State labor legislation enacted in 2002; mininum wage rate increases, limits on overtime for nurses, paid family and medical leave, workplace security, and military re-employment rights were among major legislation enacted during the year

Monthly Labor Review, Jan, 2003 by Richard R. Nelson

Plant closing/displaced workers. California employers of 75 or more employees must now give 60 days written notice of a mass layoff, relocation, or termination involving 50 or more persons. Another California measure provides that the jobs of laid-off workers are not to be filled with welfare-to-work program participants. The department of labor in Maine is to adopt rules to implement the law governing the severance pay paid by employers who close or relocate.

Whistleblowers. Among whistleblower protection measures enacted, a comprehensive Health Care Worker Whistleblower Protection Act was adopted in Maryland, and a section relating to the prohibition of retaliatory personnel actions against health care employees was added to the New York labor law.

Military re-employment rights. Following the events of September 11, 2001, several States enacted legislation related to reinstatement rights of reserve or guard members returning from active duty. Many of these measures amended laws to provide State guard members with the same rights as provided to those called for Federal duty.

State labor departments. In California, a Labor and Workforce Development Agency was created consisting of the Department of Industrial Relations, the Employment Development Department, the Agricultural Labor Relations Board, and the Workforce Investment Board. A Department of Workforce Services was created in Wyoming to be responsible for programs including displaced worker education and training, public employment offices, and veteran's employment services. The Florida Department of Labor and Employment Security was eliminated and its responsibilities and functions transferred to other agencies.

Other laws. Among other laws enacted, job protection for election officers on election day was provided for in Delaware and a similar law was amended in Alabama. Job protection was also provided in Connecticut for crime victims who attend court proceedings, in California for victims of sexual assault, and in Kentucky for rescue squad members, peace officers, and emergency medical technicians. Puerto Rico established a sports leave-without-pay policy for athletes in training and for trainers.

Utah will provide paid leave for State employees who are organ or bone marrow donors, and Vermont established a disaster relief workers fund to provide wage reimbursement.

New laws in California provide that local labor standards be enforced on projects receiving assistance from a State agency, that employees may disclose information regarding their working conditions, and that labor laws are to be enforced without regard to an individual's immigration status. West Virginia made it unlawful to employ an alien who is not authorized to work by immigration laws or the U.S. Attorney General.

The following is a summary, by jurisdiction, of labor legislation enacted in 2002.

Alabama

Plant closing. A resolution was adopted in response to the LTV Steel Corp. filing for bankruptcy. The resolution urges LTV Corp. officials to honor all contractual obligations including, but not limited to, continued health insurance coverage to its employees and former employees. Other laws. The State enacted a law extending active duty military rights and protections to members of the State National Guard called or ordered by the Governor to State active duty for 30 or more consecutive days for emergencies, or called or ordered by the Governor to federally funded duty for homeland security. The law states that the provisions of the Federal Soldiers and Sailors Civil Relief Act and the Federal Uniformed Services Employment and Reemployment Rights Act apply when members of the State Guard are called up in the above circumstances. Additionally, when any public employee is called to active service during the war on terrorism, which commenced in September 2001, the employee shall receive from his or her employing department or agency compensation equal to the difference between the lower active duty pay and the higher public salary which they would have received if not called to active service. While on active service, employees may continue their individual or dependent health insurance coverage under the health insurance plan of the public employer and are considered active and contributing members of their retirement system.