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State Labor Laws, 2003 - page 14 / 27





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State Labor Laws, 2003

to members of the State National Guard or- dered to training or duty under Federal law or ordered by the Governor to State active duty for 30 or more consecutive days. The law specifies that the provisions of the Fed- eral Soldiers and Sailors Civil ReliefAct and the Federal Uniformed Services Employment and Reemployment Rights Act apply when members of the State Guard are called up in the above circumstances.


Wages. The law prescribing when unclaimed intangible personal property is presumed to be abandoned was amended to specify that unpaid wages, including wages represented by payroll checks or other compensation for personal services owing in the ordinary course of the holder’s business that remain unclaimed by the owner for more than 1 year after becoming payable, are presumed to be abandoned.

nor issued an Executive order directing the head of each executive branch State agency under the jurisdiction of the Governor to 1) adopt a policy statement prohibiting sexual harassment and distribute the policy state- ment throughout the agency; 2) provide training that sensitizes managers, supervi- sors, and employees on the subject of sexual harassment; 3) develop and provide employ- ees with proper procedures for expressing complaints or concerns on sexual harass- ment, including information on the proce- dures for filing complaints with enforcement agencies when requested; 4) develop and implement an internal mechanism to assure prompt, confidential, and appropriate han- dling of sexual harassment complaints within the State agency, which includes the enforce- ment of appropriate disciplinary action; and 5) submit the policy statement and internal complaint and investigation mechanism pro- cedures to the Secretary of Administration for review.

Other laws. State employees, other than those covered under a collective bargaining agreement that provides otherwise, will now be granted paid leaves of absence of up to 5 workdays to serve as a bone marrow donor and of up to 30 workdays to serve as a vas- cular organ donor if the employee provides written verification from his or her physi- cian or the hospital involved that the em- ployee will serve as such a donor. Employ- ees granted such leaves of absence will not suffer loss of seniority, pay, vacation time, personal days, sick leave, insurance and health coverage benefits or earned overtime accumulation. In addition, grants from the anatomical gift and transplantation fund, may now be available upon application to living organ donors or recipients, or their le- gal representatives.

Inmate labor. The law related to the charging of inmate fees in order to defray the mainte- nance costs of county jails was amended by raising the allowable fee to a maximum of $20 per day. This fee will be required of any in- mate who participates in a work release or job training program for which the inmate receives compensation or a subsistence allowance.


Inmate labor. Among provisions of a law enacted regarding work by State prisoners on public agency projects, it was specified that the labor of State inmates is not to be used on any construction, building, or build- ing maintenance project outside of the prison where use of such labor would reduce skilled employment opportunities for citizens of the Commonwealth.


Wages. The definition of “employer” in the wage payment act was amended to now in- clude limited liability companies or other organizations employing any person. Addi- tionally, any officer, manager, major share- holder or other person who has charge of the affairs of an employer, and who knowingly permits the employer to engage in violations of required pay periods, or timely payment when the employee is discharged, may be deemed the employer for purposes of this act. This language replaces a provision that had deemed the corporation or any officer or agent having the management of the corpora- tion to be the employer.

Other laws. A Kentucky National Guard and Reserve Employers’ Council was created to advise public and private sector employers of the importance of supporting the National Guard and U.S. military reserves by provid- ing employee members with time off for train- ing, and with job security during times of mo- bilization. The council may recommend solu- tions to employment problems encountered by members of the National Guard or military reserves who are mobilized, and it may offer proposed policy or statutory changes to deal with those problems.


Equal employment opportunity. The Gover-

Wages. The law requiring that an employee who resigns be paid his or her wages on or


Monthly Labor Review

January 2004

before the next regular payday or no later than 15 days following the date of resigna- tion, whichever occurs first, was amended to specify that the payday refers to the next regular payday for the pay cycle during which the employee was working at the time of separation.

A resolution was adopted proclaiming Tuesday, April 15, 2003, as Equal Pay Day in Louisiana and urging residents of the State to recognize the full value of women’s skills and significant contributions to the labor force. Businesses were urged to conduct an internal pay evaluation to ensure that women are being paid fairly. April 15th symbolizes the day on which the wages paid to Ameri- can women catch up to the wages paid to men from the previous year.

Overtime limits. A resolution was adopted establishing a Mandatory Overtime Study Committee to assess the extent of registered nurse mandatory overtime use in the State and to work with the Nursing Supply and Demand Commission to make specific rec- ommendations to the legislature by March 1, 2004, regarding committee findings and any recommended legislation.

Child labor. The child labor law was amended to repeal an exemption for em- ployment or training related to curricu- lum while attending a business or voca- tional-technical school, and to revise pro- visions relating to employment certifi- cates and permissible hours of employ- ment. The employer obligation to keep on file an employment certificate or work permit for each minor no longer applies to work permits. The requirement that certificates be provided in triplicate was eliminated and replaced with one that the school superintendent complete and elec- tronically submit—the Employment Cer- tificate Form—found on the Department of Labor’s Web site, with the original cer- tificate being signed by the minor and the issuing authority and given to the em- ployer. The requirement for different col- ored certificates issued based upon the age of the applicant was repealed. The re- quirement that minors under age 16 not be employed before 7 a.m. or after 7 p.m., or after 9 p.m. from June 1 through Labor Day, was revised to now prohibit minors who have not graduated from high school from working after 10 p.m. on any day prior to a day during which school is in session, or after midnight on any day prior to a day during which school is not in ses- sion. Minors under the age of 16 who have not graduated from high school are

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