...Dakota, Nevada, Oregon, Texas) were not scheduled to meet in regular session. (All 50 States had met in regular session in 2005.) Several of the 6 States that did not meet in regular session did, however, convene in special sessions dedicated to various issues of special interest. At the time this article was submitted for publication, 42 of the 50 States, along with the District of Columbia, had enacted or amended labor legislation of consequence during 2006 in the categories that are tracked. Although they met in regular session, Mississippi and Nebraska did not enact significant legislation in the fields covered. (1) In addition, representatives from the Government of Guam responded by providing information regarding significant labor legislation enacted in their locality during the past year. Such information had not been received from Puerto Rico and the Virgin Islands at the time this article was submitted.

Currently, more than 30 categories of labor legislation introduced and then enacted by the States are tracked by the Wage and Hour Division of the U.S. Department of Labor: agriculture, child labor, State departments of labor, employee discharge, drug and alcohol testing, equal employment opportunity, employee leasing, employment agencies, family leave, garments, genetic testing, hours worked, human trafficking, immigrant protection, inmate labor, living wages, minimum wages, offsite work, overtime, plant closings, employee preference, prevailing wages, right to work, time off, unfair labor practices, wage payments and collection, whistleblowers, worker privacy, workplace security, workplace violence, and other labor-related issues that might be of general interest. Not every enacted piece of legislation that falls into one of these categories is discussed in this article; among the laws that are excluded are those which (1) amend existing State law, but are strictly technical in nature, (2) affect a limited number of individuals, (3) require or distribute a study of an issue, or (4) deal with funding related to an issue.

Volume aside, the legislation that was enacted by the States addressed a significant number of employment standards areas and included many important measures. Minimum-wage legislation was the "hot-button" issue this year, with an increasing number of States enacting laws that raised their required minimum-wage rates, thus continuing a trend of expanded State activity in this area. Issues such as workplace security, a variety of prevailing-wage issues, equal employment opportunity, wages paid, time off, drug and alcohol testing, child labor, human trafficking, and protection for immigrants were included in new or amended legislation enacted during 2006. The issue of human trafficking legislation has had increased activity in the States for the last couple of years. Some of the legislation enacted established a definition of human trafficking, other laws established minimum and maximum penalties for those convicted of human trafficking activities, and still others permitted victims of human trafficking to seek civil damages and remedies from individuals who subjected them to the unlawful trafficking.

This article does not cover legislation in the areas of occupational safety and health, employment and training, labor relations, employee background checks (except for those dealing with potential national security issues), economic security, and local living-wage ordinances.

As of January 1, 2007, State-required minimum-wage rates were higher than the Federal minimum-wage standard in 29 states and the District of Columbia. (By way of comparison, on January 1, 2006, 17 States and the District of Columbia had minimum-wage rates greater than the Federal standard.) Of the 45 States with minimum-wage laws, only Kansas, at $2.65 per hour, has a rate lower than the Federal rate of $5.15 per hour. The five remaining States that do not have a required minimum wage are Alabama, Louisiana, Mississippi, South Carolina, and Tennessee.

The next section briefly summarizes, by legislative category, a number of the bills that resulted in laws enacted or amended by the State legislatures during the past year. Following this summary is a comprehensive description of each State's legislative activities, subdivided by the labor legislation category, that were enacted or amended during the course of the year.

Agriculture. California revised the Employee Housing Act regarding group quarters for agricultural housing, while Florida amended the safety requirements for farm labor vehicles used to transport nine or more workers.

Child labor. Employers, parents, and guardians in Connecticut may now all be assessed a monetary penalty for employing, or permitting the employment of, a minor in violation of the hours-worked standards in manufacturing, mechanical, or mercantile establishments. Employers in Indiana who violate the hours-worked requirements of the State labor laws will receive a warning letter for a first violation. Additional penalties for subsequent violations may result in the revocation of the child's employment certificate and the assessment of monetary penalties against the employer. Artistic or creative service contracts executed on behalf of a minor in Louisiana shall now require that 15 percent of the gross earnings of the minor under contract be placed in a trust fund created for the benefit of the minor.

Discharge. Kentucky and Louisiana enacted legislation providing employment protection to employees, such as firefighters, rescue squad members, and emergency medical technicians, who serve as voluntary emergency responders.

Drug and alcohol testing. Delaware now requires that provisions governing mandatory drug testing be incorporated into all public-works contracts. Indiana similarly requires that public-works contracts provide for mandatory drug testing of employees. Kentucky now requires that all applicants for certification as new miners and all initial applicants for all other certifications provide proof of their drug- and alcohol-free status prior to certification. Before Wisconsin employers may commence work on a public project, they are required to have in place a written program for the prevention of substance abuse among their employees.

Equal employment opportunity. California now requires employers with 50 or more employees to provide, to all supervisory employees who have been employed since July 1, 2005, and to all new supervisory employees within 6 months of their assumption of a supervisory position, at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment. Delaware no longer permits "genetic information" to be used in a discriminatory manner in State employment. Maryland has established a commercial nondiscrimination policy that prohibits the State from entering into a procurement contract with a business entity that has discriminated, through a variety of tactics, against subcontractors, suppliers, vendors, or commercial customers. New Hampshire law was amended so that it is now an unlawful discriminatory practice to fail to make a reasonable accommodation for an employee with a disability if the employee is otherwise qualified to perform the essential functions of the job and if providing the accommodation would not pose an undue hardship on the employer. The State of Washington now provides persons with the right to obtain and hold employment without discrimination in a number of protected categories, including sexual orientation and gender expression.

Family issues. Delaware and Rhode Island extended the definition of "family member" for purposes of an employee being able to take compassionate leave. The State of Washington amended its State Family Medical Leave Act regarding the amount of leave that can be taken for certain purposes.

Human trafficking. Colorado law was amended to extend the application of the crime of aggravated extortion to any person who has the intention of inducing another person, against that other person's will, to perform tasks under the threat of reporting the immigration status of the threatened person or another person to law enforcement officials. Colorado also amended its law concerning the act of coercion in regard to involuntary servitude. New Florida legislation defines the forms of labor trafficking that occur in labor exploitation and requires the establishment of standards for basic and advanced training for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Georgia, Idaho, and Michigan further defined human trafficking activities and established minimum and maximum terms of imprisonment for some of those activities, while Pennsylvania established a term of life imprisonment for a certain type of human trafficking activity and behavior. Illinois allows victims of human trafficking to seek civil damages and remedies from individuals who recruited, harmed, profited from, or maintained them in the sex trade. North Carolina further defined human trafficking, as well as the felony classification under which trafficking activities would fall.

Immigrant protection. Colorado now prohibits businesses that knowingly pay more than a certain monetary amount to unauthorized aliens to perform labor services from claiming those wages as a deductible business expense for State income tax purposes. Also, employers in the State are now required, within 20 days after hiring a new employee, to affirm that they have (1) examined the legal work status of the new employee, (2) not altered or falsified any part of the employee's official immigration-related documents, and (3) not knowingly hired an unauthorized alien.

Inmate labor. In Alaska, the commissioner of the Department of Labor and Workforce Development may enter into a contract for the employment of prisoners, provided that, among other criteria, the contract requires payment of the minimum wage to the commissioner for each hour worked by a prisoner. Maryland amended the State code to include an additional reason that goods and services produced by State correctional services could be sold on the open market when certain conditions are met.

Minimum wages. As previously mentioned, with more than 120 pieces of legislation introduced in at least 35 States, the minimum wage was the "hot-button" issue of the year. Those pieces of legislation concerned issues ranging from establishing wage increases, to changes in tip credits for employees who receive tips, to the issue of wages received for training. In Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, West Virginia, and Wisconsin, the minimum wage increased because either (1) legislation was enacted or amended during the year, (2) such an increase was previously scheduled under legislation (dealing, for example, with cost-of-living adjustments) enacted in earlier years, or (3) a ballot initiative increasing the wage rate occurred either in last November's election or a previous election. Each of these rates became effective either sometime during calendar year 2006 or on January 1, 2007. Thus, more than half of the 50 States showed an increase in the minimum wage between January 1, 2006, and January 1, 2007. In addition, Guam enacted legislation that will increase its minimum wage in July 2007. Florida now requires the prominent display, in a conspicuous and accessible location in the workplace, of a poster publicizing the minimum wage in both English and Spanish. Illinois passed legislation to include limited-liability companies within the scope of the term "employer." Maryland permits the adoption of a training wage that complies with the conditions and limitations authorized under the Federal Fair Labor Standards Act of 1989. Michigan now allows a new employee under 20 years of age to be paid an hourly training wage of $4.25 for the first 90 days of employment. Also in Michigan, the minimum hourly wage for an employee who is less than 18 years is 85 percent of the general minimum hourly wage.

Other labor laws of interest. Michigan defined a full-time job as a job performed by an individual for 35 or more hours each week whose income and Social Security taxes are withheld.

Overtime. Under newly enacted legislation, California overtime compensation requirements do not apply to teachers of students in kindergarten through grade 12 at private elementary or secondary academic institutions. Certain exclusions apply.

Prevailing wage. Illinois contractors and subcontractors are now permitted 7 business days' notice until they must make available for inspection the records of all laborers, mechanics, and other workers they employ on a given project. The New Jersey commissioner of labor has the authority to investigate and ascertain employee wages, enter and inspect a place of business or employment, review all records relating to wages, and assess penalties against those who hinder or delay such enforcement. Employers in Rhode Island who violate the prevailing-wage law shall be considered guilty of a misdemeanor and punished by a fine of not less than $500 or more than $1,000 per day of violation. Such employers also may be sentenced to not less than 10 days or more than 90 days of imprisonment.

Time off. Subject to certain limitations, employees in Alabama shall, upon reasonable notice to the employer, be permitted to take necessary time off from their employment to vote in any municipal, county, State, or Federal political party primary or election for which the employee is qualified and registered to vote on the day such an election is held. Indiana enacted legislation regarding employee time off for jury service, while Maine passed legislation granting up to 15 days off for family military leave. Employers in Kansas are prohibited from discharging, or in any manner discriminating or retaliating against, an employee who is a victim of domestic violence or a victim of sexual assault for taking time off from work as a result of such violence or assault. Rhode Island now requires a 20-minute mealtime break within a 6-hour work shift and a 30-minute mealtime break within an 8-hour work shift. Certain exclusions apply.

Wages paid. California law now stipulates that an employee who is engaged in the production or broadcasting of motion pictures and whose employment terminates, whether by discharge, layoff, resignation, completion of employment, or otherwise, is entitled to receive payment of all wages earned, but unpaid at the time of termination, by the next regular payday. Florida labor pools may not charge more than a reasonable amount to transport a worker to or from a designated worksite, but in no event shall the amount exceed $1.50 each way. Additional constraints on financial charges were placed upon labor pools that provide access for employees to cash-dispensing machines located on the premises of the labor pool. As a condition of employment, certain Iowa employees may be required to participate in the direct deposit of their wages in a financial institution of their choice. Minnesota employers who choose to provide earnings statements by electronic means must give employees access to an employer-owned computer during the employees' regular working hours in order to review and print their statements. Employees may opt out of the system in writing to the employer, as long as the written request meets certain conditions. Oklahoma employees are now permitted to be paid by electronic means. When employees in the State of Washington file a wage complaint with the State Department of Labor and Industries and the complaint is investigated, then, unless it is otherwise resolved, a citation shall be issued and notice of assessment or a determination of compliance shall be rendered to both the employee and the employer no later than 60 days after the date on which the department received the complaint and no later than 3 years after the date on which the cause of the action accrued. If a West Virginia person, firm, or corporation fails to pay an employee his or her wages as required, the person, firm, or corporation shall also be liable to the employee for 3 times the amount of back wages as liquidated damages.

Worker privacy. Florida created a public-records exemption for current and former personnel in a variety of positions with the Department of Juvenile Justice. In Kansas, no document available for public inspection or copying shall contain an individual's Social Security number, unless required by Federal law. Certain employers in Maryland are prohibited from printing or causing to be printed an employee's Social Security number on a wage payment check, on an attachment to a wage payment 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 a credit card account. Justices and judges in Virginia are no longer required to disclose the address or telephone number of their principal residence or the names or occupations of any immediate family members. West Virginia employers or their designated agents who disclose certain types of job-related information that reasonably may be considered adverse about a former or current employee to a prospective employer of that employee are presumed to be acting in good faith and are immune from civil liability for the disclosure or its contents.

Workplace security. In order to obtain or renew a certificate of fitness to handle explosives, explosives handlers in Alaska must apply in writing and under oath and also must submit fingerprints and fees for a criminal background check to the State Department of Public Safety. Arizona employees in the State Department of Economic Security must have a valid fingerprint clearance card issued by the department or must provide the department with documentation of their application for a fingerprint clearance card. The Georgia State Bureau of Investigation must place a high priority on inquiries from any nuclear power facility requesting a criminal history. Tennessee blasting firms are now required to submit any letter of denial received from the Bureau of Alcohol, Tobacco, Firearms and Explosives to the State fire marshal within 5 calendar days of receipt of the letter. Utah permits certain cities to require a criminal background 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, only to specific entities, now including shipyards engaged in the design, construction, overhaul, or repair of nuclear vessels for the U.S. Navy.

Workplace violence. The Hawaii State Senate adopted a resolution urging State employers to implement standards of conduct and policies for managers and employees to reduce workplace bullying and promote healthful and safe work environments.

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. Each employee in the State shall, upon reasonable notice to his or her employer, be permitted to take necessary time off from employment to vote in any municipal, county, State, or Federal political party primary or election for which the employee is qualified and registered to vote on the day on which the primary or election is held. The time off shall not exceed 1 hour, and if the employee's hours of work commence at least 2 hours after the opening of the polls or end at least 1 hour prior to the closing of the polls, then the time off from employment for purposes of voting shall not be available. The employer may specify the hours during which the employee is permitted to be absent from the job.

Alaska

Inmate labor. The commissioner of the Department of Labor and Workforce Development may enter into a contract with an individual, a private organization, or a public agency for the employment of prisoners, provided that the commissioner consults with local union organizations beforehand in order to ensure that the contract will not result in the displacement of employed workers, will not be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, and will not impair existing contracts for services. A contract with an individual or a private organization must require that the commissioner be paid the minimum wage for each hour worked by a prisoner. A prisoner who refuses to participate in productive employment inside a correctional facility is subject to disciplinary action. If the compensation of a prisoner who participates in the program is 50 percent or more of the minimum wage, the commissioner may deduct the cost of confinement of the prisoner, up to the statewide average cost of confinement, before disbursements are made.

Workplace security. An applicant for the issuance or renewal of a certificate of fitness to handle explosives shall apply in writing and under oath, and shall provide his or her name and address, age, citizenship status, fingerprints, and fees for a criminal background check, to the Department of Commerce, Community and Economic Development. The department then submits the fingerprints to the Department of Public Safety to obtain a report containing criminal justice information and to perform a national criminal history record check. The fingerprints also may be submitted to the Federal Bureau of Investigation for a national criminal history record check. If the applicant is found competent by reason of training, experience, the criminal history and background check, and physical fitness, a certificate of fitness will be issued. The certificate, which shall set out the competency of the applicant and provide for positive identification, shall be carried on the person engaged in handling explosives.

Arizona

Immigrant protection. The State House of Representatives adopted a resolution urging that the U.S. Congress include an agricultural commuter worker permit program as part of any immigration reform legislation that allows foreign workers to commute across the border daily to work in the United States, provided that they have passed criminal and security background checks and a medical examination. The resolution also requests that immigrants possess tamper-resistant biometric authorization cards.

Minimum wage. Due to a ballot initiative passed in the November 2006 election, employers in Arizona must pay a State minimum wage of $6.75 per hour to employees...

NOTE: All illustrations and photos have been removed from this article.



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