State Labor Laws, 2003
the entire personnel file upon request by the employee or former employee, and, upon request, one copy of all material added to the file after the copy of the en- tire file was provided. The cost of copy- ing any other material requested during that calendar year will be paid by the per- son requesting the copy.
employee’s active duty base salary paid by the Federal government and the employee’s State base salary or direct wages. The com- pensation provided may not exceed an employee’s State base salary or direct wages. An eligible employee must elect to use either the military administrative leave or other available paid leave to which he or she is entitled.
Wages. The Advisory Committee on the Wage and Hour Law and theAdvisory Coun- cil on Prevailing Wage Rates were abolished.
An employer who withholds an employee’s dues to an employee member- ship entity must now also collect any con- tributions specified by the employee for one or more affiliated political action com- mittees of the employee membership en- tity, and then transmit the contributions to that entity.
Drug and alcohol testing. Saliva derived from the human body was added to the list of specimens that may be used for job-re- lated substance abuse testing. The others that may be used are blood, urine, and hair.
Private employment agencies. Licensing and regulation of employment agencies and em- ployment counselors were eliminated. An employment agency will now be required to submit a $7,000 penal bond to the Commis- sioner of Labor and Industry. A list of pro- hibited employment agency activities in- cludes knowingly referring a client to a job if any condition of the job violates any law; referring a client to an establishment where a labor dispute exists; advertising for a job for which there is no order by an employer on file; charging a client a registration fee or col- lecting in advance from a client a payment for service to be performed for the client to obtain employment; and publishing any false, fraudulent, or misleading information or promise. Nurse registries will be subject to the law.
Other laws. The Commissioner of Labor and Industry was authorized to charge a fee to cover the cost of providing media- tion services.
The law relating to leave of absence for State employees who are members of the organized militia and who are ordered to ac- tive duty was amended to provide for mili- tary administrative leave. An eligible State employee is entitled to military administra- tive leave in an amount sufficient to com- pensate the employee, during each pay pe- riod for which he or she is eligible for the leave, for the difference between the
Wages. The Unclaimed Property Act was amended concerning the treatment of unpaid wages. The provision that unpaid wages which are unclaimed by the owner for more than 1 year after becoming payable are pre- sumed to be abandoned will now apply only to unpaid wages greater than $50. Unclaimed unpaid wages of $50 or less are no longer subject to the act.
The Governor issued an Executive order which stipulates that the Department of Management and Budget may debar a ven- dor from consideration for the award of a contract for the provision of goods or ser- vices to the State, or suspend the procure- ment of goods or services from a vendor if, within the past 3 years, an officer of the vendor, or an owner of a 25-percent or greater interest in the vendor has been convicted of an offense, violated any State or Federal law, as determined by a court or an administra- tive proceeding, which, in the opinion of the Department, indicates that the vendor is un- able to perform responsibly or which reflects a lack of integrity that could negatively im- pact or reflect upon the State or has failed or refused to provide requested information. An offense or violation of this statute may in- clude, but is not limited to laws relating to prevailing wages on State projects, the pay- ment of wages and fringe benefits, and occu- pational safety and health.
Department of labor. The Governor issued Executive Order Number 18 changing the name of the Department of Consumer and Industry Services to the Department of La- bor and Economic Growth. Anew Wage and Hour Division is created within the depart- ment headed by a Wage and Hour Adminis- trator. Any authority, powers, functions, duties and responsibilities of the former Wage and Hour Division of the Department of Consumer and Industry Services, trans- ferred to the Bureau of Worker’s and Unem- ployment Compensation under an Executive order in 2002, are transferred to the new Wage and Hour Division, including, but not limited to, responsibility for the minimum wage, wage payment, prevailing wage, and youth employment laws.
Monthly Labor Review
Child labor. Aminor at least 11 and less than 14 years of age will be exempt from the mini- mum age provisions of the child labor law if employed as a youth athletic program ref- eree, umpire, or official for an age bracket younger than the minor’s own age if an adult representing the State or local athletic pro- gram is on the premises at which the event is occurring and a person responsible for the program has a written acknowledgment signed by the minor’s parent or guardian con- senting to the minor’s employment.
A similar law was enacted exempting chil- dren at least 11 and less than 14 years of age from the minimum age provisions of the child labor law for employment as assistant referees in youth soccer athletic program events in which the participants are under 14 years of age. An adult representing the State or local athletic program must be on the premises where the event is occurring, and a person responsible for the athletic pro- gram possesses a written acknowledgment signed by the minor’s parent or guardian con- senting to the minor’s employment as an as- sistant soccer referee.
Private employment agencies. The law regu- lating and requiring licensing of entertainment agencies was repealed.
Other laws. It was specified that civil ac- tions against the State may be brought in Federal court by an employee, former em- ployee, or prospective employee of the State who is aggrieved by the State’s violation of the Federal Age Discrimination Act of 1967, the Federal Family and Medical Leave Act, or the Federal Americans with Disabilities Act of 1990. An employee of the State who is aggrieved by the State’s violation of the Federal Fair Labor Standards Act of 1938 may also bring a civil action in Federal court.
Each State agency must—and cities, counties, towns, school districts, and other political subdivisions may—pay to each eli- gible member of the national guard or other reserve component of the armed forces of the United States an amount equal to the difference between the member’s basic ac- tive duty military salary and the salary the member would be paid in his or her regular job, including any adjustments the member would have received if not on leave of ab- sence. Payments must not extend beyond 4 years from the date the employee reported for active service, plus any additional time the employee may be legally required to serve. State agencies must continue the employee’s enrollment in health and dental coverage, and the employer contribution to-