State labor legislation enacted in 2001; increases in minimum wage rates, restrictions on youth peddling, bans on discrimination because of genetic information, and protection from workplace harassment and violence were among major subjects of State labor legislation - State Labor Laws, 2001 - United States - Statistical Data Included

Monthly Labor Review, Jan, 2002 by Richard R. Nelson

Time off from work was authorized for State employee veteran funeral details in Delaware, for members of the State legislature in Nevada, for Native American employees to vote in New Mexico, for precinct officials in North Carolina, for Virginia State employees to donate bone marrow or organs, and in New York for American Red Cross disaster volunteers.

Oregon employers are to provide workplaces free of tobacco smoke.

Oklahoma became a "right-to-work" State as the result of a measure placed on the ballot by the legislature and approved by the voters.

Arizona

Child labor. The Department of Health Services may not adopt any rule that prohibits an administrator of a nursing care institution from employing a person age 16 or older, who provides direct care to residents and who meets certification and qualification requirements.

Worker privacy. The law was amended that, permits banks, savings and loan associations, credit unions, and escrow agents to provide written employment references to similar businesses, upon request, which advise of the applicants' involvement in any theft, embezzlement, misappropriation, or other misuse of funds (which has been reported to Federal or State authorities). It now also applies to commercial mortgage bankers, mortgage bankers, and mortgage brokers. The protection from civil liability for providing an employment reference will extend to these businesses as well, unless false information is provided with knowledge and malice.

Private employment agencies. New legislation was enacted regulating the activities of day-labor service agencies (defined as entities that provide day laborers to third-party employers and charge those employers for this service). Service agencies are to pay day laborers for work performed in negotiable instruments that are redeemable in cash at a financial institution, and, at the time of payment, are to provide each day laborer with an itemized statement showing in detail all deductions from wages. Deductions, other than those required by Federal or State law, are not to bring wages below the Federal minimum wage for hours worked. Agencies are not to restrict the right of a day laborer to accept a permanent position with a third-party employer to whom he or she has been referred to for work. The law does not apply to farm labor contractors, labor union hiring halls, temporary help services engaged in supplying white-collar employees, secretarial employees, clerical employees, or skilled laborers, or to labor bureau or employment offices operated by a business that employs individuals for its own use.

Arkansas

Wages. Among amendments to the minimum wage act, the Labor Board was eliminated and its powers and duties transferred to the Director of the Department of Labor who now has the authority to make and revise regulations under the law. Criminal penalties for violation were eliminated and replaced with civil penalties of not less than $50 and not more than $1,000 for each violation. The exemption from the law for employers of fewer than four employees was amended to specify that this exemption applies to employment of fewer than four employees in any workweek. In addition, the general exemption for employers covered by the Federal Fair Labor Standards Act was amended to limit the exemption to employers who are subject to the minimum wage and overtime provisions of the Federal Act.