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State Labor Laws, 2003 - page 19 / 27





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The city of Santa Fe adopted a Living Wage Ordinance that requires the payment of a minimum wage rate by the city to all full-time permanent workers employed by the city, while complying with the Fair La- bor Standards Act and the BatemanAct. The minimum wage rate is also to be paid by contractors for the city who employ more than 25 workers that have a service or con- struction contract with the city equal to or in excess of $30,000, excluding the purchase of goods; businesses receiving assistance relat- ing to economic development in the form of grants, subsidies, loan guarantees, or indus- trial revenue bonds in excess of $25,000; and businesses required to have a business li- cense or registration from the city and, dur- ing any given month, have 25 or more work- ers, or in the case of non-profit entities that have 25 or more workers. Beginning Janu- ary 1, 2004, the minimum wage will be $8.50 per hour with increases to $9.50 per hour scheduled for January 1, 2006, and to $10.50 per hour scheduled for January 1, 2008. Be- ginning January 1, 2009, and each year there- after, the minimum wage shall be adjusted upward based upon the consumer price in- dex. The value of health benefits and childcare will be considered as an element of wages.

An equal pay task force was appointed by the Governor. The task force is to study the extent of wage disparities, both in the public and private sectors, between men and women and between minorities and non-mi- norities; study the factors that cause wage disparities, including segregation between men and women and between minorities and non-minorities across and within occupa- tions and professions, payment of lower wages for female-dominated occupations, child-rearing responsibilities and education and training; study the consequences of wage disparities on the State’s economy and on families; and develop actions, including legislation, that are likely to lead to the elimi- nation and prevention of wage disparities. A final report is to be presented to the Gov- ernor and the legislature by December 15, 2003.

Equal employment opportunity. The Hu- man Rights Act was amended to add dis- crimination based on sexual orientation or gender identity to the forms of unlawful employment discrimination applicable to employers, labor organizations, joint ap- prenticeship committees, and employ- ment agencies. This provision is not to be used to adopt or implement a quota on the basis of sexual orientation or gender identity.

Employee leasing. The law requiring regis- tering and licensing of employee leasing con- tractors does not apply to temporary work- ers. The law was amended to define tempo- rary services employers and to provide that a worker who is employed by a temporary services employer works and should be clas- sified in any construction class or in any oil and gas well service or drilling class under Insurance Code regulations will be presumed to be a temporary worker, and the tempo- rary services employer that provides the worker must comply with the provisions of the Employee Leasing Act.

New York

Child labor. Alaw was enacted ensuring that child performers who work in the State have a portion of their earnings kept in a trust account for them until the age of majority, and that they are provided with an adequate education. The child’s custodian or guardian must establish the trust account within 15 days of the start of employment and notify the child’s employer of the account’s exist- ence. Employers must transfer 15 percent of the gross pay to the child’s trust account within 30 days after the end of employment unless the period of employment is longer than 30 days. In such a case, the funds must be transferred every payroll period. The child performer may terminate the trust ac- count upon reaching the age of 18. Child performer employment permits are valid for 6 months from date of issuance. To possess such a permit the child must be in good edu- cational standing. In those instances where the child performer is unable to meet State educational requirements because of the em- ployment schedule, the employer is to pro- vide a certified or State-recognized teacher so that he or she may fulfill educational law requirements.

working conditions, employee rights to form unions, and the use of child labor.

North Carolina

Wages. Obsolete provisions establishing a training wage under the minimum wage law were repealed.

An employee of the State may authorize, in writing, a payroll deduction from his or her salary or wages for deposit in the Paren- tal Savings Trust Fund administered by the State Education Assistance Authority.

A measure was enacted to permit a vote in November 2004 to authorize a constitutional amendment allowing units of local government to borrow money to finance economic devel- opment projects within a defined area. A de- velopment financing plan would be required to include a requirement that the initial users of a new manufacturing facility to be located in the district, and included in the plan must pay its employees an average weekly manu- facturing wage that is either above the average manufacturing wage paid in the county in which the district will be located or not less than 10 percent above the average weekly manufacturing wage paid in the State.

Child labor. A law was enacted regulating contracts of minors for artistic, creative, or athletic services including actors, actresses, musicians, singers and other performers or entertainers. The law provides for court approval of contracts and for financial safe- guards in court orders approving contracts and in situations where there is no court or- der. At least 15 percent of the minor’s gross earnings pursuant to the contract are to be set aside by the minor’s employer in trust, in an account or other savings plan, and pre- served for the benefit of the minor. Require- ments were adopted for establishing a trust and for appointing trustees.

The section of the child labor law estab- lishing restrictions on the hours of work for minors 16 and 17 years of age was amended to exempt 17-year-old minors employed as counselors, junior counselors, or counselors- in-training at camps for children during the months of June, July, and August.

Apparel industry. The law that allows the State University of New York and the City University of New York to consider labor standards when evaluating bids for school apparel and uniforms was expanded to also include bids for the purchase of sports equip- ment including balls, bats, and other goods intended for use by those participating in sports and games. Labor standards to be considered include employee compensation,

Private employment agencies. A law was enacted abolishing the Labor Commissioner’s Private Personnel Service Advisory Council that had performed duties related to the pri- vate personnel service industry. The Com- missioner is now authorized to adopt rules necessary to carry out and administer the provisions of the law dealing with the per- sonnel service industry including those in- volving hearings, penalties, and criminal pen- alties for violations of the law. Such penal- ties can include the denial, suspension, revo- cation of a license issued under the law, or the levying of a fine not to exceed $250. The licensee will be notified in writing of the de- nial, revocation, or suspension via a letter signed by the Commissioner or designee, and will have the right to appeal the decision.

Monthly Labor Review

January 2004


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