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State Labor Laws, 2003 - page 11 / 27





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Child labor. The Child Labor Law was amended in order to prohibit minors under the age of 18 from working in adult enter- tainment. Additionally, the hours of work restrictions of minors from 14 to 16 years of age were modified so that these minors may not work: 1) more than 18 hours during a school week nor more than 40 hours in a non-school week; 2) more than 3 hours on a school day nor more than 8 hours on a non- school day. Previously, the combination of hours of work and hours in school of a minor employed outside school hours could not exceed 10 hours per day. To accommodate year-round school schedules, minors may now work between 6:00 a.m. and 9:00 p.m. during any authorized school break rather than from June 1 through the day before La- bor Day as before.

Other laws. The Governor or mayor may grant a State or county employee who is a certified American Red Cross disaster vol- unteer up to 30 days paid leave of absence to perform disaster relief services for the American Red Cross when a disaster has been designated as level III or higher by American Red Cross regulations; officially declared by the President of the United States; or declared a state of emergency by the Governor. The employee must have prior authorization from the Governor or mayor, and the leave may not impose an undue hardship on State or county opera- tions. Employees granted leave will be paid at their regular rates of pay, without loss of seniority, vacation, sick leave, or earned over- time accumulation.


Agriculture. The Idaho Agricultural Labor Act enacted in 1972 was repealed. This act created anAgricultural Labor Board that was never used and was not necessary because of more recent State and Federal laws address- ing agricultural labor concerns.

Drug and alcohol testing. The Employer Alcohol and Drug-Free Workplace Act was amended to extend coverage to public sec- tor employers. The law specifies that it is lawful to test employees or prospective em- ployees for the presence of drugs or alcohol as a condition of hiring or continued em- ployment if the employer has a written test- ing policy. The State of Idaho or any politi- cal subdivision that conducts drug and alco- hol testing of all those employees and ap- plicants for whom such testing is not con- stitutionally prohibited will qualify for the workers’ compensation insurance premium

reduction that is available to private sector employers.

by the Department of Labor or a public body is to be rendered within 30 days after the conclusion of the hearing.

Department of labor. An Executive order was issued renaming the Disability Determi- nations Unit the Disability Determinations Service and transferring it from the Execu- tive Office of the Governor to the Idaho De- partment of Labor.

Other laws. A Voluntary Contributions Act was adopted. This law requires that labor organizations that engage in political activi- ties keep a segregated fund for all political contributions. Union dues are not to be used for political activities, transferred to the fund, or intermingled in any way with fund mon- eys. Employee contributions to the fund must be on a voluntary basis without fear of reprisal and are to be made directly by the donor. Payroll withholding of funds to be used for political purposes is prohibited.


Wages. New legislation increased the State minimum wage rate for employees 18 years of age or older from $5.15 per hour to $5.50 per hour on January 1, 2004, with a further increase to $6.50 per hour scheduled for January 1, 2005. Employees under 18 years of age may be paid up to 50 cents less than the regular rate. A provision that the wage rate paid by employers be not less than the Federal hourly minimum wage rate was eliminated.

Among changes in the prevailing wage law, prevailing wage rate requirements are now to be inserted in project specifications as well as in public works contracts. It will also be mandatory for each contractor, sub- contractor, and lower-tiered subcontractor to insert these requirements into the contracts they let. The contractor and each subcon- tractor or the officer of the public body in charge of the project is to make and keep, for at least 3 years, records of the name, ad- dress, telephone number when available, so- cial security number and occupation of all laborers, workers and mechanics employed by them on the public works project. In addition to actual hourly wages paid, records are now to show the hours worked each day by each employee. Every employer, upon request, is to furnish the Director with a sworn statement of the accuracy of the records. Objections to a rate determination may be made within 30 days after the De- partment of labor has published a prevailing wage schedule on its official Web site. A hearing is to be held within 45 days after the objection is filed, and a final determination

Executive Order No. 13 was issued re- quiring State agencies, on a project-by- project basis, to consider a project labor agreement for a public works project where the agency determines that such an agree- ment advances the State’s interests of cost, efficiency, quality, safety, timeliness, skilled labor force, labor stability or the State’s policy to advance minority- and women- owned businesses and minority and female employment. Project labor agreements are a form of pre-hire collective bargaining agree- ment covering all terms and conditions of employment on a specific project. Any de- cision by a State agency to use a project agreement is to be supported by a written publicly disclosed finding setting forth the justification for its use. Criteria for project agreements include procedures for immedi- ate and binding settlement of jurisdictional disputes and grievances, no-strike provi- sions, lowest qualified responsible bidder language, and a guarantee of a reliable source of skilled and experienced labor.

The prevailing wage law was amended to expand coverage by removing the “for pub- lic use” phrase from the definition of cov- ered public works projects. The previous wording exempted some public works projects from prevailing wage obligations because the projects were not developed es- sentially for public use. Amendments also specify that the law will cover all projects financed in whole or in part with funds from the Fund for Illinois’ Future program and acts designed to finance school and trans- portation infrastructure improvements.

The State Procurement Code was amended to expand application of the pre- vailing wage requirement provisions to now include building and grounds services, site technician services, and natural resources ser- vices. The prohibition against considering State employee collective bargaining agree- ments when determining the prevailing wage rate was eliminated.

The Illinois Renewable Fuels Develop- ment Program Act was adopted, establishing a $15 million grant program providing finan- cial assistance for constructing or modifying plants capable of annually producing at least 30 million gallons of renewable fuels such as ethanol and bio-diesel fuel. The law requires that projects receiving such funds be subject to the prevailing wage law and enter into project labor agreements. Project labor agree- ments are to include provisions establishing the minimum hourly wage, benefits and other compensation for each class of labor organi-

Monthly Labor Review

January 2004


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