Professional Documents
Culture Documents
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John J. Fitzpatrick, Jr. tates enacted a volume of labor legislation imum wages, offsite work, overtime, plant clos-
in 2006 which was significantly less than ings, employee preference, prevailing wages, right
that enacted in 2005. The decrease was due to work, time off, unfair labor practices, wage pay-
in part to the fact that only 44 States and the Dis- ments and collection, whistleblowers, worker pri-
trict of Columbia met in regular session during vacy, workplace security, workplace violence, and
2006, while the remaining 6 States (Arkansas, other labor-related issues that might be of gener-
Montana, North Dakota, Nevada, Oregon, and al interest. Not every enacted piece of legislation
Texas) were not scheduled to meet in regular ses- that falls into one of these categories is discussed
sion. (All 50 States had met in regular session in in this article; among the laws that are excluded
2005.) Several of the 6 States that did not meet are those which (1) amend existing State law, but
in regular session did, however, convene in special are strictly technical in nature, (2) affect a limit-
sessions dedicated to various issues of special in- ed number of individuals, (3) require or distribute
terest. At the time this article was submitted for a study of an issue, or (4) deal with funding relat-
publication, 42 of the 50 States, along with the ed to an issue.
District of Columbia, had enacted or amended la- Volume aside, the legislation that was enact-
bor legislation of consequence during 2006 in the ed by the States addressed a significant number of
categories that are tracked. Although they met employment standards areas and included many
in regular session, Mississippi and Nebraska did important measures. Minimum-wage legislation
not enact significant legislation in the fields cov- was the “hot-button” issue this year, with an in-
1
ered. In addition, representatives from the Gov- creasing number of States enacting laws that raised
ernment of Guam responded by providing in- their required minimum-wage rates, thus continu-
formation regarding significant labor legislation ing a trend of expanded State activity in this area.
enacted in their locality during the past year. Such Issues such as workplace security, a variety of pre-
information had not been received from Puerto vailing-wage issues, equal employment opportuni-
Rico and the Virgin Islands at the time this arti- ty, wages paid, time off, drug and alcohol testing,
cle was submitted. child labor, human trafficking, and protection for
Currently, more than 30 categories of labor immigrants were included in new or amended leg-
legislation introduced and then enacted by the islation enacted during 2006. The issue of human
States are tracked by the Wage and Hour Divi- trafficking legislation has had increased activity in
sion of the U.S. Department of Labor: agriculture, the States for the last couple of years. Some of the
John J. Fitzpatrick, Jr., is a
State standards team leader child labor, State departments of labor, employ- legislation enacted established a definition of hu-
in the Office of Performance, ee discharge, drug and alcohol testing, equal em- man trafficking, other laws established minimum
Budget, and Departmental
Liaison, Wage and Hour Divi- ployment opportunity, employee leasing, employ- and maximum penalties for those convicted of hu-
sion, Employment Standards ment agencies, family leave, garments, genetic man trafficking activities, and still others permit-
Administration, U.S. Depart-
ment of Labor. E-mail: Fitz- testing, hours worked, human trafficking, immi- ted victims of human trafficking to seek civil dam-
patrickjr.john@dol.gov grant protection, inmate labor, living wages, min- ages and remedies from individuals who subjected
them to the unlawful trafficking. tions provide proof of their drug- and alcohol-free status prior
This article does not cover legislation in the areas of occu- to certification. Before Wisconsin employers may commence
pational safety and health, employment and training, labor re- work on a public project, they are required to have in place a
lations, employee background checks (except for those dealing written program for the prevention of substance abuse among
with potential national security issues), economic security, and their employees.
local living-wage ordinances.
As of January 1, 2007, State-required minimum-wage rates Equal employment opportunity. California now requires
were higher than the Federal minimum-wage standard in 29 employers with 50 or more employees to provide, to all su-
states and the District of Columbia. (By way of comparison, pervisory employees who have been employed since July 1,
on January 1, 2006, 17 States and the District of Columbia had 2005, and to all new supervisory employees within 6 months
minimum-wage rates greater than the Federal standard.) Of the of their assumption of a supervisory position, at least 2 hours
45 States with minimum-wage laws, only Kansas, at $2.65 per of classroom or other effective interactive training and educa-
hour, has a rate lower than the Federal rate of $5.15 per hour. tion regarding sexual harassment. Delaware no longer permits
The five remaining States that do not have a required minimum “genetic information” to be used in a discriminatory manner
wage are Alabama, Louisiana, Mississippi, South Carolina, and in State employment. Maryland has established a commercial
Tennessee. nondiscrimination policy that prohibits the State from enter-
The next section briefly summarizes, by legislative category, a ing into a procurement contract with a business entity that has
number of the bills that resulted in laws enacted or amended by discriminated, through a variety of tactics, against subcontrac-
the State legislatures during the past year. Following this sum- tors, suppliers, vendors, or commercial customers. New Hamp-
mary is a comprehensive description of each State’s legislative shire law was amended so that it is now an unlawful discrimi-
activities, subdivided by the labor legislation category, that were natory practice to fail to make a reasonable accommodation
enacted or amended during the course of the year. for an employee with a disability if the employee is otherwise
qualified to perform the essential functions of the job and if
Agriculture. California revised the Employee Housing Act re- providing the accommodation would not pose an undue hard-
garding group quarters for agricultural housing, while Florida ship on the employer. The State of Washington now provides
amended the safety requirements for farm labor vehicles used persons with the right to obtain and hold employment without
to transport nine or more workers. discrimination in a number of protected categories, including
sexual orientation and gender expression.
Child labor. Employers, parents, and guardians in Connecti-
cut may now all be assessed a monetary penalty for employing, Family issues. Delaware and Rhode Island extended the defi-
or permitting the employment of, a minor in violation of the nition of “family member” for purposes of an employee being
hours-worked standards in manufacturing, mechanical, or mer- able to take compassionate leave. The State of Washington
cantile establishments. Employers in Indiana who violate the amended its State Family Medical Leave Act regarding the
hours-worked requirements of the State labor laws will receive amount of leave that can be taken for certain purposes.
a warning letter for a first violation. Additional penalties for
subsequent violations may result in the revocation of the child’s Human trafficking. Colorado law was amended to extend the
employment certificate and the assessment of monetary penal- application of the crime of aggravated extortion to any person
ties against the employer. Artistic or creative service contracts who has the intention of inducing another person, against that
executed on behalf of a minor in Louisiana shall now require other person’s will, to perform tasks under the threat of report-
that 15 percent of the gross earnings of the minor under con- ing the immigration status of the threatened person or another
tract be placed in a trust fund created for the benefit of the person to law enforcement officials. Colorado also amended
minor. its law concerning the act of coercion in regard to involuntary
servitude. New Florida legislation defines the forms of labor
Discharge. Kentucky and Louisiana enacted legislation pro- trafficking that occur in labor exploitation and requires the
viding employment protection to employees, such as firefight- establishment of standards for basic and advanced training
ers, rescue squad members, and emergency medical technicians, for law enforcement officers in the subjects of investigating
who serve as voluntary emergency responders. and preventing human trafficking crimes. Georgia, Idaho, and
Michigan further defined human trafficking activities and es-
Drug and alcohol testing. Delaware now requires that provi- tablished minimum and maximum terms of imprisonment for
sions governing mandatory drug testing be incorporated into all some of those activities, while Pennsylvania established a term
public-works contracts. Indiana similarly requires that public- of life imprisonment for a certain type of human trafficking
works contracts provide for mandatory drug testing of employ- activity and behavior. Illinois allows victims of human traffick-
ees. Kentucky now requires that all applicants for certification ing to seek civil damages and remedies from individuals who
as new miners and all initial applicants for all other certifica- recruited, harmed, profited from, or maintained them in the
Inmate labor. In Alaska, the commissioner of the Department Prevailing wage. Illinois contractors and subcontractors are
of Labor and Workforce Development may enter into a con- now permitted 7 business days’ notice until they must make
tract for the employment of prisoners, provided that, among available for inspection the records of all laborers, mechanics,
other criteria, the contract requires payment of the minimum and other workers they employ on a given project. The New Jer-
wage to the commissioner for each hour worked by a prisoner. sey commissioner of labor has the authority to investigate and
Maryland amended the State code to include an additional ascertain employee wages, enter and inspect a place of business
reason that goods and services produced by State correctional or employment, review all records relating to wages, and assess
services could be sold on the open market when certain condi- penalties against those who hinder or delay such enforcement.
tions are met. Employers in Rhode Island who violate the prevailing-wage
law shall be considered guilty of a misdemeanor and punished
Minimum wages. As previously mentioned, with more than by a fine of not less than $500 or more than $1,000 per day
120 pieces of legislation introduced in at least 35 States, the of violation. Such employers also may be sentenced to not less
minimum wage was the “hot-button” issue of the year. Those than 10 days or more than 90 days of imprisonment.
pieces of legislation concerned issues ranging from establish-
ing wage increases, to changes in tip credits for employees Time off. Subject to certain limitations, employees in Alabama
who receive tips, to the issue of wages received for training. shall, upon reasonable notice to the employer, be permitted to
In Arizona, Arkansas, California, Colorado, Connecticut, take necessary time off from their employment to vote in any
Delaware, Florida, Hawaii, Maine, Maryland, Massachusetts, municipal, county, State, or Federal political party primary or
Michigan, Missouri, Montana, Nevada, New Jersey, New York, election for which the employee is qualified and registered to
North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, vote on the day such an election is held. Indiana enacted legisla-
Vermont, Washington, West Virginia, and Wisconsin, the tion regarding employee time off for jury service, while Maine
minimum wage increased because either (1) legislation was passed legislation granting up to 15 days off for family military
enacted or amended during the year, (2) such an increase was leave. Employers in Kansas are prohibited from discharging, or
previously scheduled under legislation (dealing, for example, in any manner discriminating or retaliating against, an employee
with cost-of-living adjustments) enacted in earlier years, or (3) who is a victim of domestic violence or a victim of sexual assault
a ballot initiative increasing the wage rate occurred either in for taking time off from work as a result of such violence or
last November’s election or a previous election. Each of these assault. Rhode Island now requires a 20-minute mealtime break
rates became effective either sometime during calendar year within a 6-hour work shift and a 30-minute mealtime break
2006 or on January 1, 2007. Thus, more than half of the 50 within an 8-hour work shift. Certain exclusions apply.
States showed an increase in the minimum wage between Janu-
ary 1, 2006, and January 1, 2007. In addition, Guam enacted Wages paid. California law now stipulates that an employee
legislation that will increase its minimum wage in July 2007. who is engaged in the production or broadcasting of motion
Florida now requires the prominent display, in a conspicuous pictures and whose employment terminates, whether by dis-
and accessible location in the workplace, of a poster publiciz- charge, layoff, resignation, completion of employment, or oth-
ing the minimum wage in both English and Spanish. Illinois erwise, is entitled to receive payment of all wages earned, but
passed legislation to include limited-liability companies within unpaid at the time of termination, by the next regular payday.
the scope of the term “employer.” Maryland permits the adop- Florida labor pools may not charge more than a reasonable
tion of a training wage that complies with the conditions and amount to transport a worker to or from a designated worksite,
limitations authorized under the Federal Fair Labor Standards but in no event shall the amount exceed $1.50 each way. Ad-
ditional constraints on financial charges were placed upon labor of their principal residence or the names or occupations of any
pools that provide access for employees to cash-dispensing ma- immediate family members. West Virginia employers or their
chines located on the premises of the labor pool. As a condi- designated agents who disclose certain types of job-related in-
tion of employment, certain Iowa employees may be required formation that reasonably may be considered adverse about a
to participate in the direct deposit of their wages in a financial former or current employee to a prospective employer of that
institution of their choice. Minnesota employers who choose employee are presumed to be acting in good faith and are im-
to provide earnings statements by electronic means must give mune from civil liability for the disclosure or its contents.
employees access to an employer-owned computer during the
employees’ regular working hours in order to review and print Workplace security. In order to obtain or renew a certificate of
their statements. Employees may opt out of the system in writ- fitness to handle explosives, explosives handlers in Alaska must
ing to the employer, as long as the written request meets certain apply in writing and under oath and also must submit finger-
conditions. Oklahoma employees are now permitted to be paid prints and fees for a criminal background check to the State
by electronic means. When employees in the State of Washing- Department of Public Safety. Arizona employees in the State
ton file a wage complaint with the State Department of Labor Department of Economic Security must have a valid fingerprint
and Industries and the complaint is investigated, then, unless clearance card issued by the department or must provide the de-
it is otherwise resolved, a citation shall be issued and notice of partment with documentation of their application for a finger-
assessment or a determination of compliance shall be rendered print clearance card. The Georgia State Bureau of Investigation
to both the employee and the employer no later than 60 days must place a high priority on inquiries from any nuclear power
after the date on which the department received the complaint facility requesting a criminal history. Tennessee blasting firms
and no later than 3 years after the date on which the cause of are now required to submit any letter of denial received from
the action accrued. If a West Virginia person, firm, or corpora- the Bureau of Alcohol, Tobacco, Firearms and Explosives to the
tion fails to pay an employee his or her wages as required, the State fire marshal within 5 calendar days of receipt of the let-
person, firm, or corporation shall also be liable to the employee ter. Utah permits certain cities to require a criminal background
for 3 times the amount of back wages as liquidated damages. check as a condition of providing ground transportation services
to the city’s airport. In Virginia, criminal history records shall
be disseminated, whether directly or through an intermediary,
Worker privacy. Florida created a public-records exemption only to specific entities, now including shipyards engaged in the
for current and former personnel in a variety of positions with design, construction, overhaul, or repair of nuclear vessels for the
the Department of Juvenile Justice. In Kansas, no document U.S. Navy.
available for public inspection or copying shall contain an indi-
vidual’s Social Security number, unless required by Federal law. Workplace violence. The Hawaii State Senate adopted a resolu-
Certain employers in Maryland are prohibited from printing or tion urging State employers to implement standards of conduct
causing to be printed an employee’s Social Security number on and policies for managers and employees to reduce workplace
a wage payment check, on an attachment to a wage payment bullying and promote healthful and safe work environments.
check, on a notice of direct deposit of an employee’s wages, or
on a notice of credit of an employee’s wage to a debit card or The discussion that follows consists of detailed descriptions
a credit card account. Justices and judges in Virginia are no of legislation enacted or amended during the past year in indi-
longer required to disclose the address or telephone number vidual States in the various categories tracked.
indicating that the individual has passed the which wages earned by the employee are due ishing industry.
background check and, again, is in compli- and payable. However, legislation was enacted
ance with the bond requirement. The Cali- which states that workers employed at a venue
fornia secretary of State is required to issue a that hosts live theatrical or concert events and Colorado
cease and desist order to any person who has who are enrolled in, and routinely dispatched
failed to maintain a valid bond or who has through, a hiring hall or other system of regu- Human trafficking. The State Revised Stat-
failed the background check. Prior to offering lar short-term employment may, together with utes were amended to specify that the charge
his or her services, a consultant must provide their employers, establish, by express terms in of aggravated extortion be applied to any
a client with a written contract, including in- their collective bargaining agreement, time person who has the intention to induce an-
formation directing the client to report any limits for payment of wages to an employee other person, against that other person’s will,
complaints to the State Department of Jus- who is discharged or laid off. to perform tasks under the threat of report-
tice and the State Bar Association. Also, current State Labor Code indicates ing the immigration status of the threatened
that wages earned and unpaid at the time person or another person to law enforcement
an employee who is engaged in the motion officials. In this regard, the employer may not
Minimum wage. Effective January 1, 2007, picture industry is discharged or laid off are
the minimum wage was increased to $7.50 use money or any other item of value as an
due and payable immediately. The code was inducement for the other person’s participa-
per hour and will be raised to $8.00 per hour amended, however, and now states that an
as of January 1, 2008. The State Department tion.
employee who is engaged in the production A person commits coercion of involuntary
of Industrial Relations is required to adjust or broadcasting of motion pictures and
the permissible meals and lodging credits up- servitude if he or she coerces another person
whose employment terminates, whether by to perform labor or services by withholding
ward by the same percentage as the increases discharge, layoff, resignation, the completion
in the minimum wage. or threatening to destroy documents relating
of employment, or otherwise, is entitled to to a person’s immigration status or by threat-
receive payment of the wages earned and ening to notify law enforcement that a per-
Overtime. Legislation was enacted which unpaid at the time of termination by the next son is present in the United States illegally. A
stipulates that State overtime compensation regular payday. The payment may be mailed to person commits coercion of involuntary ser-
requirements do not apply to teachers of the employee or made available at a location vitude regardless of whether he or she com-
students in kindergarten through grade 12 specified by the employer in the county pensates the person who is coerced.
at private elementary or secondary academic where the employee was hired or performed
institutions. This exemption does not other- labor. The payment shall be deemed to have
wise modify the exemptions from overtime been made on the date that the employee’s Immigrant protection. The State General As-
compensation established by the Industrial wages are mailed to the employee or made sembly has encouraged the Economic Devel-
Welfare Commission for professional, execu- available at the specified location, whichever opment Commission to promote and stimu-
tive, and administrative employees. Nor does is earlier. Collective bargaining agreements late economic development and employment
the exemption apply to any tutor, teaching may establish alternative provisions for final in the State by requesting the commission to
assistant, instructional aide, student teacher, payment of wages, provided that they do not award employers grants, loans, and perform-
daycare provider, vocational instructor, or exceed the time limitation established by the ance-based incentives. A condition of receiv-
other similar employee. new legislation. ing the award is that only U.S. citizens and
others lawfully present in the State, includ-
ing those applying for positions within local
Plant closing. Since 1988, the Base Realign- Worker privacy. The State Government Code
governments, be the beneficiaries of employ-
ment and Closure process has closed ap- relating to trial court employees was amended.
ment opportunities. Therefore, it is incumbent
proximately 100 major military installations Trial court employees, upon request, are now
upon those receiving economic incentives to
nationwide, 30 of which have been within permitted to inspect any personnel files, not
ensure that the applicants are citizens or le-
the State. As a result of the closures, some just their own, that are used or that have been
gally present in the State and that they have
Federal firefighters living on and working used to determine the employee’s qualifica-
the authority to work. Accordingly, each em-
for State-based Federal military bases have tions for employment, promotion, or addi-
ployer will provide proof to the commission
found their fire service jobs eliminated and tional compensation, or the employee’s termi-
that each of its employees is a U.S. citizen or
their retirement security jeopardized. Some nation or some other disciplinary action. The
is legally present and authorized to work in
of these displaced firefighters have gone on amendment also allows trial court employees
the State. Any employer which cannot prove
to work for the State’s municipal fire depart- access to informal files containing supervisors’
that the employee meets these criteria shall
ments, and the State desires to provide mu- notes and the like.
be notified by the commission of its noncom-
nicipal fire agencies with the tools necessary
pliance, and the employer shall repay the to-
to recruit and retain qualified personnel. One
Other. Effective January 1, 2007, existing tal amount of money received as an economic
such tool is the option to purchase certain
law in effect under the State Labor Code incentive. In addition, any employer proven
types of prior public service for credit in the
that regulates the industry of car washing and to be in noncompliance must wait 5 years to
agency’s retirement system. Prior public serv-
polishing by providing specific recordkeeping be eligible to reapply for funding.
ice often includes service rendered to the
requirements which employers of carwash- Employers in the State are now required,
Nation’s Armed Forces, the Peace Corps, or
ers must implement with regard to carwasher within 20 days after hiring a new employee,
AmeriCorps, and employment financed by
wages, hours, and working conditions is ex- to affirm that (1) they have examined the le-
the Comprehensive Employment Training
tended and is effective until the new repeal gal work status of the newly hired employee
Act of 1973.
date of January 1, 2010. The amended law also and have retained on file documented proof
requires the State labor commissioner to re- of the employee’s status, (2) they have neither
Wages paid. Existing State law generally port to the legislature, no later than December altered nor falsified the employee’s documen-
stipulates that if an employee is discharged 31, 2008, on the status of labor law violations tation, and (3) they have not knowingly hired
or laid off, statutory time limits exist within and enforcement in the car washing and pol- an unauthorized alien. Employers must keep
Opportunity. The council is responsible for the living wage. The living wage shall be paid public highways shall ensure that the vehicle
furnishing, on October 30 of each year, a re- to all employees of the District government conforms to vehicle safety standards as pre-
port to the Governor on the progress being commencing March 1, 2006, except that any scribed by the U.S. Secretary of Labor. Any
made in improving the diversity of the State’s wage of any such employee established under such vehicles having a gross weight rating of
workforce. The council also is responsible for an existing collective bargaining agreement 10,000 pounds or less must be equipped with
recommending any further actions it believes or by Federal law or grant and different from a seat belt for each passenger. Farm labor con-
should be undertaken. In addition, each ex- the living wage shall continue as long as that tractors may not transport workers in such ve-
ecutive branch agency shall maintain an Affir- agreement, law, or grant remains in effect. The hicles unless the vehicles display the required
mative Action Plan, to be filed annually with District Department of Employment Services State stickers. In addition, the owner or op-
the council before September 15 of each year. shall adjust the rate annually on the basis of erator must prominently display, somewhere
The plan shall set forth goals and objectives the Consumer Price Index for all Urban Con- in the vehicle, a standardized notification in-
to be met in attaining and maintaining affir- sumers in the metropolitan area. Exemptions structing passengers to fasten their seat belts.
mative action and shall describe the methods apply to (1) contracts or agreements subject Failure to display such notification in the
used to meet them. More specifically, the plan to wage-level determinations, (2) existing and prescribed manner may result in a $100 fine,
shall contain (1) a description of a mechanism future collective bargaining agreements, pro- while failure to conform to safety standards or
to permit and encourage employees to discuss vided that the future agreements pay no less operating vehicles that lack the required seat
problems resulting from alleged bias, discrim- than the established living wage, (3) contracts belt assemblies may result in a $200 fine.
ination, or lack of employment opportunity; for utilities delivered by a regulated utility, (4)
(2) a description of a complaint procedure to contracts for services needed to prevent or Human trafficking. The State legislature has
be followed by employees in such cases; and respond to a disaster or an imminent threat declared human trafficking to be a form of
(3) a requirement for a response to be made to public health or safety, (5) contracts that modern-day slavery involving children, teen-
within a specified reasonable period of time. provide additional services for trainees or that agers, and adults. Trafficking occurs as labor
Appropriate equal employment opportunity provide work for employees under 22 years exploitation, often of domestic workers, res-
notices shall be posted in conspicuous loca- during a school vacation period, (6) tenants taurant workers, janitorial workers, factory
tions or bulletin boards of all cabinet depart- or retail establishments that occupy property workers, and migrant agricultural workers.
ments, major offices, divisions, and agencies. constructed with or improved by the receipt of Persons found to be victims of trafficking and
A State executive order was amended to government assistance, (7) employees of non- subsequent exploitation are to be protected
include “genetic information” among those profit organizations that employ fewer than and assisted by the State and its agencies. The
types of information which are prohibited 50 persons and that qualify for 501( c)(3) sta- State legislature, the State supreme court, the
from being used in a discriminatory manner tus, and (8) Medicaid provider agreements for State bar, and relevant State agencies are to
in State employment. direct care services to Medicaid recipients. prepare and implement training programs in
The Council of the District of Columbia order that judges, attorneys, law enforcement
Family issues. Legislation was enacted that passed a resolution to amend the Living Wage personnel, investigators, and others be able to
amended State Code Title 14 as it relates Act of 2006, which is Title I of the Way to identify traffickers and victims and direct the
to compassionate leave. The amended code Work Amendment Act of 2006, to clarify the victims to appropriate agencies for assistance.
added grandparents as immediate family fact that those contracts or other agreements The State Department of Children and Fam-
members and also added grandparents-in-law which are subject to higher wage-level deter- ily Services and other State agencies shall co-
and any other friends living in the employee’s minations required by Federal law are exempt operate with all State and Federal agencies to
household as near relatives. The expanded from the provisions of the Act. Both the Liv- ensure that victims of human trafficking are
list of family members now comprises first ing Wage Act and the Federal Service Con- able to access social services and benefits to
cousins, aunts, uncles, nieces, nephews, broth- tract Act were intended to increase the hour- alleviate their plight. Finally, the State Crimi-
ers-in-law, sisters-in-law, grandparents-in- ly wages paid to service contract employees. nal Justice Standards and Training Commis-
law, and any friends living in the employee’s The existing language in the Way to Work sion shall establish standards for basic and
household. Amendment Act of 2006 could have been in- advanced training programs for law enforce-
terpreted to mean that employees covered by ment officers in the subject of investigating
Minimum wage. The State minimum wage the Federal Service Contract Act are exempt and preventing human trafficking crimes. Af-
was increased to require that every employer from the District’s Living Wage Act in cas- ter January 1, 2007, every basic skills course
pay wages at a rate of not less than $6.65 es where the established wage levels are low- required for law enforcement officers to ob-
per hour, effective January 1, 2007. Effective er than the established living wage. There was tain initial certification must include training
January 1, 2008, the minimum pay rate will never an intention for employees covered by in the prevention and investigation of human
increase to $7.15 per hour. Federal wage-level determinations to receive trafficking crimes.
wages lower than the District’s newly estab-
lished living wage. The only contracts exempt-
District of Columbia ed are those subject to “higher” Federal wage Minimum wage. Because of previously en-
level determinations than the requirements of acted legislation, the minimum wage rate in
Living wage. Within the District of Co- the Living Wage Act. Florida increased to $6.67 per hour, effective
lumbia, a living wage is defined as an hourly January 1, 2007.
rate of $11.75 per hour, regardless of whether Each employer who must pay an employ-
health care benefits are provided. All recipi- Florida ee the State minimum wage shall prominently
ents of contracts or government assistance display a poster in a conspicuous and accessi-
in the amount of $100,000 or more shall pay Agriculture. The safety requirements for ble place in each establishment in which such
their affiliated employees no less than the farm labor vehicles used to transport nine or employees are employed. Each year, on or be-
living wage, and all subcontractors or others more workers were amended. The law now re- fore December 1, the State Agency for Work-
that receive funds of $15,000 or more from quires that each owner or operator of a farm force Innovation shall create and make avail-
the District government shall pay no less than labor vehicle which operates on the State’s able to employers a poster in English and in
recruitment, harboring, transportation, pro- required to pay the costs incurred in collecting mediately after receiving notice of revocation.
vision, or obtaining of a person for labor or such back wages; and (5) when the employer’s Any child whose employment certificates
services through the use of force, fraud, or co- conduct is proven by a preponderance of the have been revoked may not be employed or
ercion for the purpose of subjection to invol- evidence to be willful, repeated, or undertaken allowed to work until he or she legally has
untary servitude, peonage, debt bondage, or with reckless disregard of the law or any rule obtained a new employment certificate. The
slavery. The legislation increased the penalty adopted under the law, the employer shall be Bureau of Child Labor shall have immediate
of imprisonment to not more than 25 years liable to the State Department of Labor for charge of the supervision of children who are
for certain crimes if the crime of human traf- up to 20 percent of the total underpayment. gainfully employed, and the agency may file a
ficking is involved. The new law also provided complaint if the employer requires the child
for restitution equal to the gross income or Prevailing wage. The State Prevailing Wage not to comply with the law.
value of the victim’s labor or services, as well as Act was amended and now permits contrac-
the payment of mental and physical rehabili- tors and subcontractors 7 business days’ notice Drug and alcohol testing. The State Code
tation costs to the victims. Finally, the legisla- until they must make available for inspection was amended to require employees of pub-
tion requires reports regarding resources for the records of all laborers, mechanics, and lic-works contractors to be tested for drugs.
victims of human trafficking in the State and others employed by them on a project. The Solicitations for public-works contracts must
the relationship of these resources to federally records must be made available to the public require that each contractor include with its
funded programs. body in charge of the project, to its officers bid a written plan for testing its employees for
and agents, and to the State director of labor drugs. Bids that lack such a plan may not be
Worker privacy. The portions of the State and his or her deputies and agents. awarded the contract. A contractor’s employee
Code concerned with personnel records that In the event of a sale, purchase, or any drug-testing program must satisfy the follow-
are exempt from disclosure were to stipulate other transfer of ownership of a water system ing criteria: (1) each employee is subject to
that the names of applicants for classified or operated by a privately held public water a drug test at least once a year, (2) at least 2
merit system positions shall not be disclosed utility, the utility’s contract or agreements percent of the contractor’s employees are ran-
to the public without the applicant’s written with the acquiring entity shall require that domly selected each month for testing, (3) the
consent. The disclosure of names as part of the wage rates and substantially equivalent program tests for a five-drug panel consisting
a background check, however, is permitted. fringe benefits and terms and conditions of of amphetamines, cocaine, opiates, phencycli-
The names of the five final applicants for all employment continue for at least 30 months dine (PCP), and tetrahydrocannabinol (THC), (4)
other (that is, nonclassified, nonmerit) posi- after the transfer of ownership, unless the the program imposes progressive discipline
tions shall be available to the public. If fewer parties mutually agree to different terms and on any employee who fails a drug test, (5) the
than five finalists make up such a group, then conditions of employment within the said 30- program may require the dismissal of any em-
the entire list of applicants shall be available month period. ployee who tests positive on a drug test, and
to the public. (6) the employer advises the employee of any
Indiana program of treatment or rehabilitation cov-
Illinois ered by insurance provided by the employer.
Child labor. As proof of prospective employ- Collective bargaining agreements that include
Human trafficking. The State enacted the ment, the issuing officers of an employment an employee drug-testing program meet the
Predator Accountability Act, which allows certificate shall require a written statement, requirements of the Code if the following cri-
persons who have been or are being subjected signed by the person for whom the child is teria are included: (1) the program calls for
to the sex trade to seek civil damages and rem- to work, setting forth the nature of the work random testing of the employees, (2) the pro-
edies from individuals who recruited, harmed, that the child is to perform and specifying the gram tests for the aforementioned five-drug
or profited from them, or who maintained maximum number of hours per week that the panel, (3) disciplinary measures are imposed
them in the trade. A prevailing victim of the child will work for the employer. An employ- if the employee fails the drug test, (4) the em-
sex trade is entitled to all relief that would ment certificate may be used at not more than ployee is subject to suspension or immediate
make him or her whole. two locations within the same enterprise if termination upon failing a drug test, (5) the
the enterprise complies with the restrictions employee, if suspended, is not eligible for re-
Minimum wage. The State Minimum Wage on hours worked. A certificate may be denied instatement until he or she tests negative for
Law had several amendments incorporated if the child’s school attendance is not in good the five drugs on the panel, (6) the employee
into it: (1) limited-liability companies are now standing or the child’s academic performance is subject to unscheduled sporadic testing for
considered within the scope of the term “em- does not meet the school’s standards. The is- at least 1 year after reinstatement, and (7) any
ployer”; (2) the director of the State Depart- suing officer shall keep a record of the maxi- employee who fails more than one drug test
ment of Labor may now issue a subpoena that mum number of hours that each student who must complete a rehabilitation program rec-
requires the attendance and testimony of wit- has been issued more than one employment ommended by a substance abuse professional.
nesses, and the production of all books, rec- certificate may work each week for all em-
ords, and other evidence, relative to a matter ployers. The civil penalties for a violation of Other. Emergency mobile support units shall
under investigation or hearing; (3) if a person the restrictions on hours worked are a warn- be called to duty for training, an exercise, or a
fails to comply with any subpoena issued un- ing letter for the first violation, plus the pos- response upon orders of the Governor or the
der the law, or a witness refuses to produce ev- sible revocation, for 30 calendar days, of the executive director of the State Department of
idence or testify to any matter about which he employment certificate(s) held by the child; Homeland Security and shall perform their
or she may be lawfully interrogated, the court and the assessment of appropriate civil money functions in any part of the State or in other
may, upon application of the director or an au- penalties against the employer for future vio- States. Any such units may have their duty
thorized representative thereof, compel obe- lations. If the employment certificate is re- orders renewed by the executive director for
dience by processing for contempt; (4) when voked, the issuing officer and the employer successive periods of not more than 60 days.
an employee has not collected damages for an shall be notified in writing. The employer shall An individual selected to serve as a member
unpaid wage violation, the employer shall be return the certificate to the issuing officer im- of a mobile support unit may be unemployed,
no later than February 15 of the school year is currently employed in the coal industry, the her own free will to perform manual labor by
in which the employee is evaluated. Persons applicant’s employer shall reimburse the ap- assisting the governing authority in maintain-
to be evaluated shall participate in their eval- plicant for the cost of one drug and alcohol ing the municipality; to perform manual labor
uation and shall be afforded the opportunity test. upon any cemetery or graveyard or by working
for self-evaluation. Whenever any employee is An applicant to an agency that is part of the in a solid-waste recycling program; to perform
evaluated, the written document shall be pre- State Law Enforcement Council and that is manual labor upon any of the public roads,
sented to the employee, who then shall pro- hiring a Unified Criminal Justice Information levees, streets, public buildings, works, or im-
vide written acknowledgment of the presen- System telecommunicator whose primary provements inside or outside of the prison; or
tation. The employee may respond in writing responsibility is to dispatch law enforcement to work for any organization that has qualified
no later than 2 weeks after the presentation of units by means of radio communications must for tax-exempt status, the sheriff may set the
the evaluation. Except by order of a court of be a U.S. citizen who has reached the age prisoner to work. Any prisoner participating
competent jurisdiction, evaluation documents of majority, must be a high school graduate voluntarily in these work projects shall have
and responses shall be available only to the (or the recipient of a general equivalency no cause of action for injury or loss, unless the
evaluated employee, the board, the appropri- diploma), must not have been convicted of injury or loss was caused by an intentional or
ate administrative staff members of the board, a felony or any other crime involving moral grossly negligent act or omission of the sheriff,
and the community college in question. turpitude, and must have taken a psychological the parish, or the municipal authority. Neces-
suitability screening administered or approved sary medical treatment to any injured prisoner,
Kentucky by the State Law Enforcement Council. The as statutorily required, is expected.
applicant also must have taken a polygraph The secretary of the State Department of
examination and have passed a drug-screening Public Safety and Corrections is authorized
Discharge. No employer shall terminate
test administered or approved by the council. to establish community resource centers to
an employee who is a volunteer firefighter,
A person shall be deemed to have passed a provide housing for inmates to remedy the
a member of a rescue squad, an emergency
drug-screening test if the results are negative damage done following a natural disaster
medical technician, a peace officer, or a mem-
for the use of an illegal controlled substance or or an emergency. In implementing disaster
ber of an emergency management agency and
the abuse of a prescription drug. Any agency remediation activities by inmates, the sec-
who is absent from his or her regular employ-
that administers its own screening shall certify retary shall maximize the use of inmate
ment for a period of no more than 12 months
passing results to the council. The applicant’s labor to augment governmental personnel
because of injuries incurred in the line of duty.
home address, telephone number, date of and community volunteers immediately
The employee shall provide the employer with
birth, and Social Security number, as well as after such disasters and shall ensure that
(1) a written statement from the supervisor,
the results of any background investigation, no inmate replaces any existing employee,
acting supervisor, or director under whose
psychological suitability screening, or poly- performs work on a project or job involved
command the employee was on active duty
graph examination, shall not be subject to in a labor dispute, or supplants postdisaster
and on assignment with that agency when the
disclosure. remediation activities that might otherwise
injury occurred and (2) a written statement
be performed under contract by private-sector
from at least one licensed and practicing phy-
Louisiana firms employed by an affected individual or
sician stating that the volunteer is injured and
governmental entity. Every eligible inmate in
projecting a date for the employee’s return to
Child labor. Every contract executed by, or on the custody of the State Department of Public
work. Any employee who is terminated in vio-
behalf of, a minor rendering artistic or creative Safety and Corrections whom the secretary
lation of this legislation may bring a civil ac-
services for compensation shall require that has approved to participate in the center and
tion against the employer. The employee may
15 percent of the gross earnings of the minor who has been convicted of a felony may be
seek reinstatement to his or her former posi-
under the contract be placed in a trust fund assigned to perform labor related to cleanup
tion, payment of back wages, reinstatement of
created for the benefit of the minor and that and rebuilding following a natural disaster.
fringe benefits, and reinstatement of senior-
the trust fund be created in a State or federally Participating inmates shall be eligible to earn
ity rights where they are granted. In order
chartered financial institution, including trust 30 days of good time for every 30 days of
to recover, the employee shall file this action
companies operating in the State through service in the center. Inmates convicted of a
within 1 year of the date of the violation.
one or more branches. All monies deposited sex offense are ineligible to participate.
in trust shall be administered by the financial Every inmate who has been convicted of a
Drug and alcohol testing. All applicants for institution as a fiduciary and/or trustee for felony, except an inmate convicted of a crime
certification as new miners and all initial ap- the benefit of the minor, and reasonable fees of violence a second time, and who has been
plicants for all other certifications shall pro- may be charged by the financial institution to sentenced to imprisonment for a stated num-
vide proof that they are drug and alcohol free serve in this capacity. Any State or federally ber of years or months may earn, in lieu of in-
prior to certification. Such proof shall be evi- chartered financial institution operating in centive wages, a diminution of his or her sen-
denced by (1) the individual’s having partici- the State through one or more branches may tence by good behavior and the performance
pated in a drug and alcohol testing program serve as a trustee. of work or self-improvement activities. Those
offered by the State Office of Mine Safety inmates serving life sentences will be credited
and Licensing and paid for by the applicant with good time earned, which will be applied
or (2) the submission of drug and alcohol test Department of labor. By action of the State toward a diminution of their sentences at such
results from other sources. If a newly certified House, the State Department of Labor and time as the life sentences might be commut-
miner gains employment in the coal industry, the statutory entities made a part of the de- ed to a specific number of years. The diminu-
the initial employer shall reimburse the certi- partment are re-created effective June 30, tion shall be at the rate of 35 days for every 30
fied miner for the cost of one drug and alcohol 2006, and shall cease as of July 1, 2011. days in actual custody. An inmate convicted
test. If, however, the applicant is currently cer- a first time for a crime of violence shall earn
tified by the State Office of Mine Safety and Inmate labor. Whenever a prisoner sentenced a diminution of his or her sentence at a rate
Licensing in any category other than that for to any parish prison and awaiting transfer to of 3 days for every 17 days in actual custody.
which he or she is applying, and the applicant a State correctional facility is willing of his or Persons convicted of, or who plead guilty to, a
subcontractors, suppliers, vendors, or com- sentative with the employees’ names, position anyone knowing that the minor will be sexu-
mercial customers on the basis of race, color, classifications, units, home and worksite ad- ally abused. Further, a person who attempts
religion, ancestry, national origin, sex, age, dresses where the employees receive inter- to kill another person or kidnap or recruit an-
marital status, sexual orientation, or disability. office or U.S. mail, and home and worksite other person for forced labor or services is in
A procedure also was established to process telephone numbers. Before providing an violation of the law.
the adjudication of complaints filed within employee’s name, address, telephone num-
4 years of the alleged occurrence. Under the bers, and work information to an exclusive Minimum wage. The minimum wage in the
procedure, penalties will be assessed against representative, the employer shall notify the State was raised to $6.95 per hour, effective
any business that is found to have violated the employee at least 30 days prior to such ac- October 1, 2006. Effective July 1, 2007, the
commercial nondiscrimination policy. tion. If the employee does not want the in- minimum wage in the State shall be increased
formation given to the representative, the to $7.15 per hour, and effective July 1, 2008,
Inmate labor. The State Code was amend- employee must reply to that effect within 15 the minimum wage shall again be increased,
ed to include an additional reason whereby days of the employer’s notice, after which the this time to $7.40 per hour.
goods and services produced by State cor- employer may not provide the information to Legislation was enacted to fix minimum
rectional services could be sold on the open the representative. Information received shall wages for employees within the State, to pro-
market, namely, when the goods or services be considered confidential and may not be hibit wage discrimination, to provide for the
pertain to the preparation or distribution released to any person. administration and enforcement of the leg-
of food or services related to agriculture or The State statute concerning wage pay- islation, and to prescribe penalties for viola-
seafood processing and, in addition, meet ments was amended to prohibit certain em- tions of the Act. An employer operating in
the following conditions: (1) the State labor ployers, including governmental units (that the State is subject to the Federal minimum-
pools are diminished; (2) it has been deter- is, the State, a county, a municipal corpora- wage provisions of the Fair Labor Standards
mined that inmate labor is the only available tion, or some other political subdivision of Act, unless those provisions would result in a
source of labor; (3) wages paid to inmates the State; or a unit of State government or of lower minimum hourly wage than that pro-
under the State Code may not be less than a political subdivision thereof ), from printing vided by the State. The State rate, however,
wages paid for similar work in the private sec- or causing to be printed an employee’s Social does not apply to an employee who is exempt
tor of the same locality, as determined by the Security number on a wage payment check, from the Federal minimum-wage require-
State secretary of labor, licensing, and regula- on an attachment to an employee’s wage pay- ments. Notwithstanding the Federal mini-
tion; (4) in this instance, inmate labor applies ment check, on a notice of direct deposit of mum-wage exemption, an employee shall be
only to inmates at the minimum, prerelease, an employee’s wage, or on a notice of cred- paid at the State minimum-wage and over-
and work release security levels; and (5) the it of an employee’s wage to a debit card or time compensation rates if the employee
State secretary of labor, licensing, and regula- card account. is employed in domestic service to provide
tion shall adopt regulations that specify how companionship services for individuals who,
to determine the need for inmate labor. Massachusetts because of age or infirmity, are unable to care
for themselves and if the employee is not a
Minimum wage. Each employer shall pay live-in domestic service employee. This legis-
each employee who is subject to both the Minimum wage. The State minimum wage
rate was increased to $7.50 per hour, effective lation does not apply if the employee is em-
Federal Minimum Wage Act and the State ployed to provide childcare, is not a live-in
Minimum Wage Act at least the greater of January 1, 2007. An additional increase, to
$8.00 per hour, is scheduled to go into effect domestic service employee under 18 years of
the two wages. Effective January 1, 2007, the age, and provides services on a casual basis
wage for employees in the State will be $6.15 on January 1, 2008.
not exceeding 20 hours per week. Agricultur-
per hour. The tip credit that employers may al fruit growers, pickle growers, tomato grow-
apply against wages paid to an employee who Michigan
ers, or other agricultural employees working
receives tips may not exceed 50 percent of the for harvesting on a piecework basis are ex-
State or Federal minimum wage, whichever is Human trafficking. State law was amended
empt from the new legislation until a scale
higher. The State may adopt a training wage to require that a person shall not knowingly
equivalent to the prevailing minimum wage
that complies with the conditions and limita- subject or attempt to subject another person
for that type of employment is established.
tions authorized under the Federal Fair La- to forced labor or services through physical
An employer may pay a new employee
bor Standards Amendments of 1989. harm or the threat of physical harm. Such ac-
who is under 20 years of age a training wage
Additional legislation requires the new tivity shall be considered a felony punishable
of $4.25 per hour for the first 90 days of that
minimum wage to apply to each employee by imprisonment for not more than 10 years.
worker’s employment. The minimum hour-
who is engaged in an occupation in which the If the one person causes the other injury, the
ly wage for an employee who is less than 18
employee customarily and regularly receives first person is guilty of a felony punishable by
years of age is 85 percent of the general min-
more than $30 each month in tips and keeps imprisonment for not more than 15 years. If
imum hourly wage. An employer shall not
it all. Although an employer may pool the tips the one person causes the death of the other,
terminate any employee or reduce the hours,
of the employee and set an amount that rep- the first person shall be imprisoned for life or
wages, or employment benefits of any em-
resents those tips as part of calculating the any term of years. In addition, a person can-
ployee in order to hire an individual at the
employee’s wage, the tip credit amount that not force someone into service by physically
reduced hourly rate. Any employer who vio-
the employer may include may not exceed restraining him or her, by threatening to abuse
lates this ruling is subject to a civil fine of not
50 percent of the minimum wage established the law or a legal process, or by knowingly
more than $1,000.
under this new legislation. destroying, concealing, removing, confiscat-
ing, or possessing an actual passport or other
Worker privacy. Upon written request of an immigration or identification document. Nor Other. As part of an omnibus effort to pro-
exclusive representative representing each can a person use blackmail or threaten to mote economic growth and job creation in
employee in a bargaining unit, the State La- cause financial harm. Children cannot be re- the State, legislation was enacted to create
bor Relations Board shall provide the repre- cruited, enticed, harbored, or transported by the Michigan Economic Growth Authority,
Plant closing. At least 60 days prior to the meeting or participate in any activity or event action is initiated within 1 year from the date
proposed date of the closing or relocation of a intended to communicate the employer’s of the violation.
nursing home or an assisted-living residence, opinion about religious or political matters.
the facility administrator shall notify, in writ- The Act does not prohibit the employer from
ing, a resident of the facility, the resident’s permitting its employees to attend such meet- New York
legal representative, if applicable, and the ings voluntarily if the employer has notified
Department of Health and Senior Services of the employees that they may refuse to attend Minimum wage. Due to previously enacted
the closing or relocation. The commissioner such meetings without penalty. The employer legislation, the State minimum wage was in-
of the State Department of Labor may waive may communicate religious or political mat- creased from $6.75 per hour to $7.15 per hour
the 60-day’s-notice requirement if it is deter- ters only to the extent required by law. An em- on January 1, 2007.
mined that an emergency warrants a more ployee shall not be discharged, disciplined, or
immediate closing of the facility. otherwise penalized or threatened for making Time off. The spouse of a member of the U.S.
a good-faith report, verbally or in writing, of Armed Forces, National Guard, or Reserves
a violation or suspected violation of this Act. who has been deployed to a combat theater or
Prevailing wage. It is the public policy of Any aggrieved employee may enforce the pro-
the State to establish prevailing-wage levels combat zone of operations during a period of
visions of the Act by means of a civil action. If military conflict shall be allowed up to 10 days
for the employees of contractors or subcon- the employee was wrongfully terminated, he
tractors furnishing building services for any of unpaid leave by his or her employer. Such
or she may be reinstated, with payment of any leave shall be used only when the member of
property or premises owned or leased by the lost wages, benefits, or other remuneration. In
State. The State commissioner of labor has the armed services is deployed to a combat
addition, the court may award punitive dam- theater or combat zone of operations during
the authority to investigate and ascertain the ages not greater than treble the damages of
wages of any employees and to enter the place a period of military conflict and is on leave.
an assessment of a civil fine of not more than An employer shall not retaliate against an
of business or employment to examine and $1,000 for a first violation and not more than
inspect any or all books, registers, payrolls, employee for requesting or obtaining a leave
$5,000 for each subsequent violation. of absence. This provision is in addition to any
and other records that in any way relate to
the question of wages. The commissioner also other leave allowed by the employer.
may require from contractors full and cor- New Mexico
rect statements, in writing, regarding wages,
Worker privacy. No employer may cause
hours, names, addresses, and other informa-
Discharge. Legislation was enacted to pro- an audio or video recording to be made of
tion about workers and may require any con-
vide employment protection to volunteer an employee in a rest room, locker room, or
tractor to file records pertaining to employ-
emergency responders. If an employee is serv- room designated by an employer for employ-
ment within 10 days of receipt of a request
ing as a volunteer emergency responder (a ees to change their clothes, unless authorized
to do so. Failing to file may result in the State
member in good standing of a volunteer fire by court order. No recording made in viola-
treasurer immediately withholding up to 25
department, an emergency medical service, a tion of this law may be used by an employer
percent (and not to exceed $100,000) of the
search-and-rescue team, or a law enforcement for any purpose. In any civil action alleging a
funds to be paid to the employer. The amount
agency; or a person who is enrolled by the violation, the court may award damages and
withheld shall be immediately released upon
State or a political subdivision thereof for the reasonable attorneys’ fees and costs to a pre-
receipt by the State treasurer of a notice from
purpose of responding to an emergency or a vailing plaintiff and may afford the plaintiff
the commissioner indicating that the request
disaster) and is absent from his or her place of injunctive relief against any employer that
for records has been satisfied. Any contrac-
employment in order to respond to an emer- commits or proposes to commit a violation of
tor who willfully hinders or delays the en-
gency or a disaster, the employee shall not be this law.
forcement of this provision shall be guilty of
terminated, demoted, or in any other manner Wage-reporting information obtained
a disorderly persons offense and shall, upon
discriminated against in terms and conditions from the State Department of Taxation and
conviction, be fined not less than $100.00 or
of employment. This legislation does not ap- Finance shall be considered confidential and
more than $1,000 and/or be imprisoned for
ply if the employee, while acting as a volun- shall not be disclosed to persons or agencies
not less than 10 days or more than 90 days.
teer emergency responder, is absent from his other than those considered entitled to such
Each week that a worker is paid less than
or her place of employment for a period of information under the Social Security Act
the applicable rate shall constitute a separate
more than 10 regular business days in a calen- or some other Federal law. However, such
offense. As an alternative, or in addition, to
dar year. It is incumbent upon the employee information may be disclosed to the U.S.
any other sanctions, the commissioner is au-
serving in this capacity to make reasonable Census Bureau, upon request to the State
thorized to assess and collect administrative
efforts to notify the employer over the course commissioner of labor, for statistical analyses
penalties up to a maximum of $250 for a first
of the absence. The employer may request an related to population and employment meas-
violation and up to a maximum of $500 for
employee to provide written verification from urements and trends. The information pro-
each subsequent violation. The contractor also
the State’s office of emergency management, vided must be considered necessary for
may be requested to pay the applicable wages
or from a State or local official, of the dates the evaluation of the effect of earnings on
to the commissioner, who will subsequently
and time of the employee’s service as a volun- participation in training programs related
disperse the funds to the employee. Workers
teer emergency responder. The employer may to the department’s reporting, monitoring,
may bargain collectively through representa-
charge an absence of this nature against an or evaluating responsibilities. When the
tives in order to establish wages in excess of
employee’s regular pay time. Finally, an em- information is used for such purposes, ac-
any applicable minimum.
ployee who has been terminated, demoted, cess to it, obtained from the department,
or in any other manner discriminated against shall be limited to that which concerns
Unfair labor practice. In newly enacted leg- may bring a cause of action seeking reinstate- individuals who applied to, or participated in,
islation, no employer or employer’s agent, ment to his or her former position, payment the aforementioned programs. Any reports
representative, or designee may require its of back wages, reinstatement of fringe ben- concerning employment security and training
employees to attend an employer-sponsored efits, or reinstatement of seniority rights if the programs submitted to a State or Federal
reimbursement payments owed them trans- Equal employment opportunity. The State by the city, the division shall in turn request
ferred to their accounts electronically. code was amended by the addition of a sec- the Department of Public Safety to complete
tion which states that it is unlawful for a board a Federal Bureau of Investigation criminal
of education or a director of schools to fail or background check through a national crimi-
South Carolina refuse to hire, or to discharge, a teacher, or to nal history system. If a criminal background
otherwise discriminate on the basis of com- check reveals that a ground transportation
Human trafficking. The State Code was pensation, terms, conditions, or privileges of service provider failed to disclose a crimi-
amended to create the offense of trafficking in employment, because of that individual’s age. nal history, the city may deny or, if already
persons for “forced labor or services,” defined This prohibition is limited to those who are at conditionally given, immediately terminate
as any type of labor or services performed or least 40 years of age. the provider’s right to provide ground trans-
provided by a person and rendered through portation service at an airport. If the ground
another person’s exertion of physical, finan- transportation service provider has disclosed
cial, or other means of control over the person Workplace security. Blasting firms in the State
are now required to submit any letter of de- a criminal history, and the background check
providing the labor or services. As amended, reveals that the provider has been convicted of
the code now states that a person who know- nial of issuance of a permit or license required
by the Bureau of Alcohol, Tobacco, Firearms a crime which indicates a risk for the safety or
ingly subjects another person to forced labor well-being of the patrons or employees of the
or services, or who recruits, entices, harbors, and Explosives and that is received from the
Bureau to the State fire marshal within 5 cal- airport, the city may deny or, if already con-
transports, provides, or obtains another person ditionally given, immediately terminate the
by any means, knowing that the latter person endar days of receipt. Failure to comply with
this requirement may lead to the assessment person’s right to provide ground transporta-
will be subjected to forced labor or services, or tion service. If a city denies or terminates the
who aids, abets, attempts, or conspires to do of a civil money penalty of $2,500 against an
individual or $5,000 against a firm. right of an individual to provide ground trans-
any of the aforesaid acts is guilty of a felony portation service because of information ob-
known as trafficking in persons for forced la- tained through a criminal background check,
bor or services and, upon conviction, must be Utah
the city shall notify the individual, in writing,
imprisoned for not more than 15 years. of the reasons for the denial or termination
Worker privacy. The Government Records and shall give the person an opportunity to re-
South Dakota Access and Management Act was amended to spond to the reasons and seek review through
provide for access to certain information for the administrative procedures established by
government employees or officers. The public the city.
Inmate labor. Under new legislation, the has a right to be able to contact governmental
earnings of inmates participating in a work agencies for the purpose of conducting neces-
release program shall be assigned and paid sary and relevant business. The amended Act Vermont
to the Department of Corrections. For each defines a dedicated business address, business
inmate scheduled to be released, the depart- e-mail address, and business telephone number Department of labor. The State Department
ment shall place all earnings in the inmate’s as legitimate avenues by means of which the of Labor and Industry was renamed the State
account and make disbursements for the fol- public may contact an employer or officer of Department of Labor. With the advice and
lowing purposes, in order: (1) room-and-board the governmental entity, and therefore as part consent of the senate, the Governor shall
charges; (2) necessary travel expenses and oth- of the public record, separate and apart from biannually appoint a State commissioner of
er incidental expenses related to the inmate’s the individual telephone numbers, e-mail ad- labor.
release program; (3) support of the inmate’s dresses, or business addresses of specific gov-
legal dependents; (4) payments on fines and ernmental employees. In addition, the name,
restitution; and (5) payments of personal debts Minimum wage. Because of previously en-
gender, gross compensation, job description, acted legislation, the State minimum wage
and obligations, upon proper proof and at the job title, number of hours worked per pay pe-
discretion of the inmate. Any balance is to be was increased to $7.53 per hour, effective
riod, dates of employment, relevant education, January 1, 2007.
retained in the inmate’s account and paid to previous employment, and similar job qualifi-
the inmate upon parole or discharge. cations of current or former employees can be
considered part of the public record. Virginia
Tennessee
Workplace security. The State Public Safety Equal employment opportunity. An order was
Child labor. The State commissioner of envi- and Transportation Codes were amended issued which stipulates that the State has a
ronment and conservation is encouraged to to permit certain cities to require a criminal firm and unwavering policy to ensure equal
employ persons younger than 19 years of age background check as a condition of provid- opportunity in all facets of State government.
to work in State parks and recreation areas. ing ground transportation service to the city’s The policy specifically prohibits discrimina-
These individuals should be employed only in airport. Ground transportation service is de- tion against otherwise qualified persons on
nonhazardous duties that enhance the viabil- fined as the service of a driver who picks up or the basis of race, sex, color, national origin,
ity and purpose of the State’s pristine parks. drops off passengers at an airport under a city’s religion, sexual orientation, age, political af-
An annual report on the number of persons authority. Each ground transportation service filiation, or disability. Allegations of violations
under 19 years of age who are employed to provider who is required to submit a back- of this policy shall be brought to the attention
work in State parks and recreation areas, and ground check shall submit a fingerprint card of the Office of Equal Employment Services
in which State parks and recreation areas such in a form acceptable to the State Criminal of the Department of Human Resource Man-
persons are employed, shall be prepared by Investigation and Technical Services Division agement. No State appointing authority, other
the commissioner and provided to the Sen- and shall consent to a fingerprint background management principal, or supervisor shall
ate Environment, Conservation, and Tourism check by the State Bureau of Criminal Iden- take retaliatory actions against persons mak-
Committee and to the House Environment tification and the Federal Bureau of Investi- ing such allegations. State employees found in
Committee. gation. For each background check requested violation of the policy shall be subject to ap-
tigated, unless it is otherwise resolved, a cita- amended, increasing the State minimum and not exceed $30,000. A reduction in force is
tion shall be issued and notice of assessment training wages and linking them to the Feder- a net reduction in the number of workers
or a determination of compliance shall be ren- al minimum and training wages. An employer employed by the employer and in which the
dered to both the employee and employer no who employs, during any calendar week, six worker is deemed unemployed through no
later than 60 days after the date on which the or more employees in any one separate, dis- fault of his or her own.
department received the wage complaint and tinct, and permanent location and who is The State Code was amended so that if
no later than 3 years after the date on which not subject to the Federal minimum wage is a person, firm, or corporation fails to pay an
the cause of action accrued. If the department subject to the State minimum-wage law, as employee wages as required by the Code, such
determines that an employer has violated a are all individuals employed by the State, its person, firm, or corporation shall, in addition
wage payment requirement, the department agencies, and its departments. Effective July 1, to the amount already due, be liable to the
may order the employer to pay the employee 2006, every employer began paying each of its employee for 3 times that amount as liquidat-
all wages owed, including interest of 1 percent employees wages at a rate not less than $5.85 ed damages.
per month. A civil penalty for a willful viola- per hour. After July 1, 2007, each employee
tion of wage payment requirements shall not shall be paid at a rate not less than $6.55 per Worker privacy. Any employer or designated
be less than $500 or an amount equal to 10 hour. After July 1, 2008, each employee shall agent thereof who discloses job-related infor-
percent of the total amount of unpaid wages, be paid at a rate not less than $7.25 per hour. mation (information concerning a person’s
whichever is greater. The maximum civil pen- Anytime the Federal minimum hourly wage education, training, experience, qualifications,
alty for a willful violation shall be $20,000. is equal to or greater than the rate paid by the conduct, and job performance offered for the
The department shall waive any civil penalty State, every employer shall pay its employees purpose of providing criteria for evaluating
assessed against an employer if the director wages at a rate not less than the Federal rate. the person’s suitability for employment) that
determines that the employer has provided When certain specific conditions are met, an may be reasonably considered adverse about
payment to the employee of all wages owed, employer may pay an employee who is young- a former or current employee to a prospec-
including interest, within 10 business days er than 20 years of age a training wage of not tive employer of that employee is presumed
of the employer’s receipt of the citation and less than $5.15 per hour for a cumulative pe- to be acting in good faith and is immune from
notice of assessment. A citation and notice of riod of not more than 90 days. civil liability for the disclosure or its conse-
assessment or a determination of compliance quences. Any disclosure of such information
that is not appealed within 30 days is final and shall be in writing, and a copy of the disclo-
Prevailing wage. Legislation was enacted
binding and not subject to further appeal. An sure shall be provided to the former or cur-
that amended the State Code applying to
employer who fails to allow adequate inspec- rent employee at the time of its issuance. The
expenditures for construction projects by any
tion of records in an investigation may not presumption of good faith is rebutted upon a
public authority for public improvement. For
use such records in any appeal to challenge showing, by a preponderance of the evidence,
such projects, the public authority (the em-
the correctness of any determination by the that the information disclosed was knowingly
ployer) shall file copies of the waiver certifi-
department of wages owed. If the employee false, disclosed with reckless disregard for the
cates and certified payrolls, or other compa-
elects to terminate the department’s admin- truth, deliberately misleading, rendered with
rable documents, with the State Division of
istrative action, then (1) the department shall malicious purpose toward the former or cur-
Labor. The documents filed include informa-
immediately discontinue its action against the rent employee, or disclosed in violation of a
tion on the number of employees, the county
employer; (2) the department shall vacate a nondisclosure agreement or applicable law. If
and State wherein the employees reside, and
citation and notice of assessment already is- negative, false, or misleading information was
the employees’ occupations. The State Divi-
sued to the employer; and (3) the citation and given, and if the current or former employee
sion of Labor shall compile the information
notice of assessment, any related findings of so requests, then the employer shall give cor-
required and submit it annually to the Joint
fact or conclusions of law, and any payment or rected information to every person or entity
Committee on Government and Finance by
offer of payment by the employer of the wages, that is in the employer’s records as having re-
October 15 of each year. The joint committee
including interest, assessed by the department ceived the original information, including the
may forward these reports to the legislative
shall not be admissible in any court action or former or current employee.
auditor for review and commentary regarding
other judicial or administrative proceeding.
the usefulness of the information collected
and for suggested changes to the division’s Wisconsin
Workplace security. The Equipment and method of reporting in order to ensure that
Standards Review Unit of the State Patrol shall the information collected will prove useful in
require a record check of all applicants and Drug and alcohol testing. No employee may
evaluating the effectiveness of the legislation.
drivers applying for an authorized emergency use, possess, attempt to possess, distribute,
Every public-improvement contract or sub-
vehicle permit before issuing such a permit. deliver, or be under the influence of a drug,
contract let by a public authority shall contain
The record check shall be carried out by the or use or be under the influence of alcohol,
provisions conforming to the requirements of
State Patrol Criminal Identification Section while performing work on approved public
this legislation.
and the Federal Bureau of Investigation. The projects. Before an employer may commence
record check shall include a fingerprint check work on a project, it shall have in place a writ-
using a complete State criminal identification Wages paid. The State Code relating to the ten program for the prevention of substance
fingerprint card. When necessary, applicants calculation of the State adjusted gross in- abuse among its employees. The program shall
may be employed on a conditional basis, come for personal income tax purposes was require that employees performing work on a
pending completion of the investigation. The amended. For the 2006 taxable year only, as a project submit to random, reasonable-suspi-
applicant, driver, or employer shall pay all result of a reduction in force, severance wages cion, and postaccident drug and alcohol test-
costs associated with the record check. (monetary compensation, in excess of regular ing and that employees slated to work on a
annual wages or salary, paid by the employer project submit to drug and alcohol testing be-
West Virginia in the taxable year as a result of the employee’s fore commencing work on the project, except
permanent termination from employment) that testing of an employee falling into the
Minimum wage. The State Code was received by a taxpayer from an employer can- latter category is not required if the employee