certain positions of employment for having been convicted of certain types of offenses, including previous offenses that have been expunged from the record They cannot be disqualified if the offense was not committed while they were performing duties of an emergency medical technician.

Equal employment opportunity. An employee cannot be discriminated against because of his or her military service. Those currently serving and those who have been honorably discharged within 6 months of the alleged discrimination may bring a civil action in a circuit court of competent jurisdiction. The employee may seek backpay with interest, an order to recover compensatory and punitive damages, or an order to recover the cost of litigation and attorneys’ fees. Total damages awarded may not exceed $15,000 from an employer who employs 5 to 14 employees for 20 or more weeks, $50,000 from an employer who employs between 15 and 100 employees for 20 or more weeks, $100,000 from an employer who employs between 101 and 200 employees for 20 or more weeks, $200,000 from an employer who employs between 201 and 500 employees for 20 or more weeks, and $300,000 from an employer who employs more than 500 employees for 20 or more weeks. Action must occur within 1 year of the alleged conduct or within 1 year of the end of the employee’s military mobilization. If the employer demonstrates that its actions were based on legitimate, nondiscriminatory factors unrelated to the military service, the employer may use that fact as a defense.

Legislation was enacted that deleted language prohibiting women and girls of any age from working in a mine. Women who are 18 years and older now are permitted to work in mines.

Hours worked. The State code concerning hours of duty and the rest period of drivers was repealed. It is now legal to keep drivers on duty for more than 15 consecutive hours if their shift is followed by 8 hours of rest.

Human trafficking. The State code was amended to define the trafficking of persons and trafficking activities. An individual is guilty of “trafficking”-a felony-if he or she recruits, harbors, transports, or obtains a person for laborer services, through the use of force, fraud, or coercion, for the purpose of subjecting the person to involuntary servitude, peonage, debt bondage, slavery, marriage, adoption, or sexual conduct, or if the person benefits financially or by receiving anything of value from participation in any of these activities. “Debt bondage” is the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or those of a person under the debtor’s control as security for debt if the value of those services, as reasonably assessed, is not applied to the liquidation of the debt or if the length and nature of the services are not respectively limited or defined. “Involuntary servitude” is a condition of servitude induced either (1) by means of any scheme, plan, or pattern of behavior intended to cause a person to believe that if the person does not enter into or continue the servitude, the person or another person will suffer serious physical inj\ury or restraint or (2) by the abuse or threatened abuse of the legal process. “Peonage” is defined as holding someone against his or her will to pay off a debt.

Time off. Legislation was enacted to ensure that employees of the State who have incurred a disability due to military service are entitled to a leave of absence with pay for treatment or reexamination. The leave of absence may not exceed 6 days during 1 calendar year. The employee is entitled to his or her regular salary during the leave of absence, which cannot be deducted from regular annual leave or sick leave. During the leave of absence, the employee also is entitled to maintain all rights and privileges previously given him or her. The leave of absence may not interfere with retirement benefits or insurance premiums contributed by the State.

Private employers are required to provide an unpaid leave of absence for employees during testing for, donation of, and recovery from organ donation. In addition to any medical, personal, or other paid leave provided by the employer, the employer shall grant the employee an unpaid leave of absence to allow the employee to serve as an organ or bonemarrow donor if the employee requests a leave of absence in writing. The length of the leave of absence shall be equal to the time requested by the employee or 90 days, whichever is less. However, a private employer may grant a paid or unpaid leave of absence for a length of time greater than 90 days. If the employer agrees to pay the employee’s regular salary or wages during the leave of absence, the employer is entitled to a credit against its State withholding tax liability. If the employer grants the employee a leave of absence greater than 90 days, the credit provided shall be limited to the regular salary or wages paid during the first 90 days of the leave of absence. The credit shall be taken within 1 year of the date of the beginning of the leave.

Workplace security. The State now requires that commercial drivers who transport hazardous materials undergo a criminal background check and evaluation from the U.S. Transportation security Administration to establish the fact that the driver is not a security risk. Before issuing a person a commercial driver’s license, the Office of Driver Services must obtain information about the person’s driving record through the License Information System, from the National Driver Register, and from each State in which the person has been licensed. The criminal background check became effective after January 30, 2005. After May 31, 2005, before renewing or accepting a transferred commercial driver’s license with a hazardous-materials, or “H,” endorsement, the Office of Driver Services shall obtain a criminal background check and evaluation from the Transportation security Administration. If the license is denied or not renewed, the decision may be appealed to the Agency.

Other laws. A relative of a school board member may not be employed for compensation totaling more than $5,000 by the public educational entity that the member serves during his or her tenure of service, unless the director of the State Department of Education approves and issues a letter of exemption. Relatives who were employed before their family member joined the entity may continue their employment. An increase greater than $2,500 in their compensation also must be approved by the director. Family members may substitute as teachers, cafeteria workers, or busdrivers, but not longer than 30 days per year. In unusual and limited circumstances, the board may approve an employment contract involving a family member. If any proposed contract involves a family member, the board member must leave the room during the vote.

California

Equal employment opportunity. Any person claiming to be aggrieved by an alleged unlawful practice may file a written verified complaint with the State Department of Fair Employment and Housing. The employee has 1 year from the date on which the alleged unlawful practice or refusal to cooperate occurred. However, the filing period may be extended for various reasons. The amendment of the State Government Code allows an extension, not to exceed 1 year, from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.

The State Civil Service Act requires each agency and department to establish an effective equal opportunity (formerly titled “affirmative action”) program to establish goals and timetables designed to overcome any identified underutilization of minorities and women in their organizations. The State Personnel Board shall be responsible for taking all steps necessary to provide statewide advocacy, coordination, enforcement, and monitoring of these programs. The board shall develop, implement, and maintain equal employment opportunity guidelines and provide technical assistance in the development and implementation of the programs. The board also shall provide statewide training. Upward mobility shall be tracked for persons categorized by race, ethnicity, gender, and disability to determine whether they are being placed into better paying and higher level positions. Each State agency shall develop, update annually, and implement a plan that shall, at a minimum and on the basis of race, ethnicity, and gender within each department by job category and level, identify the areas of significant underutilization of specific groups. All job categories shall be analyzed. An explanation and specific actions must be developed for removing any non-jobrelated employment barriers. Departments shall establish and invite all employees to serve on a committee whose members either have disabilities or have an interest in disability issues. The committee must comprise at least two-thirds of the active advisory membership. If the board finds that past discriminatory practices have existed, it may modify any layoff or reemployment orders if the failure to do so by a department would result in ineligibility for a Federal program and the loss of Federal funds. The State Personnel Board must establish, monitor, and report on equal opportunity programs, including goals and timetables for ensuring that individuals with disabilities have access to State employment.

Department of labor. The Division of Labor Standards Enforcement does not have the authority to promulgate a specified regulation relating to meal and rest periods, because this authority rests with the State legislature or the Industrial Welfare Commission. The latter is the State agency empowered to formulate regulations governing employment in the State.

Drug and alcohol testing. Drivers of school transportation vehicles (those which are not a school bus, school pupil activity bus, or youth bus and which are not used for the primary purpose of transporting children) who are employed to drive such vehicles and who are not otherwise required to participate in a testing program of the U.S. secretary of Transportation shall participate in a program that is consistent with the controlled-substance and alcohol use and testing requirements of the U.S. secretary of Transportation that apply to school busdrivers and that are set forth in Title 49 of the Code of Federal Regulations.

Human trafficking. A victim of human trafficking may bring a civil action for actual compensatory or punitive damages or injunctive relief. “Trafficking” refers to all acts involved in the recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons within national or across international borders through force, coercion, fraud, or deception, in order to place such persons in situations of slavery or slaverylike conditions, forced labor or services (such as forced prostitution or sexual services), domestic servitude, bonded sweatshop labor, or other debt bondage. A prevailing plaintiff also may be awarded attorneys’ fees and costs, as well as remedies up to 3 times their actual damages or $10,000, whichever is greater. Punitive damages may be awarded as well, upon proof of defendant’s malice, oppression, fraud, or infliction of duress in committing the act of human trafficking. An action shall be brought within 5 years of the date on which the victim was freed from the trafficking situation or within 8 years after the date the plaintiff attains the age of majority if the victim was a minor when the trafficking occu’icd. The State Alliance to Combat Trafficking and Slavery Task Force was repealed as part of this legislation, but was reestablished under a separate statute.

The State has developed the Joint Committee on Human Trafficking to study and investigate a number of issues, including the training of law enforcement agencies, education efforts aimed at identifying trafficking victims, coordination among programs serving victims of trafficking, the development of culturally appropriate services, and the collection of better data regarding the number of victims and their locations within the State. The Joint Committee will report to the legislature on September 30, 2006, and is authorized to act until November 30,2006.

The State established the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force to evaluate various programs available to victims of trafficking and various criminal statutes addressing the issue. The Task Force must report to the State legislature, Governor, and attorney general on or before July 1,2007, regarding the measure and evaluation of the progress of the State in preventing trafficking, protecting and providing assistance to victims, and prosecuting persons engaged in the crime.

Time off. Existing law requires employers to provide meal periods to employees during work periods of specified duration. State law was amended so that if an employee in the motion picture or broadcasting industry is covered by a valid collective bargaining agreement that provides for meal p\eriods and includes a monetary remedy if the employee does not receive a meal period as required by the agreement, then the terms, conditions, and remedies of the collective bargaining agreement apply.

Worker privacy. The State Government Code was-amended to prohibit persons from posting the home address or telephone number of any elected or appointed official, or of the official’s residing spouse or child, on the Internet, knowing that the person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur, or threatening to cause imminent great bodily harm, to that individual. A violation of this prohibition is a misdemeanor, while a violation that leads to bodily injury of the official or his or her residing spouse or child is a misdemeanor or a felony. Officials whose home address or phone number is made public as a result of a violation of the State Government Code may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a maximum of 3 times the actual damages, but in no case less than $4,000.

State law was amended to require that, by January 1,2008, an employer include no more than the last four digits of an employee’s Social security number or an existing employee identification number other than a Social security number on any check provided to the employee. If a State, city, county, district, or any other governmental entity furnishes its employees with a check, draft, or voucher paying the employee’s wages, then, by January 1, 2008, no more than the last four digits of the employee’s Social security number or an existing employee identification number must appear in the appropriate place on that document. Current or former employees have the right to inspect or copy the records upon reasonable request within no later than 21 calendar days from the date of the request.

Workplace security. The Electronic Recording Delivery Act of 2004 requires computer security auditors who perform independent audits of electronic recording delivery systems to have access to any aspect of the systems they audit. Any auditors who have been convicted of, or have pending criminal charges pertaining to, a felony or who have misdemeanor charges related to theft, fraud, or a crime of moral turpitude are not to be granted secure access to these delivery systems. The auditors must submit their fingerprints to the attorney general for a criminal records check to determine their eligibility for access to the electronic delivery systems. The attorney general shall forward the request to the State Department of Justice, which shall then forward the request to the Federal Bureau of Investigation in order to obtain the records check information. The information then shall be reviewed by the attorney general to determine the person’s eligibility for access to the electronic delivery systems in question.

Colorado

Agriculture. Employers engaged in floricultural pursuits and who provide their employees with board and lodging are now included among employers in those industries in which all wages or compensation earned by an employee shall be due and payable for regular periods of no greater duration than 1 month and on paydays no later than 10 days following the close of each pay period.

Human trafficking. A task force on human trafficking has been established. For purposes of the task force, trafficking is considered as all acts involved in the recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons, within international or national borders, through force, coercion, fraud, or deception, in order to place such persons in situations of slavery or slaverylike conditions, forced labor or services (such as forced prostitution or forced sexual services), domestic servitude, bonded sweatshop labor, or other debt bondage. The purpose of the task force is to collect data, evaluate prevention methods and prosecution, analyze existing criminal statutes, recommend revisions to them, and consult with organizations to strengthen their efforts against human trafficking. The members also will identify all programs that provide services to victims of human trafficking and will evaluate the public-awareness campaign. Findings will be reported to the State’s judiciary committees by January 15, 2007.

Whistleblower. The statutes governing the State Personnel Board were revised. The board is now permitted to authorize administrative law judges to conduct hearings on any matter within the jurisdiction of the board. Petitions filed with the board that result in an investigation into discrimination against an employee or that result in retaliation against an employee for disclosure of information are now exempt from the 90-day review requirement, and procedures are specified whereby a certified employee shall be notified of charges and his or her right of appeal. Appeal hearings are now required to be held within 90 days, rather than 45 days, of receipt of the employee’s appeal.

Connecticut

Minimum wage. The State minimum wage shall be not less than $7.40 per hour effective January 1, 2006, and not less than $7.65 per hour effective January 1, 2007.

Prevailing wage. The State prevailing-wage law applies to people doing the work of mechanics, laborers, or workers on prevailingwage projects, regardless of whether the individuals are or are not independent contractors.

Wages paid. When a contract between a principal and a sales representative is terminated, the principal shall pay to the sales representative, (1) by the contract date specified or 30 days after the effective date of termination, whichever is later, all commissions that are due on or before the effective date of the termination, and (2) by the contract date specified, but not later than 30 days after such commission becomes due under the contract terms, all commissions that are due after the effective date of the termination. Any principal who willfully, wantonly, recklessly, or in bad faith fails to pay any commissions due shall be liable in a civil action brought by a sales representative for twice the full amount of the commissions owed. The acceptance by a sales representative of a partial payment of commission from a principal shall not constitute a release by such sales representative, of any other commissions that are due, except if such payment is made pursuant to a binding and final written settlement and release. Any full release of all commissions claimed to be owed by a sales representative as a condition of a partial payment of commission shall be null and void.

Delaware

Hours worked. A utility vehicle driver engaged in the provision or restoration of utility services when the loss of the service is unexpected, unplanned, or unscheduled shall be exempt from the regulations governing the hours of service for drivers. The drivers no longer need be given 24 consecutive hours off following a period of at least 7 consecutive days of work.

Unfair labor practice. No State employee shall be discharged, threatened, or otherwise retaliated against with respect to the terms or conditions of his or her employment due to the exercise of the person’s rights under the State grievance and complaint procedure. An employee who alleges a violation may file a written complaint directly to the State Personnel Office. The employee and the director of personnel or his or her designee may agree to meet and attempt an informal resolution of the complaint, or the case could be heard and the director (or designee) will issue a written decision within 45 days of receipt of the complaint. Such decision shall be final and binding. If it is found that the employee engaged in prohibited conduct, the State Personnel Office shall initiate appropriate disciplinary action consistent with that decision. If the complainant employee is not satisfied with the director or designee’s decision, the employee may submit a written appeal to the State Merit Employee Relations Board within 20 calendar days of receipt of that decision.

District of Columbia

Drug and alcohol testing. Employees of the District government can be randomly selected for drug and alcohol testing. An applicant may be offered employment contingent upon receipt of a satisfactory drug testing result and may work in a position that is not safety sensitive prior to receiving the results. The District will give notice of implementing a testing program at least 30 days in advance of the implementation of the program. No employee may be tested prior to receiving the required notice. Each employee will be given one opportunity to seek treatment if needed. District employees who operate a motor vehicle in the performance of their employment will be subject to the testing of their urine or breath, with the employees’ consent. Testing for the purposes of determining drug or alcohol content can be done whenever a supervisor has probable cause or a police officer arrests such person for a violation of the law and has reasonable grounds to believe that the employee has been operating a motor vehicle within the District while under the influence of alcohol, any drug, or any combination thereof. Private providers that contract with the District, and each private entity licensed by the District government, who provide employees to work in safety-sensitive positions also shall establish mandatory drug and alcohol testing policies consistent with District requirements.

The Council of the District of Columbia resolved and put in place emergency legislation entitled “The Child and Youth, Safety and Health Omnibus Congressional Review Emergency Declaration Resolution of 2005.” The legislation established a mandatory drug and alcohol testing program for District government employees who provide direct servicesto children.

Genetic testing. The District’s Human Rights Act of 1977 was amended. Although the Act prohibits genetic discrimination by employers, employment agencies, and labor organizations, such entities are not prohibited from seeking, obtaining, or using genetic information to determine the existence of a bona fide occupational qualification that is reasonably necessary for the normal operation of an employer’s business or enterprise. When such instances occur, the employee or applicant must provide a written informed consent, the genetic information must be provided to the employee or applicant in writing as soon as it is available, and the genetic information must not be disclosed to any other person. In addition, the Act does not prohibit the employer from seeking, obtaining, or using genetic information to determine an employee’s or applicant’s susceptibility or level of exposure to potentially toxic substances in the workplace. Again, when such instances occur, the employee or applicant must provide a written informed consent, the genetic information must be provided to the employee or applicant in writing as soon as it is available, and the genetic information must not be disclosed to any other person.

Minimum wage. As of January 1, 2006, the minimum wage was raised to $7.00 an hour or was set at the Federal m inimum wage plus $ 1.00, whichever is greater.

Florida

Minimum wage. Due to an initiative passed in 2004, and following the guidelines of that initiative, the State minimum wage increased to $6.40 per hour on January 1,2006. Under the State Minimum Wage Act, beginning September 30, 2005, and then annually on September 30 thereafter, the Agency for Workforce Innovation shall calculate an adjusted State minimum-wage rate by increasing the State minimum wage by the rate of inflation for the 12 months prior to September 1 of each year. A grievance process has been established for those who believe that they have been discriminated against by their employer. If the issue is resolved in favor of the employee, the employer has 15 calendar days after receiving notice of the resolution of the grievance to pay the total amount of unpaid wages or otherwise satisfy the aggrieved person. Failure to do so may result in additional claims for unpaid wages. The State attorney general may bring a civil action to enforce this Act and may seek injunctive relief. In addition, or in lieu thereof, the attorney general may seek to impose a fine of $ 1,000 per violation, payable to the State, on any employer or other person found to have willfully violated the Act.

Time off. The State Agency for Workforce Innovation shall establish a program to award matching grants to private-sector employers that provide wages to employees serving in the U.S. Armed Forces Reserve or the State National Guard. The program is for those employees on Federal active duty subsequent to January 1, 2005. Each grant shall be awarded to reimburse the employer for not more than one-half of the monthly wages paid to the employee who is a resident for the actual period of such duty. The monthly grant per employee may not exceed one-half of the difference between the amount of the monthly wages paid by the employer at the level paid before the date the employee was called to such duty and the combined amount of the employee’s active-duty base pay, housing and variable allowances, and subsistence allowance. Professional licenses issued to any member of the National Guard or of the U.S. Armed Forces Reserves shall not expire while the member is serving on such duty and shall be extended for up to 90 days after the member’s return from such duty. Further, if the license is renewed during the 90-day period after the member’s return from duty, the member shall be responsible only for normal fees and activities relating to the renewal and shall not be charged any additional costs, such as late or delinquency fees.

Workplace security. Water management districts that have structures or facilities identified as critical infrastructure shall conduct fingerprint-based criminal history checks on current or prospective employees and other designated persons, pursuant to the water management district’s security plan for buildings, facilities, or structures and if those persons are allowed regular access to the buildings, facilities, or structures defined as restricted-access areas in the district’s security plan. Such checks will be conducted at least once every 5 years or at other, more frequent intervals, as determined by the district. The costs of the checks shall be paid by the district Those districts without structures or facilities identified as critical infrastructure also may conduct the fingerprint-based criminal history checks.

Georgia

Inmate labor. The prov isions of the Working Against Recidivism Act authorize work programs of voluntary labor by inmates of State and county correctional institutions for privately owned profit- making employers to produce goods and services for sale to public or private purchasers under certain circumstances in order to provide job experience and skills to participating inmates. With an eye toward lowering recidivism rates, such programs enable participating inmates to accumulate savings and earn income with which to pay fines, restitution, and family support. The programs also generate taxes from inmates’ income and reduce the cost of incarceration. Pay ment of inmates’ wages will be at a rate not less than that paid fty workof a similar nature in the location in which the work is performed. Further, there must be an assurance that ( 1 ) inmate labor will not result in the displacement of employed workers, (2) local private employers will not be affected, and (3) inmates will be employed in areas where there is a surplus of available gainful labor in a particular locality.

Minimum wage. A local government entity may not, through purchasing or contracting procedures, seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties with which the local government entity does business. Nor shall a local government entity, through the use of evaluation factors, qualification of bidders, or otherwise, award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties with which the local government entity does business.

Worker privacy. Records that reveal the home address, Social security number, or home telephone number of public employees (for example, a prosecutor or a publicly employed law enforcement officer), or records that reveal insurance or medical information about such employees, are exempt from the requirements of public disclosure.

Hawaii

Equal employment opportunity. The State Revised Statutes were amended to prohibit pay discrimination based upon the sex of an individual. Employers shall not discriminate between employees because of sex by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and that are performed under similai working conditions.

Minimum wage. All employers shall pay each of their employees wages at the hourly rate of not less than $6.75 per hour beginning January 1, 2006, and $7.25 per hour beginning January 1, 2007.

The wages of meal count assistants, adult supervisors, and classroom cleaners shall be no less than the current State minimum wage. Special minimum wages for learners, apprentices, full-time students, paroled wards of State youth correctional facilities, handicapped workers, individuals whose earning capacity is impaired by old age or physical or mental deficiency or injury (for whom special certificates have been issued with fixed expiration dates) may be prescribed. No measures may be instituted that shall create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom the special minimum-wage rate has been authorized.

Prevailing wage. Every laborer and mechanic performing work on the job site for the construction of any public work project shall be paid no less than the prevailing wage, which shall be established as the sum of the basic hourly rate and the cost to an employer of providing a laborer or mechanic with fringe benefits. Prevailing- wage determinations shall include the basic hourly rate, the rate of contribution or the cost of fringe benefits (as reflected in the wage rate scheduled as an hourly rate), and those rates regarded as prevailing wages in each corresponding classification of laborers and mechanics. The rate for the corresponding classification of laborers and mechanics shall be the rate paid to the greatest number of those employed in the State on contracts that are similar to the contract in question.

Wages paid. Every pay period, every employer shall furnish each employee with a legible, printed, typewritten, or handwritten notice showing the employee’s total hours worked, overtime hours worked, straight-time compensation, overtime compensation, other compensation, total gross compensation, amount and purpose of each deduction, total net compensation, date of payment, and pay period covered. Subsequent to the receipt of written authorization from the employee, the employer may provide an electronic record, in lieu of the aforementioned hard copy, that may be electronically accessed by the employee and that the employer shall retain for a period of at least 6 years.

Idaho

Equal employment opportunity. The State code was amended to prohibit employment discrimination against individuals because of a disability. This prohibition does not apply if the disability prevents the performance of the work required in the em\oloyee’s job.

Illinois

Child labor. Every contract entered into by a State agency for the procurement of equipment, materials, or supplies, other than procurement related to a public-works contract, mus? cpecify that no foreign-made equipment, material, or supplies furnished to the State under the contract may be produced in part or in whole by the labor of any child less than 12 years of age. The contractor must agree to comply with this provision. Contractors who violate the provision may be subject to (1) a voiding of the contract at the option of the State agency, (2) the assessment of a penalty that must be the greater of $ 1,000 or an amount equaling 20 percent of the value of the equipment, materials, or supplies that the State agency demonstrates were produced in whole or in part by child labor and supplied under the contract; and (3) a suspension from bidding on a State contract for a period not to exceed 360 days.

Employment agency. Day and temporary labor service agencies operating without having registered with the State Department of Labor are in violation of the State Finance Act and are subject to a possible $500 penalty. When laborers are contracted by such agencies, amounts deducted from their pay for the cost of meals, equipment, and transportation may not cause their wages to fall below the State or Federal minimum wage. Also, when these laborers are contracted to work at a third-party client’s worksite, but are not utilized by the third party, they shall be paid by the agency for a minimum of 4 hours of work at the agreed-upon rate. However, in the event that the agency contracts the laborer to work at another location during the same shift, the laborer shall be paid by thi agency for a minimum of 2 hours of work at the agreed-upon rate. The agency must keep all required employee and payroll records for the laborers it provides. Such an agency may not allow a motor vehicle to be used to transport the laborers if the agency knows or should know that the vehicle used for transportation is unsafe or not equipped as required by the Act, unless the vehicle is (1 ) the property of a public mass transportation system, (2) the property of a common earner, (3) the laborer’s personal vehicle, or (4) a laborer’s vehicle that is used to carpool other laborers and that is selected exclusively, and is the sole choice of the laborer, for transportation. Violations of the Act’s requirements may result in the assessment of a civil monetary penalty not to exceed $6,000 following a first audit and $2,500 for each repeat violation within 3 years. Under the Act, each violation of the Act for each laborer ana each day of violation constitutes a separate and distinct violation.

Equal employment opportunity. Each year, the State Department of Central Management Services shall prepare and revise a State Hispanic Employment Plan in consultation with knowledgeable individuals and organizations. The department shall report on the plan to the General Assembly by February 1 of each year. All State agencies shall implement strategies and programs to increase the number of Hispanics employed by the State and the number of bilingual persons employed at supervisory, technical, professional, and managerial levels. On the basis of assessments of bilingual service needs, and by monitoring the number of Hispanics and bilingual persons employed by each agency, the annual report should reflect employment increases from year to year. The department shall assist agencies in the development and modification of training programs to enable them to meet their affirmative action and equal employment opportunity goals. The department also shall provide information regarding other training and educational resources, such as the Executive Recruitment and Graduate Public Service Internships.

The State’s Human Rights Act was amended and now states that nothing in the Act shall be construed as requiring any employer, employment agency, or labor organization to give preferential treatment or special rights based on sexual orientation or to implement affirmative action policies or programs based on sexual orientation.

Hours worked. Operators of utility service vehicles engaged in emergency intrastate maintenance or repair work in response to an interruption of utility service are exempt from the State’s regulations regarding maximum hours of service. The exemption shall not exceed the duration of the utility service provider’s or the driver’s direct assistance in providing relief from the interruption, or 5 days from the date of the initial declaration of the emergency, whichever is less. Upon receipt of notification, by a utility service provider, of an interruption of utility service constituting an emergency, the State Department of Transportation shall declare that an emergency exists. Should an audit by the department establish that there has been an abuse of the notification procedure by a utility service provider, the department may refuse to grant emergency declarations to that utility service provider in the future without further confirmation that a particular interruption of utility service does indeed constitute an emergency.

Human trafficking. The State Code was amended to define the trafficking of persons and trafficking activities. Whoever knowingly (1) recruits, entices, harbors, transports, provides, or obtains another person by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain another person by any means, intending or knowing that the person will be subjected to forced labor or services; or (2) benefits, either financially or by receiving anything of value, from participating in a venture that involves involuntary servitude, including involuntary servitude of a minor, is guilty of a felony. In addition to suffering incarceration, persons who commit such offenses shall forfeit to the State any profits or proceeds and any interest or property that the sentencing court determines was acquir