2012 Enacted Wage and Hour Legislation

workersBills related to wage and hour issues were considered in 42 states, the District of Columbia and Puerto Rico during the 2012 legislative session.  
 
Twenty-one states and the District of Columbia enacted laws in 2012 related to wage and hour matters, including overtime pay, minimum wage, payroll deductions, garnishments, employee misclassification, wage and hour violations, prevailing wages, child wages, and recordkeeping requirements. Below are summaries of 2012 enacted legislative bills.



2012 Enacted Wage and Hour Legislation

 
ARIZONA
AZ H 2519        Fann (R)
Title:                   Unemployment Insurance and Omnibus
Summary:         Provides an omnibus; relates to payment of wages of a discharged employee, employer contributions, work search contacts, wages, prohibited disqualification for a victim of domestic violence, suitable work, drug tests and charter school services.
04/03/2012       Signed by Governor. Chapter No. 162
 
AZ H 2601        Mesnard (R)
Title:                   Wage Claims
Summary:         Provides that an employee may file a written claim for unpaid wages against an employer if the amount of such wages does not exceed a specified amount and if such claim is filed within a specified time of the accrual of such claim.
04/10/2012       Signed by Governor. Chapter No. 227
 
AZ S 1054         Nelson (R)
Title:                   Underground Mine Work Hours
Summary:         Increases the allowable hours worked within a specified time period for persons employed or engaged in mining activities in underground mines for mine employees and hoisting engineers.
03/21/2012       Signed by Governor. Chapter No. 62
 
CALIFORNIA
CA A 861          Hill (D)
Title:                   Gas and Electrical Corporation Executive Compensation
Summary:         Provides the maximum criminal fine for members and staff of the Public Utilities Commission for any violation under the Public Utilities Act. Increases the maximum financial penalty for utility employees who violate the act. Requires the commission to determine the appropriate ratemaking treatment for incentive compensation paid to officers or employees of an electrical or gas corporation for incentive compensation linked to the stock price or financial performance of the corporation.
09/23/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 464
 
CA A 889          Ammiano (D)
Title:                   Domestic Work Employees
Summary:         Relates to existing law that regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, and provides exceptions. Requires the Department of Industrial Relations to adopt regulations governing the working conditions of domestic work employees.
09/30/2012       Vetoed by Governor.
 
CA A 1598        Buchanan (D)
Title:                   Public Contracts: Public Works: Installation
Summary:         Amends existing law defining public works regarding the payment of prevailing wages. Modifies the definition of installation to include the assembly and disassembly of freestanding and affixed modular office systems.
09/30/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 810
 
CA A 1744        Lowenthal B (D)
Title:                   Employee Compensation: Itemized Statements
Summary:         Requires that a certain itemized statement to an employee from an employer, if the employer is a temporary service employer, include the rate of pay and the total hours worked for each assignment. Provides an exception. Requires the notice provided by a temporary service employer to include specified business information and any other information the Labor Commissioner deems material and necessary.
09/30/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 844
 
CA A 1775        Wieckowski (D)
Title:                   Wage Garnishment: Exempt Earnings
Summary:         Defines disposable earning. Prohibits from the amount of an individual judgment debtor's weekly disposable earnings subject to levy under an earnings withholding order from exceeding a specified percentage of the individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable, unless an exception applies. Relates to requirements for earnings periods other than weekly.
09/23/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 474
 
CA A 1794        Williams (D)
Title:                   Unemployment Insurance: Employer Reporting
Summary:         Authorizes the Employment Development Department to provide the specified new employee information to the Joint Enforcement Strike Force on the Underground Economy, the Contractors' State License Board, and the State Compensation Fund. Requires these agencies to execute a memorandum of understanding regarding the administration and enforcement of reporting and payroll duties relating to contractors.
09/30/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 811
 
CA A 2103        Ammiano (D)
Title:                   Employment: Wages and Hours: Overtime
Summary:         Amends existing law relating to overtime compensation. Provides that the payment of a fixed salary to a nonexempt employee shall be deemed to provide compensation only for the employee's regular, nonovertime hours, notwithstanding any private agreement to the contrary.
09/30/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 820
 
CA A 2675        Swanson (D)
Title:                   Employment Contract Requirements
Summary:         Amends existing law that requires that whenever an employer enters into a contract of employment with an employee for services to be rendered within the state and the contemplated method of payment involves commissions, the contract must be in writing and set forth the method of commissions. Exempts from this requirement, temporary, variable incentive payments that increase, but do not decrease, payment under the written contract.
09/30/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 826
 
CA A 2677        Swanson (D)
Title:                   Public Works: Wages: Employer Payment Contributions
Summary:         Provides that an increased employer payment contribution that results in a lower hourly straight time or overtime wage is not considered to be a violation of the applicable prevailing wage determination so long as specified conditions are met. Provides that an increased employer payment contribution that results in a lower taxable wage is not a violation if specified conditions are met.
09/30/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 827
 
CA S 1234        De Leon (D)
Title:                   Retirement Savings Plans
Summary:         Enacts the State Secure Choice Retirement Savings Trust Act and a related trust. Requires eligible employers to offer a payroll deposit retirement savings arrangement so eligible employees could contribute a portion of their salary or wages to a program account. Allows an employee opt-out. Relates to risk management and investments. Provides a penalty for employers not offering the program. Requires an Internet investments clearinghouse and a vendor registration process.
09/28/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 734
 
CA S 1255        Wright (D)
Title:                   Employee Compensation: Itemized Statements
Summary:         Relates to existing law requiring every employer to furnish each employee an itemized statement showing specified information, including the name of the employee and the last four digits of his or her social security number. Provides that an employee is deemed injury for purpose of a penalty if the employer fails to provide a wage statement or accurate and complete information and the employee cannot promptly and easily determine the amount of gross or net wages paid or other related information.
09/30/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 843
 
CA S 1370        Berryhill T (R)
Title:                   Prevailing Wages: Public Works: Director: Code List
Summary:         Requires the Director of Industrial Relations to post a list of every state code and the language of those sections that relate to the prevailing wage requirements for workers employed on a public work project on the Internet Web site of the Department of Industrial Relations and to update that list.
09/07/2012       Signed by Governor. Chaptered by Secretary of State. Chapter No. 280
 
CONNECTICUT
CT S 237           Joint Committee on Higher Education and Employment Advancement
Title:                   Sharing of Information
Summary:         Concerns the sharing of information between the labor department and institutions of higher education; permits the Labor Department to share wage and employment data with institutions of higher education for purposes of program evaluation.
06/15/2012       Signed by Governor. Public Act No. 12-192
 
DELAWARE
DE H 222          Jaques (D)
Title:                   Workplace Fraud Act
Summary:         Requires that the Department of Labor to publish, on its website, the names of employers who have violated the Workplace Fraud Act by misclassifying an employee as an independent contractor or otherwise.
07/12/2012       Signed by Governor. Chapter Number 320
 
DISTRICT OF COLUMBIA
DC B 50            Brown K (D)
Title:                   Workforce Intermediary Establishment
Summary:         (Permanent Law) Amends the First Source Employment Agreement Act. Makes changes concerning notice prior to First Source projects, the base subsidy level that triggers First Source agreements, construction project hiring requirements, certain reporting requirements, employment of hard to employ residents, employment plan requirements for bidders and contractors, journey workers and apprentices, a workforce intermediary program, fines, and various related matters.
02/24/2012       In Congress. Passed Congressional Review Period. Assigned Law Number 84
 
DC B 247          Evans (D)
Title:                   Car Wash Employee Overtime
Summary:         (Permanent Law) Removes the exemption prohibiting car wash employees from receiving the protections of the District's overtime law.
05/31/2012       In Congress. Passed Congressional Review Period. Assigned Law Number 127
 
IDAHO
ID S 1373          Senate State Affairs Committee
Title:                   Open Access to Work Act
Summary:         Amends and adds to existing law relating to labor to provide exceptions to applicability of certain penalty and civil remedy provisions; provides for the Open Access to Work Act including provisions of such Act. Provides that the state and political subdivisions that contract for certain public works shall not require contractors, subcontractors, material suppliers and carriers engaged in specified associated activities to pay their employees a predetermined amount of wages, rates or benefits.
04/05/2012       Signed by Governor. Chaptered. Chapter No. 312
 
ILLINOIS
IL H 5212         Krezwick (D)
Title:                   Prevailing Wage Act
Summary:         Amends the Prevailing Wage Act. Provides that a public body shall make make required notifications regarding revisions in the prevailing rate of hourly wages by publishing an ordinance or resolution stating the public body's adherence to the prevailing wage requirements and posting a link with the revised rate schedule on the public body's official website.
08/15/2012       Signed by Governor. Public Act No. 964
 
IL H 5221         Pritchard (R)
Title:                   Income Withholding for Support Act
Summary:         Amends the Income Withholding for Support Act; provides that an income withholding notice must state a payors duties and possible penalties in bold face type; provides that a payor is subject to a penalty if he or she knowingly fails to withhold the amount designated in an income withholding notice or to pay any amount withheld to the State Disbursement Unit within seven business days.
08/17/2012       Signed by Governor. Public Act No. 994
 
IL S 2945          Duffy (R)
Title:                   Smoke Free Act and Right To Privacy in the Workplace
Summary:         Amends the Right to Privacy in the Workplace Act to exempt from certain prohibitions against discrimination any for-profit employer that, as its sole business purpose or objective, provides medical or hospital treatment to patients who have a cancerous conditions and that refuses to hire or discharges any individual, or otherwise disadvantages any individual, with respect to compensation or terms of employment because the individual uses any of certain tobacco products.
08/17/2012       Vetoed by Governor.
 
LOUISIANA
LA H 446          Lopinto (R)
Title:                   Charitable Gaming Licensees
Summary:         Relates to violations of the Charitable Raffles, Bingo and Keno Licensing Law; prohibits persons associated or affiliated with charitable gaming licensees from benefitting from net gaming proceeds; provides for penalties. Provides for exceptions. Provides that the provision shall not be construed to limit or impair the payment of compensation to bingo workers for working bingo games.
06/11/2012       Signed by Governor. Act No. 710
 
LA S 472           Murray (D)
Title:                   Staffing Services
Summary:         Prohibits certain employees of staffing services from being classified as independent contractors by employers. Relates to unemployment benefits and workers' compensation. Prohibits such employer from contracting with any state or political agency for a specified time.
06/13/2012       Signed by Governor. Act No. 786
 
MAINE
ME H 898         Crafts (R)
Title:                   Agricultural Employees and Labor Laws
Summary:         Repeals the Agricultural Employees Labor Relations Act which recognizes the right of agricultural employees to join labor organizations. Requires the Department of Labor to review the status of labor relations in this State between agricultural employees and agricultural employers that operate egg processing facilities that have over 500,000 laying birds and that employ more than 100 agricultural employees and develop any recommendations necessary to promote labor agreements.
03/30/2012       Signed by Governor. Public Law No. 565
 
ME H 960         Tilton (R)
Title:                   Independent Contractor Definition
Summary:         Standardizes the definition of independent contractor for employment security law and workers' compensation law. States penalties for the misclassification of a worker as an independent contractor. Requires two reports on the implementation of the new definition.
04/18/2012       Signed by Governor. Public Law No. 643
 
ME H 1237       O'Connor (R)
Title:                   Truck Drivers Overtime
Summary:         Conforms state law to federal law as it pertains to payment of overtime to truck drivers and driver's helpers; relates to an egg processing facility; provides for collective bargaining.
05/21/2012       Signed by Governor. Public Law No. 681
 
ME H 1279       Senator Rector
Title:                   Minimum Wage Laws
Summary:         Updates current law to parallel requirements relating to the federal minimum wage outlined in Section 14(c) of the federal Fair Labor Standards Act of 1938; permits the issuance of a certificate to an employer for the hiring of one or more persons with disabilities at a rate commensurate with the ability of those persons to perform the duties required in comparison to the ability of a person who does not have a disability. Extends the length of time a certificate is valid.
03/05/2012       Signed by Governor. Public Law No. 483
 
ME H 1311       Prescott (R)
Title:                   Livable Wages and Labor Department
Summary:         Current law requires the Department of Labor to biennially calculate the livable wage for households in the State's counties and municipalities by family size and develop a basic needs budget. Provides that the department is required to report this calculation to the Legislature and removes the requirement that the department calculate the livable wage as well as the reporting requirement.
03/30/2012       Signed by Governor. Public Law No. 569
 
ME H 1364       Burns D (R)
Title:                   Government Accountability and Oversight
Summary:         Requires certain existing quasi-independent state entities to adopt and implement policies and procedures related to procurement practices and the selection of vendors, contributions made to outside organizations and travel and meal and entertainment expenses. Prohibits those entities from retaining persons other than entity staff as lobbyists. Provides for quasi-independent state entities financial policies and procedures.
04/12/2012       Became law without Governor’s signature. Public Law No. 616
 
MARYLAND
MD H 694         Cardin (D)
Title:                   Voluntary Contributions
Summary:         Requires an employer that collects voluntary contributions from employees through payroll deduction to a campaign finance entity selected by the employer to record the address of each contributor and transfer that information to the campaign finance entity.
04/10/2012       Signed by Governor. Chapter No. 89
 
MD S 272          Peters (D)
Title:                   Workplace Fraud Act Revisions
Summary:         Establishes an exception for an employer that produces certain documents for inspection to the presumption that an employer-employee relationship exists for purposes of the Workplace Fraud Act. Authorizes an employer to comply with a requirement to provide records by producing copies of the records. Alters the number of days within which an employer is required to produce certain records. Provides an employer is entitled to a related hearing. Relates to the issuance of related violations.
05/02/2012       Signed by Governor. Chapter No. 206
 
MD S 763          Benson (D)
Title:                   Voluntary Contributions
Summary:         Requires an employer that collects voluntary contributions from employees through payroll deduction to a campaign finance entity selected by the employer to record the address of each contributor and transfer that information to the campaign finance entity.
04/10/2012       Signed by Governor. Chapter No. 88
 
MICHIGAN
MI H 5592        Lane (D)
Title:                   Wage Garnishment
Summary:         Extends effective period for writ of wage garnishment.
09/25/2012       Signed by Governor. Public Act No. 304
 
MI H 5658        Haveman (R)
Title:                   Inmate Labor
Summary:         Clarifies use of inmate labor. Allows the assignment of prison labor to a private contractor for the production of goods or services to be used solely within a correctional institution, jail, or reentry facility that houses a prisoner population. Provides the production of goods or services solely used within a correctional facility or institution are not subject to the prevailing or minimum wage.
06/26/2012       Signed by Governor. Public Act No. 261
 
MI S 1094         Caswell (R)
Title:                   Michigan Employment Security Act
Summary:         Relates to the Michigan Employment Security Act; allows employers to apply for approval of shared-work plans, and allow participating employees to claim reduced employee insurance benefits during the period of a plan without being unemployed. Provides that the shared work plan does not affect the employees health insurance, retirement or pension plan and other certain benefits. Requires the employer to provide reports to the unemployment agency relating to the operation of the shared work plan.
06/27/2012       Signed by Governor. Public Act No. 216
 
MISSOURI
MO H 1131      Fisher (R)
Title:                   Employment Renumeration Date for Tax Purposes
Summary:         Requires the date services for remuneration were first performed by a newly-hired employees to be included on withholding forms submitted to the Department of Revenue.
07/05/2012       Signed by Governor.
 
MO H 1323      Black (D)
Title:                   Child Care
Summary:         Provides for a child care subsidy benefit pilot program.Specifies the premium for participation in the program and provides for payroll deductions. Requires the Children's Division to conduct an evaluation of case worker competency in certain cases involving a death or injury of a child. Specifies requirements for certain home visits. Permits the court to impose as a condition of release of certain defendants that such defendants may not provide child care services.
07/10/2012       Signed by Governor.
 
NEW HAMPSHIRE
NH H 1579       Sullivan K (R)
Title:                   Delinquent Unemployment Compensation Overpayments
Summary:         Authorizes the Department of Employment Security to garnish the wages of individuals with delinquent unemployment compensation overpayments. Provides that this bill is a request of the Department of Employment Security.
06/11/2012       Signed by Governor. Chapter No. 2012-176
 
NEW JERSEY
NJ A 2313         Chivukula (D)
Title:                   Guaranteed Energy Savings Contracts
Summary:         Clarifies requests for proposals of specified public entities implementing energy savings improvement program contracts. Requires all workers be paid prevailing wages. Provides for the designation of a person with decision making authority to coordinate with the energy services company. Specifies limits on the total cost of improvements of projects and relates to lease-purchase agreements and renewable energy.
09/19/2012       Signed by Governor. Chapter No. 2012-55
 
NJ A 2650         Lampitt (D)
Title:                   Unlawful Employment Practices
Summary:         Provides that an unlawful employment practice occurs, with respect to discrimination in compensation or in the financial terms or conditions of employment, each occasion that an individual is affected by application of a discriminatory compensation decision or other practice, including, but not limited to, each time occasion that wages, benefits, or other compensation are paid, resulting in whole or in part from such a decision or other practice.
09/24/2012       Conditional veto by Governor. Returned to Assembly.
10/11/2012       In Assembly. Read second time on concurrence in Governor’s recommendation.
 
NEW YORK
NY A 9832        Wright (D)
Title:                   Contracts for Public and Building Service Work
Summary:         Preserves the Department of Labor's authority to enforce the prevailing wage law on public works projects where a contractual relation already exists between a public owner and its contractor.
08/17/2012       Signed by Governor. Chapter No. 389
 
NY A 10785     Assembly Rules Committee
Title:                   Deductions From Wages
Summary:        Establishes additional categories of permissible wage deductions that may be taken by employers with the consent of the employee, including mass transit fares, fitness or health club membership, daycare, education costs, and purchases made at the employer's place of business. Provides for the use of wage deduction to recapture over payments of wages or for repayment of advances on wages; clarifies pre-tax deductions made in conjunction with pre-tax contributions.
09/07/2012       Signed by Governor. Chapter No. 451
 
PENNSYLVANIA
PA H 1548        Murt (R)
Title:                   Child Labor Law
Summary:         Amends the Child Labor Law. Regulates employment of children at establishments where alcoholic beverages or malt liquor is sold. Provides for educational requirements and work hours. Provides for transfers to minor child performer trust accounts. Provides for revocation of an entertainment permit in certain circumstances. Relates to minors serving in volunteer emergency service organizations. Regulates participation at sports events, recreational establishments, camp counselors and hazardous occupations.
10/24/2012       Signed by Governor. Act No. 2012-151
 
PA H 1820        Delozier (R)
Title:                   Exemptions to The Minimum Wage Act of 1968
Summary:         Amends the Minimum Wage Act of 1968. Provides for exemptions from overtime for employers who intend to employ a specified number of students and for employers who employ an employee who has a physical or mental deficiency or injury. Relates to voluntary shift-trading hours of an air carrier, overtime compensation, collective bargaining agreements and voluntary agreements between employer and employee.
07/05/2012       Signed by Governor. Act No. 2012-109
 
RHODE ISLAND
RI H 7314         Hearn (D)
Title:                   Labor and Labor Relations
Summary:         Allows employers in any industry to petition the department of labor and training for permission to pay its employees less frequently than weekly. Specifies statutory requirements the employer must satisfy.
06/19/2012       Signed by Governor. Public Law No. 2012-282
 
RI H 7396         Bennett (D)
Title:                   Labor and Labor Relations
Summary:         Raises the minimum wage to $7.75 per hour, Jan. 1, 2013.
06/20/2012       Signed by Governor. Public Law No. 2012-313
 
RI H 7509         Ucci (D)
Title:                   Labor and Labor Relations
Summary:         Amends several provisions of the general laws pertaining to the payment of wages. Sets forth a hearing procedure for alleged violations of existing law; prohibits retaliation by the employer in the form of discrimination, discharge, or threatening the employee; provides a private right of action to an aggrieved employee in order to pursue wages, benefits, and other equitable relief.
06/20/2012       Signed by Governor. Public Law No. 2012-306
 
RI H 7564         Ucci (D)
Title:                   Labor Misclassification Records Checks
Summary:         Requires the disclosure by state agencies of certain labor-related information necessary to investigate certain violations including misclassification of employee status and wage and hour violations. Amends the powers and duties of the tax administrator to include providing any state tax information, state records, or state documents to assist in investigations. Provides for the confidentiality of materials to be maintained to the extent required.
06/25/2012       Signed by Governor. Public Law No. 2012-483
 
RI H 7613         Williams (D)
Title:                   Labor and Labor Relations
Summary:         Would exempt airline employees who work in excess of 40 hours per week from the provisions of overtime pay when the excess hours are not required by the air carrier but are arranged through a voluntary agreement among employees to trade scheduled hours.
06/08/2012       Signed by Governor. Public Law No. 2012-184
 
RI H 7759         Carnevale (D)
Title:                   Labor Relations - Wage Reports
Summary:         Relates to the collection of wage reports and the analysis of such reports to determine unemployment insurance benefit amounts and to measure the progress of the state in meeting performance measures under the Workforce Investment Act. Allows the department of labor and training to verify employee quarterly wage report information for the Workforce Investment Board.
04/13/2012       Signed by Governor. Public Law No. 2012-31
 
RI S 2228          Ruggerio (D)
Title:                   Labor and Labor Relations
Summary:         Allows the Department of Labor and Training to verify employee quarterly wage report information for the Workforce Investment Board and provide the board with the verified data under procedures established by rules and regulations promulgated by the department's director.
04/09/2012       Signed by Governor. Public Law No. 2012-20
 
RI S 2374          Lynch (D)
Title:                   Labor and Labor Relations Minimum Wages
Summary:         Would raise the minimum wage commencing Jan. 1, 2013 to $7.75 per hour.
06/20/2012       Signed by Governor. Public Law No. 2012-345
 
RI S 2375          Lynch (D)
Title:                   Labor and Labor Relations Payment of Wages
Summary:         Would allow employers in any industry to petition the department of labor and training for permission to pay its employees less frequently than weekly, provided the employer has satisfied existing statutory requirements.
06/19/2012       Signed by Governor. Public Law No. 2012-272
 
RI S 2422          Miller (D)
Title:                   Labor and Labor Relations
Summary:         Amends several provisions of the general laws pertaining to the payment of wages; sets forth a hearing procedure for alleged violations of existing law. Prohibits retaliation by the employer in the form of discrimination, discharge, or threatening the employee. Provides a private right of action to an aggrieved employee in order to pursue wages, benefits, and other equitable relief.
06/20/2012       Signed by Governor. Public Law No. 2012-344
 
RI S 2844          Lynch (D)
Title:                   Labor and Labor Relations
Summary:         Exempts airline employees who work in excess of forty (40) hours per week from the provisions of overtime pay when the excess hours are not required by the air carrier but are arranged through a voluntary agreement among employees to trade scheduled hours.
06/05/2012       Signed by Governor. Public Law No. 2012-148
 
RI S 3039          Nesselbush (D)
Title:                   State Affairs and Government
Summary:         Requires the disclosure by state agencies of the Department of Labor and Training any state tax information, state records or state documents they or the requesting agency certify as necessary to investigate misclassification of employee status, wage and hour violations, or prevailing wage violations subject to the agency's jurisdiction.
06/25/2012       Signed by Governor. Public Law No. 2012-424
 
RI S 3040          McCaffrey (D)
Title:                   Public Records
Summary:         Provides that certain payroll records of employees of contractors and subcontractors working on public works projects are public records.
06/25/2012       Signed by Governor. Public Law No. 2012-423
 
TENNESSEE
TN H 2295        Ragan (R)
Title:                   National Guard Duties
Summary:         Provides that all employees, public and private, who are members of the State Army and Air National Guard on active state duty or the state guard and civil air patrol shall be entitled to an unpaid leave of absence from their respective duties, without loss of time, pay not specifically related to leave of absence time, regular leave or impairment of efficiency rating for all periods of service.
04/23/2012       Signed by Governor. Public Chaptered. Chapter No. 803
 
TN S 2625         Crowe (R)
Title:                   Employee Meal Breaks
Summary:        Clarifies the employee's 30-minute rest break or meal period to include a right to waive the meal period or break, subject to the demands of the employee's work environment. Provides for waiver agreements with employees. Provides for rescission of waiver agreements. Provides that no employer shall coerce an employee into waiving a meal break.
04/17/2012       Signed by Governor. Public Chaptered. Chapter No. 760
 
VERMONT
VT H 78            Consejo (D)
Title:                   Employee Wages
Summary:         Requires that an employer that ceases business operations pay all wages and benefits owed to its employees within one week of the closing or layoff. Provides for a statutory lien on the real and personal property of a corporation for up to a specified number of days of unpaid wages. Specifies the process for dissolving a corporation. Requires a notice be sent to the Department of Labor regarding unpaid wages.
05/11/2012       Signed by Governor. Act No. 2012-124
 
VIRGINIA
VA H 453          Ware R (R)
Title:                   Workers Compensation Penalties
Summary:         Relates to workers' compensation, failure to pay and penalties for failing to pay workers' compensation benefits when the Commonwealth has issued a regular payroll payment to the employee in lieu of compensation covering the period of disability. Includes self-insured employers. Allows the payment to be made in any form and provides that a regular payroll payment issued by the Commonwealth includes payments issued net of deductions for elected and mandatory benefits and other standard deductions.
03/20/2012       Signed by Governor. Acts of Assembly. Chapter No. 270
 
VA H 460          Byron (R)
Title:                   Corporate Income Tax
Summary:         Provides for a percent of base year employment or the average wage of its full-time employees as certified by the taxpayer that is not greater than the lower of the state or local average weekly wage.
03/30/2012       Signed by Governor. Acts of Assembly. Chapter No. 427
 
WASHINGTON
WA H 2229      Jinkins (D)
Title:                   Hospital Employee Compensation Reporting
Summary:         Adds employee compensation to the list of items that must be reported by hospitals to the Department of Health for the Lead Administrator and the 10 highest paid hospital employees who do not have direct patient responsibilities. Requires that the report contain payments of all forms to include salary and wages, contributions to retirement plans and savings accounts, deferred compensation, expense reimbursements, incentive payments, and other benefits of value.
03/29/2012       Signed by Governor. Chapter No. 98
 
WA S 6421       King (R)
Title:                   Statement of Intent to Pay Wages
Summary:         Addresses the statement of intent to pay prevailing wages on public works. Provides that if a subcontractor performing work on a public works project fails to submit an affidavit of wages paid form, the contractor or subcontractor with whom the subcontractor had a contractual relationship may file specified forms on behalf of the nonresponsive subcontractor.
03/29/2012       Signed by Governor. Chapter No. 129
 
WISCONSIN
WI S 202           Grothman (R)
Title:                   Employment Discrimination
Summary:         Eliminates the awarding of compensatory and punitive damages to persons who have been discriminated against in employment or subjected to unfair honesty or genetic testing. Allows the Department of Workforce Development to still award to such a person back pay, costs, and attorney fees.
04/05/2012       Signed by Governor. Act No. 2012-219
 
WI S 219           Wanggaard (R)
Title:                   Unemployment Insurance Law
Summary:         Amends the unemployment insurance law to include benefit changes, employer rates, partial unemployment, eligibility of claimants who engage in full-time work, failure or refusal to take an illegal drug test, failure to perform work searches, interest and penalties, fraud, contribution liability of successor employers, waiting period credits, employer determination, interest assessments, assessment-related revenue and the recovery of liabilities resulting from incorrect earnings reports.
04/02/2012       Signed by Governor. Act No. 2012-198
 
Source: StateNet legislative bill tracking year-end search, Nov. 19, 2012.