2011 Enacted Wage and Hour Legislation

Wage and hour legislative bills were introduced in every state, the District of Columbia and Puerto Rico during the 2011 legislative session.  Laws were enacted in 42 states and Puerto Rico.

Wage and hour issues include:
  • minimum wage
  • overtime
  • meal and rest breaks
  • tipped income
  • training issues
  • work schedules
  • prevailing wages
  • employment status
  • payment of wages
  • child labor
  • benefits
  • employment practices
2011 Enacted Wage and Hour Legislation
 
ALABAMA
AL H 230              Galliher (R)
Title:                       Job Creation Tax incentives
Status:                   Enacted
Summary:             Provides an incentive for job creation in Alabama; creates an income and financial institution excise tax credit for small businesses that create new jobs paying more than a specified wage per hour.
06/09/2011           Signed by Governor.
06/09/2011           Act No. 2011-551
 
ALASKA
AK H 155             House Labor and Commerce Committee
Title:                       Public Construction Contracts
Status:                   Enacted
Summary:             Relates to public contracts; makes changes relating to the applicability of prevailing wage rates to public construction contracts, filing fees, advertising specifications for contracts that require or involve the employment of mechanics, laborers, or field surveyors, and payment of wages due.
07/22/2011           Signed by Governor.
07/26/2011           Chapter No. 28
 
ARIZONA
AZ H 2067            Burges (R)
Title:                       Constable Service Fees
Status:                   Vetoed
Summary:             Relates constable fees; provides for a board of supervisors; provides for a contract with a government agency to provide constable services at fees that are less than those established by Section 11-445, except for those services that are specifically authorized by law to be performed solely by the sheriff.
04/29/2011           Vetoed by Governor.
 
AZ S 1264             McComish (R)
Title:                       Workers Compensation and Reasonable Accommodation
Status:                   Enacted
Summary:             Relates to workers' compensation; provides that if an employer has made reasonable accommodations pursuant to the Americans With Disabilities Act, wages payable for the modified job position shall be included in the determination of any temporary partial or permanent partial earning capacity, notwithstanding that the modified job is not available in the open competitive labor market; requires a report requiring an insurer or self-insurer to deem that the condition arose out of the employment.
04/29/2011           Signed by Governor.
05/02/2011           Chapter No. 345
 
AZ S 1365             Antenori (R)
Title:                       Paycheck Deductions for Political Purposes
Status:                   Enacted
Summary:             Relates to paycheck deductions for political purposes; prohibits an employer from deducting payment from an employee's paycheck for political purposes unless the employee annually provides written authorization; requires a statement that such deductions are not used for political purposes or a statement that indicates the maximum percentage of the payment; provides a civil penalty for employer violations; provides that any deduction for an organization becomes void if the employee resigns.
04/27/2011           Chapter No. 251
 
AZ S 1403             Shooter (R)
Title:                       Prevailing Wage Contracts
Status:                   Enacted
Summary:             Relates to prevailing wage contracts; provides that agencies and political subdivisions shall not require in contracts that a contractor, subcontractor, material supplier or carrier engaged in public works to negotiate, execute or become a party to any project labor agreement with employees, employees' representatives or labor organization as a condition or factor in bidding, negotiating, being awarded or performing work on a public works contract; prohibits private individual collective bargaining.
04/05/2011           To Governor.
04/06/2011           Signed by Governor.
04/07/2011           Chapter No. 23
 
ARKANSAS
AR H 2160           Biviano (R)
Title:                       Full Time Permanent Employee
Status:                   Enacted
Summary:             Amends the definition of new full-time permanent employee to include employees who work at home who otherwise meet the definition of new full-time permanent employee, are subject to state income tax withholding, and meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year, as that definition applies to business incentives.
04/04/2011           Signed by Governor.
04/08/2011           Act No. 1197
 
CALIFORNIA
CA A 55                Gatto (D)
Title:                       Unemployment Compensation: Motion Picture Industry
Status:                   Enacted
Summary:             Amends existing unemployment compensation law that requires any employing unit that is a motion picture payroll services company to be treated as an employer of a motion picture production worker and to file a statement of intent with the Employment Development Department and that any such entity that quits business to file a final return and report of wages, and authorizes a related report to the Legislature by the department. Deletes the report authorization and the repeal date of the existing law.
08/03/2011           Signed by Governor.
08/03/2011           Chaptered by Secretary of State. Chapter No. 160
 
CA A 240              Bonilla (D)
Title:                       Compensation Recovery Actions: Liquidated Damages
Status:                   Enacted
Summary:             Permits an employee to recover liquidated damages during a hearing pursuant to a complaint brought before the Labor Commissioner alleging payment of less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute.
09/07/2011           Signed by Governor.
09/07/2011           Chaptered by Secretary of State. Chapter No. 272
 
CA A 436              Solorio (D)
Title:                       Public Works: Labor Compliance
Status:                   Enacted
Summary:             Makes revisions regarding the method by which the Department of Industrial Relations sets reimbursement rates for its costs of performing prevailing wage monitoring and enforcement on specified public works projects when the reimbursement to the department may be waived. Exempts from those requirements public works projects financed in any part by the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002.
09/30/2011           Signed by Governor.
09/30/2011           Chaptered by Secretary of State. Chapter No. 378
 
CA A 469              Swanson (D)
Title:                       Employees: Wages
Status:                   Enacted
Summary:             Makes it a misdemeanor if an employer willfully violates specified wage statutes or orders or fails to pay a final judgment or final order of the Labor Commissioner. Subjects the employer to wage restitution. Extends the time required for a convicted employer to maintain a bond, and the time period for the Division of Labor Standards to collect a penalty or fee. Requires an asset accounting. Relates to pay rate and wage basis employee notification. Exempts public employers under certain conditions.
10/09/2011           Chaptered by Secretary of State. Chapter No. 655
 
CA A 514              Hernandez R (D)
Title:                       Public Works: Prevailing Wage: Hauling Refuse
Status:                   Enacted
Summary:             Amends existing law relating to public works contracts. Includes in the definition of hauling of refuse the hauling of specified materials other than certain recyclable metals, thereby expanding the definition of public works and requiring the payment of prevailing wages for that activity.
10/09/2011           Chaptered by Secretary of State. Chapter No. 676
 
CA A 551              Campos (D)
Title:                       Public Contracts: Prevailing Wage Requirements
Status:                   Enacted
Summary:             Amends existing law that requires a contractor or subcontractor to submit, to the state or political subdivision on whose behalf a public work is being performed, a penalty for violations of prevailing wage provisions. Increases that maximum penalty. Provides an increase in the period of contract ineligibility for a contractor or subcontractor that has been found to have committed willful violations. Relates to debarment for a payroll record violation. Requires a list of debarments on a specified Web site.
10/09/2011           Chaptered by Secretary of State. Chapter No. 677
 
CA A 766              Monning (D)
Title:                       Public Works: Payroll Records
Status:                   Enacted
Summary:             Amends existing law requiring each public works project contractor or subcontractor to keep payroll records and requires certain personal identification information to be removed under specified conditions. Requires nonredacted copies of certified payroll records to be provided a requesting agency. Requires copies made available shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. Provides an employer is not liable for actions taken in good faith.
10/05/2011           Signed by Governor.
10/06/2011           Chaptered by Secretary of State. Chapter No. 481
 
CA A 793              Eng (D)
Title:                       Insurance Producers: Reverse Mortgages
Status:                   Enacted
Summary:             Prohibits an insurance broker or agent from participating in, being associated with, or employing any party that participates in, or is associated with, the originating of a reverse mortgage. Prohibits individuals transacting insurance from receiving compensation, commission, or direct incentive for providing reverse mortgage brokers with a noncasualty insurance product that is connected to or a result of the reverse mortgage.
09/06/2011           Signed by Governor.
09/06/2011           Chaptered by Secretary of State. Chapter No. 223
 
CA A 1305            Huber (D)
Title:                       Descendants' Estates: Smaller Estates
Status:                   Enacted
Summary:             Increases the amount of salary or other compensation to be excluded from the determination of the value of an estate from $5,000 to $15,000. Increases the values in succession and transfer provisions from $100,000 to $150,000 for an estate, from $20,000 to $50,000 for real property. Makes other conforming changes.
07/25/2011           Signed by Governor.
07/25/2011           Chaptered by Secretary of State. Chapter No. 117
 
CA A 1388            Wieckowski (D)
Title:                       Earnings Withholding Orders
Status:                   Enacted
Summary:             Amends existing law regarding earnings withholding orders and states that the portion of the judgment debtor's earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor's family supported in whole or in part by the judgment debtor is exempt from the levy of an order if the debt was for the common necessaries of life. Deletes that exception. Provides an exception for a debt incurred upon an order or award for the payment of related attorney's fees.
10/09/2011           Chaptered by Secretary of State. Chapter No. 694
 
CA A 1396            Assembly Labor and Employment Committee
Title:                       Employment Contract Requirements
Status:                   Enacted
Summary:             Amends existing law requiring an employer with no fixed place of business in the state who enters into a contract of employment involving commissions as a method of payment with the employee for services to be rendered within the state to put the contract in writing and makes employers civilly liable. Makes contract requirements applicable to all employers entering into a contract of employment involving commissions as a method of payment for services to be rendered in the state. Repeals employer liability.
10/07/2011           Signed by Governor.
10/07/2011           Chaptered by Secretary of State. Chapter No. 556
 
CA A 1398            Chesbro (D)
Title:                       Employment of Minors: Agricultural Packing Plants
Status:                   Enacted
Summary:             Relates to employment of minors in agricultural packing plants. Provides an exemption for Lake County. Extends the operation of the exceptions pertaining to the employment of minors in Lake County. Changes reporting requirements of affected employers to require a written payroll report to be filed annually on or before a specified date. Changes the requirements of the Labor Commission to issue a single written report on the working conditions of minors employed in the packing plant industry.
10/05/2011           Signed by Governor.
10/06/2011           Chaptered by Secretary of State. Chapter No. 489
 
CA S 101               Corbett (D)
Title:                       Athlete Agents: Conflicts of Interest
Status:                   Enacted
Summary:             Prohibits an athlete agent from having an ownership or financial interest in an entity that directly employs athletes in the same sport as a person the agent represents. Limits the prohibition on an athlete agent dividing fees or receiving compensation to fees or compensation directly related to on-field activities of athletes or other representation of the league, team, or organization directly related to athlete employment.
07/07/2011           Signed by Governor.
07/08/2011           Chaptered by Secretary of State. Chapter No. 63
 
CA S 136               Yee (D)
Title:                       Public Contracts: Prevailing Wages
Status:                   Enacted
Summary:             Expands the definition of public work for the purposes of provisions relating to the prevailing rate of per diem wages, to also include any construction, alteration, demolition, installation, or repair work done under private contract that satisfies specified conditions related to energy.
10/09/2011           Chaptered by Secretary of State. Chapter No. 698
 
CA S 168               Corbett (D)
Title:                       Petitions: Compensation for Signatures
Status:                   Vetoed
Summary:             Provides that it is a misdemeanor for a person to pay or to receive money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition, and prescribes penalties for doing so.
08/01/2011           Vetoed by Governor.
 
CA S 381               Pavley (D)
Title:                       School Attendance: Residency Requirements
Status:                   Enacted
Summary:             Amends existing law regarding residency requirements for school attendance. Extends the operation of the provision authorizing the school district in which a parent or the legal guardian of the pupil is physically employed to allow the pupil to attend a school in that district. Modifies the provision by requiring that the parent or legal guardian's employment occur within the boundaries of that district for a minimum number of hours during the school week.
10/03/2011           Signed by Governor.
10/03/2011           Chaptered by Secretary of State. Chapter No. 447
 
CA S 448               DeSaulnier (D)
Title:                       Elections
Status:                   Vetoed
Summary:             Requires an individual who receives compensation to circulate an initiative, referendum, or recall petition to wear a badge stating that he or she is a paid signature gatherer. Requires such individual to wear the badge on his or her chest in clear view of all individuals signing or asked to sign the petition.
09/06/2011           Vetoed by Governor.
 
CA S 459               Corbett (D)
Title:                       Employment: Independent Contractors
Status:                   Enacted
Summary:             Prohibits willful misclassification of individuals as independent contractors, charging those who have been mischaracterized as independent contractors a fee, or making deductions from wages where the acts would have violated the law if the individuals had not been mischaracterized. Provides for damages and disciplinary actions on persons and employers. Requires violator notification to the Contractor's License Board. Relates to complaints. Provides for joint and several liability in certain situations.
10/09/2011           Chaptered by Secretary of State. Chapter No. 706
 
CA S 931               Evans (D)
Title:                       Payroll Cards
Status:                   Vetoed
Summary:             Authorizes an employer to pay an employee's wages by means of a payroll card provided that specified requirements are satisfied. Makes a violation a misdemeanor. Subjects a violator to specified civil penalties.
10/09/2011           Vetoed by Governor.
 
COLORADO
CO H 1072           McNulty (R)
Title:                       Initiative Proponent Representative Responsibilities
Status:                   Enacted
Summary:             Relates to initiative petitions; requires the designated representative of the proponents of an initiative petition to appear at a title board meeting and to certify, by a notarized affidavit signed, that they are familiar with the laws related to initiatives, including prohibitions against circulators' use of false addresses in completing circulator affidavits; requires a representative to submit a report including certain information, including the wages and hours of circulators.
06/10/2011           Session Law Chaptered. Chapter No. 255
 
CO H 1153           Hullinghorst (D)
Title:                       Juror Service Courts
Status:                   Enacted
Summary:             Concerns juror service; modifies requirements for juror service acknowledgments; makes conforming changes to provisions concerning employer compensation to jurors.
04/04/2011           Session Law Chaptered. Chapter No. 70
 
CO S 19                 King K (R)
Title:                       Employee Health Insurance Coverage Costs
Status:                   Enacted
Summary:             Allows a small employer that does not have a group health benefit plan to reimburse an employee, whether through wage adjustments or health reimbursement arrangements, for any portion of the premium for a health coverage plan.
04/04/2011           Session Law Chaptered. Chapter No. 78.
 
CONNECTICUT
CT S 913               Joint Committee on Labor and Public Employees
Title:                       Paid Sick Leave to Employees
Status:                   Enacted
Summary:             Requires most employers that employ 50 or more people in the state to provide certain employees with paid sick leave accruing at a rate of one hour per 40 hours worked; provides paid sick leave to service workers who work in an occupation within federal Standard Occupational Classification System titles named in the bill and that are paid by the hour; provides the date for the earlies accrual of sick leave; provides the conditions under which the leave can be used; provides employer civil penalties.
07/01/2011           Signed by Governor.
07/01/2011           Public Act No. 11-52
 
DELAWARE
DE HR 6                Keeley (D)
Title:                       Equal Pay Day
Status:                   Adopted
Summary:             Designates Tuesday, April 12, 2011 as "Equal Pay Day" in the State of Delaware.
04/12/2011           Passed House.
 
FLORIDA
FL H 287               Eisnaugle (R)
Title:                       Economic Development Tax Exemptions
Status:                   Enacted
Summary:             Relates to economic development; revises definitions of new business and expansion of existing business; provides for average wage of a new job; authorizes commissioners of a charter county to hold a referendum on economic development ad valorem tax exemptions; revises ballot questions relating to authority to grant economic development tax exemptions; provides for application of provision limiting the calling of another referendum within a certain time period; relates to enterprise zones.
06/23/2011           Filed as Chapter No. 2011-182
 
FL H 647               McBurney (R)
Title:                       Volunteer Protection Act
Status:                   Enacted
Summary:             Relates to the protection of volunteers; clarifies that in order to fall under protection of Florida Volunteer Protection Act, a person performing service for nonprofit organization may not receive compensation from nonprofit organization for that service, regardless of whether person is receiving compensation from another source; provides an exception.
06/23/2011           Filed as Chapter No. 2011-190
 
FL H 4023            Plakon (R)
Title:                       Sales Representative Contracts
Status:                   Enacted
Summary:             Repeals certain provisions relating to sales representative contracts involving commissions.
05/31/2011           Signed by Governor.
05/31/2011           Filed as Chapter No. 2011-96
 
FL H 7005            House Economic Affairs Committee
Title:                       Unemployment Compensation
Status:                   Enacted
Summary:             Relates to unemployment compensation; increases employer payroll service providers who qualify for access to unemployment tax information; relates to applicant initial skills review, cause for voluntarily leaving employment, disqualification due to receipt of severance pay, effects of criminal acts on eligibility for benefits and an employer payment schedule; requires the Agency for Workforce Innovation to contract with consumer-reporting agencies to provide secure electronic access.
06/27/2011           Signed by Governor.
06/28/2011           Filed as Chapter No. 2011-235
 
HAWAII
HI H 1434            Rhoads (D)
Title:                       Public Work Projects
Status:                   Enacted
Summary:             Relates to the prevailing wage law; ensures that a separate violation shall be found for each separate project for which the Department of Labor and Industrial Relations finds that a contractor has failed to comply with such law.
06/23/2011           Signed by Governor.
06/23/2011           Act No. 160
 
IDAHO
ID H 108               House Commerce and Human Resources Committee
Title:                       Employment Security Law
Status:                   Enacted
Summary:             Relates to the Employment Security Law and to unemployment benefit financing; makes technical corrections to definitions relating to low and mixed income housing projects; provides for the authority to borrow money and issue bonds or notes to finance projects to assist the Department of Labor in providing or financing unemployment compensation benefits; sets forth requirements for the issuance of such bonds or notes; modifies provisions relating to the taxable wage base and rates.
03/22/2011           Signed by Governor.
03/23/2011           Chaptered. Chapter No. 111
 
ID H 154               House Commerce and Human Resources Committee
Title:                       Employment Security Law
Status:                   Enacted
Summary:             Amends existing law to provide a civil penalty for professional employers who failed to file quarterly wage reports under the state's Employment Security Law.
03/22/2011           Signed by Governor.
03/23/2011           Chaptered. Chapter No. 117
 
ID S 1006              Senate State Affairs Committee
Title:                       Right to Work
Status:                   Enacted
Summary:             Relates to the right to work; provides that, in regard to contracts for certain public works, the state or any political subdivision shall not require certain payment to certain employees; provides that, in regard to contracts for certain public works, the state or any political subdivision shall not require that a contractor, subcontractor, material supplier or carrier engaged in public works become a party to certain agreements; relates to the prevailing wage.
03/03/2011           Signed by Governor.
03/04/2011           Chaptered. Chapter No. 31
 
ID S 1007              Senate State Affairs Committee
Title:                       Labor Organizations
Status:                   Enacted
Summary:             Amends existing law relating to labor organizations; prohibits certain activities relating to labor organizations; provides for violations and penalties; provides for challenges by interested parties; provides that no contractor or subcontractor may receive a wage subsidy, bid supplement or rebate on behalf of its employees the source of which is wages, dues or assessments collected by any labor organization; provides that no labor organization may pay a wage subsidy to subsidize a contractor.
03/03/2011           Signed by Governor.
03/04/2011           Chaptered. Chapter No. 32
 
ID S 1017              Senate Commerce and Human Resources Committee
Title:                       Employment Security Law
Status:                   Enacted
Summary:             Amends existing law relating to employment security law to provide that benefits paid to a claimant terminated because their employer was called to active military duty shall not be used as a factor in determining the taxable wage rate of the employer.
03/17/2011           Signed by Governor.
03/18/2011           Chaptered. Chapter No. 94.
 
ILLINOIS
IL H 1030             Madigan (D)
Title:                       Unemployment Benefits
Status:                   Enacted
Summary:             Amends the Unemployment Insurance Act; amends the definition of wages; reduces the maximum total amount of benefits for an eligible individual for specified benefit years; provides for an employer surcharge; creates a specified fund; alters the procedure for determining if there is a specified state indicator with respect to benefits for weeks of unemployment beginning after a specified date; provides for the fund building rate to offset loss of revenue in the unemployment trust fund; relates to receipts.
03/31/2011           Signed by Governor.
03/31/2011           Public Act No. 1
 
IL H 1490             Saviano (R)
Title:                       Athletic Board Amendments
Status:                   Enacted
Summary:             Amends the Regulatory Sunset Act; creates the State of Illinois Athletic Board; disbands the State Professional Boxing Board; relate to restricted contests, events, professional or amateur contests, permits, confidentiality, license restoration, ticket sales tax and gross receipts payments; creates the Athletics Supervision and Regulation Fund; provides that terms of health and accident insurance coverage must not require the contestant to pay a deductible; limits promoter deductibles; regulates gambling.
07/14/2011           Signed by Governor.
07/14/2011           Public Act No. 119
 
IL H 1560             Sacia (R)
Title:                       Uniform Status of Unclaimed Property Act
Status:                   Enacted
Summary:             Amends the Uniform Status of Unclaimed Property Act; provides that unclaimed wages, payroll, and salary in any form, held or owing by a banking or financial organization, is presumed abandoned after one year; provides that unclaimed wages, payroll, and salary in any form shall be reported after remaining unclaimed for one year.
08/08/2011           Signed by Governor.
08/08/2011           Public Act No. 270
 
IL H 2095             Hammond (R)
Title:                       Service Members Employment Tenure Act
Status:                   Enacted
Summary:             Amends the Service Member's Employment Tenure Act; makes an employer's knowing violation of the Service Member's Employment Tenure Act a Class A misdemeanor; grants the circuit courts, upon the filing of a complaint by a qualified person, the power to require an employer to comply with the Act's requirements and to compensate the complainant for any loss of wages or benefits and for reasonable attorney's fees and costs.
08/26/2011           Signed by Governor.
08/26/2011           Public Act No. 580
 
IL H 3237             Phelps (D)
Title:                       Prevailing Wage Act
Status:                   Enacted
Summary:             Amends the Prevailing Wage Act; provides that contractors and subcontractors participating in public works shall keep records for a specified time period from the date of the last payment on a contract or subcontract; provides that such contractors and subcontractors shall file a certified payroll for certain months; changes several criminal penalties within the Act; provides that certain contractors or subcontractors may be subject to debarment.
08/25/2011           Signed by Governor.
08/25/2011           Public Act No. 571
 
IL S 72                   Link (D)
Title:                       Unemployment Insurance
Status:                   Enacted
Summary:             Amends the Public Employment Office Act, the Unemployment Insurance Trust Fund Financing Act, and the Unemployment Insurance Act; makes various changes and additions concerning employment offices, certain reports, bonds, wages, benefit amounts, a Social Security Retirement Pay Task Force, the state experience factor, employer contribution rates, surcharges, disclosure of information, fees, withholding, payments in lieu of contributions, penalties and interest, and other matters.
11/18/2011           To Governor.
11/18/2011           Signed by Governor.
11/18/2011           Public Act No. 621
 
IL S 1342              Lightford (D)
Title:                       Hospital Licensing Act
Status:                   Enacted
Summary:             Amends the Hospital Licensing Act; provides that a copy of the written staffing plan for nursing care services shall be provided to any member of the general public upon request.
08/16/2011           Signed by Governor.
08/16/2011           Public Act No. 423
 
INDIANA
IN H 1216             Davis (R)
Title:                       Public Works Projects
Status:                   Enacted
Summary:             Relates to public works projects; raises the threshold for the application of the common construction wage statute; provides that a public works project may not be artificially divided to avoid application of the common construction wage statute; urges the legislative council to study the use of an agreement with a labor organization on public works projects covered by a public works statute and job classifications used in a common construction wage determination; provides for a study committee.
05/12/2011           Public Law No. 195-2011
 
IN H 1450             Leonard (R)
Title:                       Unemployment Insurance
Status:                   Enacted
Summary:             Relates to unemployment insurance; provides that an individual employed for any week on an on-call basis and who receives remuneration or has available work from an on-call employer is not totally or partially unemployed for receiving an unemployment benefit; removes the cap on wage credits; establishes the weekly unemployment insurance benefit amount and the maximum weekly benefit amount; provides for an annual employer surcharge; provides for personal income tax withholding.
02/24/2011           Public Law No. 2-2011
 
IOWA
IA S 512                Senate Appropriations Committee
Title:                       Internal Revenue Code Decoupling
Status:                   Enacted
Summary:             Relates to public funding matters by updating the code references to the Internal Revenue Code relating to the individual income tax credit for sales and use taxes, business research credits, business depreciation, and by decoupling from certain federal individual bonus depreciation provisions; authorizes appropriations transfers.
04/12/2011           Line Item Vetoed by Governor.
 
KANSAS
KS H 2135            House Commerce and Economic Development Committee
Title:                       Employee Misclassification for Tax Avoidance
Status:                   Enacted
Summary:             Prohibits to misclassification of employees to avoid tax withholding; relates to contributions and reporting requirements; provides for civil penalties and prosecution for criminal violations; provides for taxpayer information of persons suspected of violations for purposes of determining compliance; provides that such information shall include withholding tax and payroll information; provides for investigations and a duty of confidentiality.
08/10/2011           Chapter No. 2011-81
 
KENTUCKY
KY H 339             Horlander (D)
Title:                       Unemployment Compensation
Status:                   Enacted
Summary:             Prevents a worker from receiving unemployment benefits in successive benefit years unless the worker has returned to work and earned 5 times his weekly benefit rate received in the prior benefit year.
04/01/2011           Act No. 30
 
LOUISIANA
LA H 137              Cortez (R)
Title:                       Insurance Agents
Status:                   Enacted
Summary:             Provides that an insurance producer and a property and casualty insurer or commercial policyholder may negotiate commissions or fees to compensate the insurance producer for the placement of commercial property and casualty insurance coverages if the commercial insurance policyholder has total premiums in excess of a certain amount, obtains coverage in a specified amount or more for workers' compensation, general liability, or automobile insurance, is a governmental entity, and meets certain other criteria.
06/07/2011           Signed by Governor.
06/08/2011           Act No. 9
 
LA H 303              Ponti (R)
Title:                       Employment of Minors
Status:                   Enacted
Summary:             Relates to the employment of minors; provides for limitations in the employment of minors as well as technical changes and alterations to update terms and bring employment law in line with federal laws as it relates to minors; relates to minors employed in the performing arts, including theatrical arts and motion picture or television productions, proof of age, delivery of employment certificates to employers, meal breaks, documentation of such breaks, and allowable hours when school is in session.
06/24/2011           Signed by Governor.
06/27/2011           Act No. 177
 
LA S 64                 Cheek (R)
Title:                       Health Care
Status:                   Enacted
Summary:             Repeals the requirement of performing a minimum of 90 days or 720 hours of certified nurse aide duties in one nursing facility within a 120 day period each year which must be satisfied in order to maintain state certification as a certified nurse aide and requires the confirmation of the completed hours at least every two years.
06/24/2011           Signed by Governor.
06/24/2011           Act No. 132
 
LA S 76                 Martiny (R)
Title:                       Public Contracts
Status:                   Enacted
Summary:             Prohibits public entities from requiring certain agreements related to labor organizations as a condition of bidding on projects and to pay predetermined prevailing wages; allows any interested party to challenge any bid specification, project agreement, neutrality agreement, controlling document, grant, or cooperative agreement on certain grounds and provides injunctive relief; provides exemptions.
06/24/2011           Signed by Governor.
06/24/2011           Act No. 134
 
MAINE
ME H 222             Russell (D)
Title:                       Unemployment Insurance Work Sharing Program
Status:                   Enacted
Summary:             Creates a unemployment insurance worksharing program that provides an alternative to layoffs during a temporary slowdown in business; provides that under a work-sharing plan, an employer elects to avoid layoffs by reducing the number of regularly scheduled hours of work for all workers in a specific unit or department or the business as a whole; states that unemployment insurance benefits for the reduced hours of work are then payable as a proportion of the benefit amount for a full week of unemployment.
05/18/2011           Became law without Governor’s signature.
05/18/2011           Public Law No. 2011-91
 
ME H 829             Fredette (R)
Title:                       Seasonal Worker Hiring
Status:                   Enacted
Summary:             Requires the Commissioner of Labor to convene a stakeholder group to determine the most appropriate amount of time an employer may employ an employee without being subject to unemployment compensation requirements.
06/15/2011           Signed by Governor.
06/15/2011           Resolve No. 2011-85
 
ME H 1007           Curtis (R)
Title:                       Payroll Processor License Fees
Status:                   Enacted
Summary:             Relates to payroll processor licensing fees; limits the new licensing fee category to those payroll processors whose functions consist solely of filing withholding reports on behalf of clients, but retains the bill's reduced $100 fee for those processors; makes several technical changes to improve supervision and employer protections.
06/13/2011           Signed by Governor.
06/13/2011           Public Law No. 2011-308
 
ME S 57                Langley (R)
Title:                       Service Employee Tip and Payment Laws
Status:                   Enacted
Summary:             Relates to tips used in payment of service employees; provides that the term tip does not include a service charge added to a customer's bill in a banquet or private club setting by agreement between the customer and an employer; makes changes concerning the treatment of tips that are pooled and split among service employees; requires an employer in a banquet or private club setting that adds a service charge to notify the customer that such charge does not represent a tip for service employees.
05/23/2011           Public Law No. 2011-118
 
ME S 149              Plowman (R)
Title:                       Minors and Employment Practices
Status:                   Enacted
Summary:             Extends the hours a student may work when school is in session; removes language pertaining to authorized school closures and hours of employment; changes the hour to which a student may work on a day preceding a scheduled school day.
05/12/2011           In Senate. Senate Amendment C to Committee Amendment A adopted.
05/12/2011           In Senate. Engrossed as amended by Committee Amendment A as amended by Senate Amendment C.
05/19/2011           In House. Engrossed as amended by Committee Amendment A as amended by Senate Amendment C.
05/31/2011           Public Law No. 2011-174
 
ME S 211              Thomas D (R)
Title:                       Trucking Violations and Fines
Status:                   Enacted
Summary:             Provides that the maximum fine for a violation of a state rule that adopts by reference the Federal Motor Carrier Safety Administration regulations and that does not meet the definition of an outofservice order is $250 and that meets the definition of an out-of-service order is $500; provides that an outofservice order means a declaration by a law enforcement officer that a driver, a commercial motor vehicle or a motor carrier operation is out of service.
06/03/2011           Signed by Governor.
06/03/2011           Public Law No. 2011-219
 
MARYLAND
MD H 298             Pena-Melnyk (D)
Title:                       Employee Wages
Status:                   Enacted
Summary:             Establishes that an agreement between an employer and employee for the employee to work for less than the wage required under law to be paid to the employee is void.
04/12/2011           Signed by Governor.
04/12/2011           Chapter No. 118
 
MD H 1130          Hucker (D)
Title:                       Adverse Actions of Employers
Status:                   Enacted
Summary:             Prohibits an employer from taking adverse action against an employee who makes a complaint, brings an action, or testifies in an action under the Maryland Wage and Hour Law; specifies that the adverse action prohibited includes discharge, demotion, threat of discharge or demotion, and other specified retaliatory actions; prohibits the conviction of an employer without specified evidence.
05/19/2011           Signed by Governor.
05/19/2011           Chapter No. 495
 
MD S 132              Pugh (D)
Title:                       Credit Report Use by Employers
Status:                   Enacted
Summary:             Prohibits specified employers from using an applicant's or employee's credit report or credit history in determining whether to deny employment to the applicant, discharge the employee, or determine compensation or the terms or conditions of employment; authorizes an employer to request or use an applicant's or employee's credit report or credit history for susbstantially job-related purposes; authorizes an applicant or employee to bring a civil action for a violation.
04/12/2011           Signed by Governor.
04/12/2011           Chapter No. 28
 
MD S 551              Kelley (D)
Title:                       Wage and Hour Law
Status:                   Enacted
Summary:             Prohibits an employer from taking adverse action against an employee who makes a complaint, brings an action, or testifies in an action under the Wage and Hour Law; specifies that the adverse actions prohibited includes discharge, demotion, threat of discharge or demotion, and other retaliatory actions; prohibits the conviction of an employer without evidence that demonstrates that the employer had knowledge of the relevant complaint, testimony, or action for which the prosecution for retaliation is sought.
05/19/2011           Signed by Governor.
05/19/2011           Chapter No. 494
 
MD S 695              Pinsky (D)
Title:                       Higher Education
Status:                   Enacted
Summary:             Distinguishes between public, private nonprofit, and for-profit institutions of higher education; prohibits a person from engaging in unfair or deceptive practices in the offer for sale of specified educational services; authorizes the Higher Education Commission to create certain guaranty funds; requires for-profit institutions of higher education to pay a fee into fund; prohibits certain institutions of higher education from paying financial or other incentives based on admissions.
05/10/2011           Signed by Governor.
05/10/2011           Chapter No. 277
 
MICHIGAN
MI H 4732            Stamas J (R)
Title:                       Youth Employment Standards
Status:                   Enacted
Summary:             Amends the Youth Employment Standards Act; revises the provisions governing the number of hours an employer can employ a minor 16 years of age or older.
10/17/2011           Signed by Governor.
10/18/2011           Public Act No. 197
 
MI S 24                 Schuitmaker (R)
Title:                       Payment of Commissions
Status:                   Enacted
Summary:             Permits the revocation of the license of a premium finance company under certain circumstances; amends the related appeal procedures; provides that a premium finance company that is majority owned by insurance producers may remunerate any of its insurance producer owners; provides these provisions do not apply to a premium finance company that is involved in any manner in financing life insurance or annuity policies or contracts.
07/12/2011           Signed by Governor.
07/12/2011           Public Act No. 75
 
MINNESOTA
MN H 786             Davids (R)
Title:                       Charitable Organization Financial Statements
Status:                   Enacted
Summary:             Relates to state government; modifies certain financial statement requirements for charitable organizations; relates to reporting of the compensation and the value of fringe benefits of directors, officers, and employees.
05/18/2011           Signed by Governor.
05/18/2011           Filed with Secretary of State. Chapter No. 25
 
MN S 488              Daley (R)
Title:                       Employment
Status:                   Enacted
Summary:             Relates to employment; modifies overtime requirements for certain air carrier employees; provides that specified overtime requirements do not apply when the hours worked by an employee in excess of 48 in a workweek are not required by the carrier, but are arranged through a voluntary agreement among employees to trade scheduled work hours.
04/07/2011           Signed by Governor.
04/07/2011           Filed with Secretary of State. Chapter No. 11
 
MN S 1280           Thompson (R)
Title:                       Gratuities and Disbursement
Status:                   Enacted
Summary:             Relates to employment; provides notice of sharing of gratuities; authorizes employers to safeguard and disburse shared gratuities; requires reporting of the amounts received for tax purposes; provides that upon the request of employees, e an employer may safeguard gratuities to be shared by employees and may disburse shared gratuities to employees participating in the agreement.
05/27/2011           Signed by Governor.
05/27/2011           Filed with Secretary of State. Chapter No. 105
 
MISSOURI
MO S 36                Lembke (R)
Title:                       Civil Air Patrol
Status:                   Enacted
Summary:             Allows employees of employers with a specified amount of employees to take a leave of absence to perform civil air patrol emergency service duty or counter narcotics missions; provides that the employees will not lose time, leave, or any other rights or benefits as result of the leave of absence; provides that the employer is not required to pay a salary to the employee during this period of leave and has a right to request that the employee be exempted from responding to a specified mission.
07/01/2011           Signed by Governor.
 
MONTANA
MT H 84               Boland (D)
Title:                       Wage Collection Fund
Status:                   Enacted
Summary:             Revises the labor law; provides that the definition of an employee does not include an independent contractor with respect to general obligations of employers; provides that the deposit of wages into the wage collection fund by the Commissioner of Labor is discretionary rather than mandatory; updates the reference to federal law with respect to the definition of a person in an outside sales capacity.
03/16/2011           Chaptered. Chapter No. 12
 
MT H 300             Flynn (R)
Title:                       Eight Hour Workdays
Status:                   Enacted
Summary:             Revises labor laws; provides that the workday for underground miners, smelter workers, and employees at strip mines, cement plants, and quarries may not exceed 8 hours a day unless the employer and employee agree to a workday of more than 8 hours through a collective bargaining agreement or by mutual agreement.
04/18/2011           Signed by Governor.
04/18/2011           Chaptered. Chapter No. 212
 
MT H 577             Stahl (R)
Title:                       Tip Income
Status:                   Vetoed
Summary:             Eliminates tips and gratuities from the definition of wages under workers' compensation law in order to reduce employer contributions to the workers' compensation program.
05/10/2011           Vetoed by Governor.
 
MT S 46                Tropila M (D)
Title:                       Extradition Payments
Status:                   Enacted
Summary:             Clarifies travel expense payments to contracted agents returning fugitives in extradition proceedings.
03/23/2011           Chaptered. Chapter No. 39
 
MT S 294              Buttrey (R)
Title:                       Workforce Training Grant Program
Status:                   Enacted
Summary:             Provides for funding of entry-level employees under the Primary Section Business Workforce Training Act by requiring that to be eligible for funding, new jobs created must provide an average weekly salary using a specified formula; provides alternative criteria for wages for new jobs.
05/06/2011           Signed by Governor.
05/06/2011           Chaptered. Chapter No. 348
 
NEVADA
NV S 328               Horsford (D)
Title:                       Payment and Wage Collection
Status:                   Enacted
Summary:             Relates to employer compensation for overtime work; revises the definition of professional to include creative professionals who are not employees of a contractor within the kinds of employees who are exempt from the overtime requirement.
06/01/2011           Signed by Governor.
06/01/2011           Chaptered. Chapter No. 193
 
NEW HAMPSHIRE
NH H 133             McGuire C (R)
Title:                       Minimum Wage
Status:                   Enacted
Summary:             Relates to the minimum wage; amends existing law to remove specified hourly rates for the state minimum wage which were effective on specified dates; leaves the minimum wage law to state that no person, firm, or corporation shall employee any employee at an hourly rate lower that that set forth in the federal minimum wag law; leaves in effect the provisions regarding tipped employees of a restaurant, hotel, motel, inn, or cabin.
06/22/2011           Governor’s veto overridden by Senate.
06/22/2011           Governor’s veto overridden by House.
06/22/2011           Chapter No. 204.
 
NH H 647             Daniels G (R)
Title:                       Withholding of Wages
Status:                   Enacted
Summary:             Relates to withholding of wages; adds a category to the amounts that may be withheld from wages; provides that for any purpose on which employer and employee agree that does not grant financial advantage to the employer, when the employee has given his or her written authorization and deductions are duly recorded; provides that withholding shall not be used to offset payments intended for purchasing items required in the ordinary performance of the employee's job.
06/07/2011           Signed by Governor.
06/07/2011           Chapter No. 140.
 
NH S 86                 Luther J (R)
Title:                       Department of Labor Violations
Status:                   Enacted
Summary:             Requires the Department of Labor to issue one warning to employers of certain violations prior to imposing a civil penalty; provides that no warning has to be issued if the employer intends to cause harm, the violation poses a threat to public safety, or the violation involves failure to pay correct wages, failure to comply with regulations regarding illegal aliens, or requiring employees to perform illegal activities under threat of job loss, among others.
06/14/2011           Signed by Governor.
06/14/2011           Chapter No. 182.
 
NH S 121              Luther J (R)
Title:                       Worker Adjustment and Retraining Notification Act
Status:                   Enacted
Summary:             Relates to the application of the Worker Adjustment and Retraining Notification Act; modifies the definition of employer for the purposes of notification under this act to include those with one hundred or more employees, excluding part-time employees, or one hundred or more employees who in the aggregate work at least 3,000 hours per week, excluding overtime hours.
06/07/2011           Signed by Governor.
06/07/2011           Chapter No. 146.
 
NH S 125              Bradley (R)
Title:                       Business Profits Tax Deduction
Status:                   Enacted
Summary:             Requires the department to bear the burden of proof with respect to the business profits tax deduction for reasonable compensation attributable to owners of partnerships, limited liability companies, and sole proprietorships; provides that excess compensation determined by audit is not considered a dividend; requires the keeping of taxpayer records as may be necessary to determine the amount of its liability and to determine whether the compensation claimed as a deduction is reasonable.
06/25/2011           Became law without Governor’s signature.
06/25/2011           Chapter No. 207.
 
NEW JERSEY
NJ S 2443              Vitale (D)
Title:                       Medicaid Account Care Organization
Status:                   Enacted
Summary:             Establishes a Medicaid Accountable Care Organization Demonstration Project in the Department of Human Services; provides that participants in the demonstration project would be nonprofit corporations organized and operated for the primary purpose of improving the quality and efficiency of care provided to Medicaid recipients residing in a designated area; provides that a Medicaid ACO may receive and distribute gainsharing or cost savings payments in accordance with a gainsharing plan.
08/18/2011           Signed by Governor.
08/18/2011           Chapter No. 2011-114
 
NEW YORK
NY A 7630            Wright (D)
Title:                       Validity of Child Performer Work Permits
Status:                   Enacted
Summary:             Extends the validity of child performer work permits from six months to one year.
07/20/2011           Signed by Governor.
07/20/2011           Chapter No. 172
 
NORTH CAROLINA
NC H 174              McCormick (R)
Title:                       Commercial Real Estate Broker Lien Act
Status:                   Enacted
Summary:             Enacts the commercial real estate broker lien act; provides that a broker shall have a lien upon commercial real estate in the amount that the broker is due under a written agreement for broker services signed by the owner or authorized agent if the broker has performed under the provisions of the agreement, the agreement for broker services sets forth the broker's duties and the agreement for services sets forth the conditions upon which the compensation shall be earned and the amount of such compensation.
06/17/2011           Signed by Governor.
06/17/2011           Session Law Number 2011-165
 
NORTH DAKOTA
ND H 1423           Kreidt (R)
Title:                       Management Compensation
Status:                   Enacted
Summary:             Relates to compensation for top management personnel of a basic care facility; provides that the Department of Human Services has the authority to create emergency rules relating to compensation for top management personnel of a basic care facility combined with a hospital.
07/07/2011           Chapter Number 367
 
ND S 2100            Senate Government and Veterans Affairs Committee
Title:                       Electricians
Status:                   Enacted
Summary:             Relates to the compensation of members of the State Electrical Board; provides for an increase in the required amount of liability insurance requirements for master electricians and class B electricians.
07/07/2011           Chapter Number 307
 
ND S 2138            Hogue (R)
Title:                       Employer's Payment of Accrued Time Off
Status:                   Enacted
Summary:             Relates to an employer's payment for accrued paid time off; provides that an employer may withhold payments to employees who separate from employment voluntarily.
07/07/2011           Chapter Number 249
 
OKLAHOMA
OK H 1533           Blackwell (R)
Title:                       Public Finance
Status:                   Vetoed
Summary:             Relates to public finance; relates to voluntary payroll deductions; modifies date related to certain eligible statewide associations; declares an emergency.
05/10/2011           Vetoed by Governor.
 
OK S 154              Mazzei (R)
Title:                       Quality Jobs Program Act
Status:                   Enacted
Summary:             Relates to the Quality Jobs Program Act; amends a section of the act that relates to quarterly incentive payments; revises the provision within which an establishment may be ineligible for further incentive payments.
05/25/2011           Chapter No. 341
 
OREGON
OR H 2039           Roblan (D)
Title:                       Bureau of Labor and Industries
Status:                   Enacted
Summary:             Subjects employer that issues dishonored check for payment of wages to statutory damages and attorney fees; creates exception; authorizes Commissioner of Bureau of Labor and Industries to impose penalty for issuance of dishonored check in payment of wages; requires penalties collected to be paid to employee.
06/07/2011           Chaptered. Chapter No. 238
 
OR H 2040           Roblan (D)
Title:                       Bureau of Labor and Industries
Status:                   Enacted
Summary:             Removes firefighters from and adds boiler operators to types of employees exempt from provision limiting maximum working hours for certain industries; requires inclusion of certain information in written notice of nonpayment; modifies length of time unclaimed wages collected by Bureau of Labor and Industries must be held before wages are forfeited to state; makes certain legal summaries available to employers from website of bureau or from bureau upon request.
06/16/2011           Chaptered. Chapter No. 348
 
OR H 2682           Roblan (D)
Title:                       Wage Exemption
Status:                   Enacted
Summary:             Increases minimum wage exemption for purposes of garnishment and other execution.
06/02/2011           Signed by Governor.
06/02/2011           Chaptered. Chapter No. 228
 
OR H 3030           Garrett (D)
Title:                       Volunteer Golf Course Marshals
Status:                   Enacted
Summary:             Exempts certain individuals providing volunteer golf course marshal services from minimum wage standards.
06/16/2011           Chaptered. Chapter No. 376
 
OR S 178               Courtney (D)
Title:                       Public Works Contracts Prevailing Wage Rate
Status:                   Enacted
Summary:             Removes the requirement for the Commissioner of the Bureau of Labor and Industries to compare the state and federal prevailing rates of wage and make the results of the comparison available when the commissioner determines the state prevailing rate of wage; requires a public agency to require in the specifications and contracts for public works the requirement that the contractor and subcontractor pay the higher of the applicable state or federal prevailing rate of wage.
06/07/2011           Chaptered. Chapter No. 265
 
PENNSYLVANIA
PA S 1030             Gordner (R)
Title:                       Unemployment Compensation Law
Status:                   Enacted
Summary:             Amends the Unemployment Compensation Law; provides for relief to employers from charges for compensation and for establishment and maintenance of employer's reserve accounts; provides for automatic relief from charges; provides qualifications for secure compensation, appeals, for rate and amount of compensation and rules of procedure; provides for shared-work program and for applicability; provides for a credit week, severance pay, payments in lieu of compensation, natural disasters and willful misconduct.
06/17/2011           Signed by Governor.
06/20/2011           Act No. 2011-6
 
PUERTO RICO
PR S 1703             Rivera Schatz (PNP)
Title:                       Railroad Workers
Status:                   Enacted
Summary:             Repeals the March 12, 1908 which regulates the working hours of railroad workers employed and establishes penalties for violations.
04/01/2011           To Governor.
04/08/2011           Signed by Governor.
04/08/2011           Law Number 54-2011
 
RHODE ISLAND
RI H 5184             Serpa (D)
Title:                       Employee Wage Frequency
Status:                   Enacted
Summary:             Provides that an employer may be permitted to pay its employees less frequently than weekly, provided the employer is in the financial services or investment advisory business and meets certain other criteria.
07/13/2011           Signed by Governor.
07/13/2011           Public Law No. 2011-372
 
RI H 5936             Ucci (D)
Title:                       Public Works Contract Requirements
Status:                   Enacted
Summary:             Requires every contractor and subcontractor awarded a contract for public works to furnish a certified copy of his or her payroll records of his or her employees employed on the project to the awarding authority on a monthly basis for all work completed in the preceding month on a uniform form prescribed by the director of labor and training within 10 days of a request; provides for civil penalties for noncompliance.
07/13/2011           Signed by Governor.
07/13/2011           Public Law No. 2011-396
 
RI S 34                  Tassoni (D)
Title:                       Financial Services and Investment Advisory Businesses
Status:                   Enacted
Summary:             Allows an employer to pay its employees less frequently than weekly, provided the employer is in the financial services or investment advisory business and meets certain other criteria.
07/13/2011           Signed by Governor.
07/13/2011           Public Law No. 2011-340
 
RI S 790                Metts (D)
Title:                       Labor and Labor Relations
Status:                   Enacted
Summary:             Transfers many of the powers, duties and responsibilities from the apprenticeship council to the Department of Labor and Training; changes the state standards for apprenticeship programs to satisfy federal laws and regulations; allows a time-based, competency-based or hybrid approach for progression through an apprenticeship.
06/30/2011           Signed by Governor.
06/30/2011           Public Law No. 2011-179
 
SOUTH DAKOTA
SD H 1148            Verchio (R)
Title:                       Minimum Wage Law
Status:                   Enacted
Summary:             Revises the minimum wage law for certain seasonal employees employed by an amusement or recreational establishment, an organized camp, or a religious nonprofit education conference center if certain conditions are met.
06/30/2011           Session Law. Chapter No. 224
 
TENNESSEE
TN H 636              Cobb J (R)
Title:                       Sunset Laws
Status:                   Enacted
Summary:             Relates to sunset laws; extends the Prevailing Wage Commission.
04/12/2011           Public Chaptered. Chapter No. 62
 
TN H 1498            McDaniel (R)
Title:                       Freedom in Contracting Act
Status:                   Enacted
Summary:             Relates to Public Contracts; enacts the Freedom in Contracting Act which prohibits public agencies from imposing certain labor agreement and wage requirements as a condition of performing public works that are state funded in part or in whole.
05/23/2011           Public Chaptered. Chapter No. 233
 
TN H 1819            Lundberg (R)
Title:                       Salaries and Benefits
Status:                   Enacted
Summary:             Relates to Salaries and Benefits; allows an employer to offset an employee's wages if the employee owes the employer money that the employer loaned or advanced the employee; provides the procedures for the contesting of the amount owed by the employee.
05/26/2011           Public Chaptered. Chapter No. 273
 
TEXAS
TX H 14                Murphy (R)
Title:                       Unemployment Benefits Qualification
Status:                   Enacted
Summary:             Provides that an individual is disqualified for unemployment benefits for a benefit period for which the individual is receiving or has received remuneration in the form of severance pay; defines severance pay as dismissal or separation income paid on termination of employment in addition to the employee's usual earnings from the employer at the time of termination.
07/27/2011           Filed with Secretary of State. Chapter No. 212
 
TX H 457              Craddick (R)
Title:                       Charitable Raffles
Status:                   Enacted
Summary:             Relates to restrictions on the promotion and operation of charitable raffles; provides that a raffle may be promoted or advertised on an organization's Internet website or through a publication or solicitation, including a newsletter, social media, or electronic mail, provided only to previously identified supporters of the organization; modifies restrictions on compensating a person for organizing or conducting a raffle.
07/27/2011           Filed with Secretary of State. Chapter No. 124
 
TX S 1024             Rodriguez J (D)
Title:                       Theft Of Service Offense Prosecution
Status:                   Enacted
Summary:             Relates to the prosecution of the offense of theft of service; provides that if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period and the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service.
07/27/2011           Filed with Secretary of State. Chapter No. 141
 
UTAH
UT S 35                 Mayne K (D)
Title:                       Construction Licensees Related Amendments
Status:                   Enacted
Summary:             Relates to constructions licensees that are unincorporated entities; amends provisions related to wages, workers' compensation, antidiscrimination, and occupational safety and health; addresses workers' compensation fraud; modifies contractor license requirements; addresses the demonstration of financial responsibility; relates to unprofessional or unlawful conduct; addresses lawful presence in the United States; imposes workers' compensation and unemployment coverage requirements on certain licensees.
03/31/2011           Chaptered. Chapter No. 413.
 
VIRGINIA
VA H 535              Nixon (R)
Title:                       Unemployment Benefits
Status:                   Enacted
Summary:             Postpones the scheduled increase in the minimum amount of wages an employee must have earned in the two highest earnings quarters of his base period in order to be eligible for unemployment benefits.
04/11/2010           Signed by Governor.
04/11/2010           Acts of Assembly. Chapter No. 412.
 
VA H 555              Marshall D (R)
Title:                       Enterprise Zone Grant Program
Status:                   Enacted
Summary:             Changes the eligibility for enterprise zone job grants in areas with an unemployment rate that is one and one-half times or more than the state average to positions paying a specified percent of the federal minimum wage including health benefits; provides that when the sum of grants for job creation and real property investment exceeds the total annual appropriation for payments, allocations shall be prioritized to fully fund the grants for job creation.
04/10/2010           Signed by Governor.
04/10/2010           Acts of Assembly. Chapter No. 328
 
VA H 943              Landes (R)
Title:                       Small Business Jobs Grant Fund
Status:                   Enacted
Summary:             Establishes the Small Business Jobs Grant Program and Fund; provides grants to small businesses that create new full-time positions within a specified time paying the prevailing wage in the locality in which the business is located; provides that grants will range in amount per new full-time position based on the education, training and experience required; provides for priority to small businesses creating new full-time positions in areas with a specified unemployment rate.
04/10/2010           Signed by Governor.
04/10/2010           Acts of Assembly. Chapter No. 336
 
VA S 553               Barker (D)
Title:                       Increased Transit Use Strategies
Status:                   Enacted
Summary:             Relates to increase transit use strategies; requires the Secretary of Transportation to make an annual report to the General Assembly on actions taken to promote transit use, reduce highway congestion and use of single occupant vehicles through programs and initiatives involving transportation demand management, transit use, telecommuting, carpooling, construction of commuter parking facilities, use of flexible work hours and use of telecommunications technology.
04/13/2010           Signed by Governor.
04/13/2010           Acts of Assembly. Chapter No. 733
 
VA S 1010            Watkins (R)
Title:                       Unemployment Benefits
Status:                   Enacted
Summary:             Postpones the scheduled increase, from $2,700 to $3,000, in the minimum amount of wages an employee must have earned in the two highest earnings quarters of the base period in order to be eligible for unemployment benefits; provides that the increase will apply to claims filed on or after July 1, 2012; provides that it is currently scheduled to apply to claims filed on or after July 3, 2011.
03/01/2011           Signed by Governor.
03/01/2011           Acts of Assembly. Chapter No. 16.
 
VA SJR 345          Puckett (D)
Title:                       Misclassification of Employees as Independent Contract
Status:                   Adopted
Summary:             Requests the Department of Labor and Industry, with the technical assistance of the Board for Contractors within the Department of Professional and Occupational Regulation, to study the misclassification of employees as independent contractors in the Commonwealth; provides that in conducting the study, the Department shall review the status of employee misclassification in the state, review the consequences of misclassification to the workforce, determine the amount of lost revenue to the state and local.
02/23/2011           Senate concurred in House substitute.
 
WASHINGTON
WA H 1636          Upthegrove (D)
Title:                       Services Performed by Amateur Sports Officials
Status:                   Enacted
Summary:             Concerns services performed by amateur sports officials; provides that services performed by amateur sports officials, on a contest-by-contest basis, for interscholastic and youth or adult recreational sports contests are not considered employment for a services referral agency if the agency is not responsible for payment to the amateur sports officials unless and until the agency is paid or reimbursed by a third party.
05/05/2011           Chapter No. 264
 
WA S 5070           Conway (D)
Title:                       Prevailing Wage Investigations
Status:                   Enacted
Summary:             Regards records; relates to requests relating to prevailing wage investigations; provides that any employer, contractor, or subcontractor who fails to provide requested records in an investigation by the Department of Labor may not use the records in any proceeding under this chapter to challenge the correctness of any determination by the department that wages are owed, that a record or statement is false, or that the employer, contractor, or subcontractor has failed to file a record or statement.
04/15/2011           Chapter No. 92
 
WA S 5083           Ranker (D)
Title:                       Business and Occupation Tax for Real Estate Firms
Status:                   Enacted
Summary:             Requires that any real estate firm who receives a commission at the time of closing on a real estate transaction must pay the business and occupations tax only upon their respective shares of the commission.
05/12/2011           Chapter No. 322
 
WA S 5538           White S (D)
Title:                       Members of Nonprofit Conservation Corps Programs
Status:                   Enacted
Summary:             Provides that participants in a conservation corps program offered by a nonprofit organization are exempt from provisions of law relating to rates of compensation while performing environmental and trail maintenance work; provides that the nonprofit organization must be affiliated with a national service organization that meets specified requirements.
04/13/2011           Chapter No. 56
 
WA H 2123 a       Green (D)
Title:                       Workers Compensation System
Status:                   Enacted
Summary:             Relates to workers' compensation; authorizes reimbursement to employers of a a certain portion of an injured worker's wages; provides that an employer's experience rating shall not be affected by such reimbursement; requires the creation of a Stay-At-Work Account to be funded by certain assessments on employers; makes changes relating to benefit amounts, claim resolution structured settlements, permanent partial disability compensation, funding for workplace safety and health investment projects, and fraud.
06/15/2011           1st Special Session Chapter No. 37.
 
WEST VIRGINIA
WV H 3134          Brown (D)
Title:                       Child Support Enforcement
Status:                   Enacted
Summary:             Relates to child support enforcement; lowers the accrued interest rate; requires employers to provide income-related information to the Bureau of Child Support Enforcement; provides that if it is determined that an employee owes and arrearage, an income withholding order shall be issued.
05/04/2011           Act No. 20
 
WISCONSIN
WI S 151               Cowles (R)
Title:                       Opportunities to Win Prizes
Status:                   To Governor
Summary:             Relates to opportunities to win prizes that are received by employees as compensation from employers; relates to an employee referring a potential customer to the employee's employer to purchase goods or services from the employer, or identifying for the employer a person who may purchase goods or services from the employer, regardless of whether the employee who makes the referral or identification is compensated in any manner for the referral or identification.
11/09/2011           Ordered Enrolled.
12/07/2011           Signed by Governor.
12/12/2011           Public Act 109.
 
WYOMING
WY H 111             Joint Interim Committee on Minerals, Business & Economic Development
Title:                       Public Works and Contracts
Status:                   Enacted
Summary:             Relates to public works and contracts; amends definitions; modifies limitations on subcontracting; grants rulemaking authority; requires investigations; provides for misdemeanor penalties and modifying penalty amounts for the falsification of information, the failure to use laborers residing in the state and work, and work hours violations; provides conforming amendments.
03/02/2011           Signed by Governor.
03/03/2011           Chapter No. 82
 
Source: StateNet year end search, 11-22-11.