2007 Ad

Monthly Labor Review, Jan, 2008 by John J. Fitzpatrick, Jr., James L. Perine

Laws concerning the minimum wage, prevailing wages, equal employment opportunity, wages paid, time off, drug and alcohol testing, child labor, and worker privacy were among the most active areas with new or amended legislation enacted during the year

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The Wage and Hour Division of the U.S. Department of Labor is responsible for tracking various categories of labor legislation and reporting on any amendments or new laws falling under those categories and enacted by States. More than 30 categories are tracked during this yearly process. Among the categories tracked are agriculture, child labor, State departments of labor, the discharge of employees, drug and alcohol testing, equal employment opportunity, employment agencies, employer leasing, family issues, genetic testing, handicapped workers, hours worked, human trafficking, immigrant protections, inmate labor, living wages, the minimum wage, offsite work, overtime, plant closings, prevailing wages, the right to work, time off, unfair labor practices, wages paid, whistleblower protections, worker privacy, and workplace security. Not every piece of enacted legislation that comes within the purview of one of these categories is addressed in this article. Among the laws that are not addressed are those which (1) amend existing State law, but are strictly technical in nature, (2) affect only a limited number of individuals, (3) require the initiation, completion, or distribution of a study of an issue, or (4) deal with funding matters related to an issue. Also not covered are areas of labor legislation that concentrate on issues relating to occupational safety and health, employment and training, labor relations, employee background checks (except for those dealing with potential national security issues), economic security, and local-area living wage ordinances.

A larger volume of State labor legislation was enacted during 2007 than during the previous year. The increase was due in part to the fact that, unlike the situation in 2006, all 50 State legislatures and the District of Columbia met in regularly scheduled sessions in 2007. The labor legislation that was enacted or amended by the States and the District last year addressed a variety of issues in 26 employment standards areas and included many important measures.

Most State legislation in 2007 occurred in eight categories: child labor, drug and alcohol testing, equal employment opportunity, the minimum wage, prevailing wages, time off, wages paid, and worker privacy. Forty-six of the 50 States and Puerto Rico enacted labor legislation of consequence in one or more of the 30 categories tracked. The legislatures of Illinois, Hawaii, Maine, New York, North Carolina, Oregon, Texas, and Virginia enacted above-average numbers of labor-related pieces of legislation in the categories tracked. At the time this article was sent off for publication, only Arkansas, Mississippi, Pennsylvania, South Carolina, and the District of Columbia had not enacted labor legislation within any of the 30 categories tracked.

For the second year in a row, minimum-wage legislation was the "hot-button" issue. The substantial level of activity in State minimum-wage legislation was due in part to an increase in the Federal minimum wage. Effective July 24, 2007, the Federal minimum wage for covered nonexempt employees was raised to $5.85 per hour. The minimum wage increases to $6.55 per hour effective July 24, 2008, and $7.25 per hour effective July 24, 2009. The Federal increase resulted in increases in a number of State minimum-wage rates, because several States previously had enacted legislation that required them to maintain a minimum wage at least equal to, or even greater than, the Federal minimum wage. More than 40 States now have such minimum-wage requirements. A few States have minimum-wage rates that are less than the Federal minimum wage. Finally, 5 States--Alabama, Louisiana, Mississippi, South Carolina, and Tennessee--have not yet established a minimum-wage requirement, although Tennessee does enforce a promised-wage law. (1)

The remainder of this article comprises two sections. The first provides a brief overview of several of the most active legislative categories tracked and discusses some, but not nearly all, of the pieces of legislation that resulted in laws which were amended or enacted by the individual State legislatures during 2007. The second section consists of a more comprehensive description of each State's labor-related legislative activities, again subdivided by legislative category, that resulted in laws amended or enacted by the individual State legislatures during the course of the past year.

Child labor. California extended the expiration date of an exemption for 16- and 17-year-old minors employed in one particular county to work up to 60 hours per week during peak harvest season when school is not is session. Illinois amended the State hazardous orders so that they now prohibit persons under the age of 16 from working in occupations handling human blood, body fluids, or body tissues. Massachusetts amended the hours of work permitted for 16-year-old minors in some occupations and now requires an adult to be present on the jobsite if a minor is employed after 8:00 p.m. New Hampshire employers may employ 16-and 17-year-old youths who are still in school, as long as the employer maintains a file copy of a signed written document from a parent or guardian of the child in question that permits the youth's employment. The requirements for work permits for minors in various occupations and the hours of work permitted for performers less than 18 years of age in New Mexico were modified. The child labor code does not now apply to minors in Texas who are engaged in the direct sale of newspapers to the general public. Virginia increased the fines assessed against employers who incur the death of a child in their employ. In addition, minors under 18 years of age may not be employed in any capacity in the manufacturing of paint or of goods with alcoholic content. Minors in the State of Washington who are under 14 years of age may not work without the written permission of a judge of the superior court of the county wherein the child resides.