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State Labor Laws, 2003 - page 27 / 27





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ban on age discrimination in the Fair Em- ployment Practices Act. The prohibition will now apply to all persons at least 40 years of age.

Revisions were made in the hearing procedures and remedies available under the Fair Employment Practices Act. Among these, the hearing procedure will now apply to employment agencies and labor organizations as well as to employ- ers and employees. The Department of Employment is to issue an order within 14 days of the hearing officer’s decision requiring compliance, and if the employer, employment agency or labor organization does not appeal or comply within 30 days, the department may petition the

district court for enforcement of the or- der. Remedies available were specified. These include: (1) requiring the employer, employment agency or labor organization to cease and desist from the discrimina- tory or unfair practice; (2) requiring re- medial action which may include hiring, retaining, reinstating or upgrading of em- ployees, referring of applications for em- ployment by a respondent employment agency, or the restoration to membership by a respondent labor organization; (3) requiring the posting of notices and mak- ing reports as to the manner of compli- ance; or (4) requiring the employer, em- ployment agency or labor organization to pay back pay or front pay.


1 All of the State legislatures met in regular session in 2003. Delaware, Guam, Massachu- setts, Missouri, and New Hampshire did not en- act significant legislation in the fields covered by this article. Information about Puerto Rico and the Virgin Islands was not received in time to be included in the article, which is based on information received by November 10, 2003.

2 Several tables displaying State labor law information, including a table on State mini- mum wage rates and a table on State prevailing wage laws, are available on the U.S. Depart- ment of Labor, Employment Standards Admin- istration Web site at http://www.dol.gov/esa/ programs/whd/state/state.htm



Monthly Labor Review

January 2004


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