The law protecting employees from employment discrimination and retaliation for filing a complaint or attempting to enforce a protected right or for testifying or assisting in any action or proceeding to enforce the law is amended to extended such protections to those employees who are employed as part of traveling sales crews. Title 13, Chapter 111, Subchapter II, Section 111.322, as amended by Act 3 (S.B. 4), L. 2009, effective April 1, 2010. Para 52-20,025.322.

The state’s unemployment insurance poster has been added to the summary. Also, the Vermont Healthcare Whistleblower’s Protection Act poster has been added (VT ¶47-9900).

The Rhode Island governor’s veto on amendments the “The Temporary Employee Protection Act” was overridden by the Legislature on January 5th. Chapter 377 (S.B. 1054), L. 2009, requires the employment agency of temporary employees to provide notification of new job descriptions, potential job hazards, anticipated pay rates, benefits and work schedules. The law also provides that any employment agency determined by the department to have committed a second violation within five years of the first violation, shall be subject to a $500 fine; a third or subsequent violation within five years of a previous violation, shall be subject to a fine of $1,000; and a violation occurring more than five years from the date of a previous violation shall be considered a first violation. Title 28, Chapter 6.10, Sections 28-6.10-3 and 28-6.10-4, as amended by Ch. 377 (S.B. 1054), L. 2009, effective Jan. 5, 2010. Paras 41-21,550.03 and 41-21,550.04.

Criminal background checks of persons seeking employment at adult supportive care homes shall be conducted in accordance with the standards and procedures contained in Secs. 23-17.4-27, 23-17.4-28 and 23-17.4-30 of the Rhode Island General Laws (Ch. 290 (S. 543), L. 2009, at RI ¶41-9000).

The Rhode Island legislature on January 5th voted to override the governor’s veto of legislation expanding the statute of limitations up to three years to file civil rights violations under the state’s civil rights act. Based on a federal law providing victims of employment and contractual discrimination, it was believed that victims were allowed three years after the incident to file suit. However, in 2007, the Rhode Island Supreme Court issued a 3-2 decision stating that claims under the act are subject to a statute of limitations of just one year. Under, H.B. 5135, L. 2009 and Ch. 368 (S.B. 162), L. 2009, which are effective immediately, people filing suit under the Rhode Island Civil Rights Act have a three-year statute of limitations. Title 28, Chapter 5, Section 42-112-2, as amended by H.B. 5135, L. 2009 and Ch. 368 (S.B. 162), L. 2009, and effective Jan. 5, 2010. Para 41-20,026.02

New York has created a temporary, special enrollment period for certain employees or group health plan members who have exhausted their rights to continuation coverage under COBRA or under New York’s mini-COBRA law. The special enrollment period, available for those whose rights to continuation coverage ended between July 1 and November 1, 2009, generally lasts for 60 days following the receipt of notice of the new enrollment period. If notice is not received, then the special enrollment period is extended for six months from the effective date of the provision (or until May 19, 2010). Employees or members who extend coverage are entitled to a total of 36 months of continuation coverage, including any previously exhausted period of continuation coverage. Note that this provision expires as of July 1, 2010 (Ch. 498 (S. 6), L. 2009, at NY ¶33-4200).

Minimum wage rules have been updated, effective December 21, 2009. Gloucester County living wage information has also been updated (NJ ¶31-1000).

The 2010 taxable wage base for New Hampshire will be $10,000, up $2,000 from the previous wage base amount of $8,000. In 2011, the wage base will be $12,000, and it will increase to $14,000 in 2012 (NH ¶30-1700).

Legislation now prohibits smoking in public places such as restaurants, bars, and hotels, or any place that serves food or beverages.

The Ron M. Davis Law, named after the late chief medical officer of the Michigan Department of Public Health, takes effect May 1, 2010, and will make Michigan the 38th state to ban smoking in public places.

The new law allows exemptions for the gaming floors at the three Detroit casinos, but the other casino bars and eateries must be smoke-free, including the casinos’ restaurants and hotels. Michigan’s 20 American-Indian casinos are not covered by state law. Cigar bars, tobacco specialty shops, home offices, commercial trucks and motor vehicles are also exempt. Individuals and business owners who violate the law will be subject to penalties of $100 for the first offense and $500 for subsequent offenses (Governor’s Press Release, December 18, 2009, to be reported).

Employers are prohibited to treat an individual affected by pregnancy, childbirth, or a related medical condition differently for any employment-related purpose from another individual who is not so affected but similar in ability or inability to work, without regard to the source of any condition affecting the other individual’s ability or inability to work. Chapter 37, Article 2, Section 37.2202, as amended by P.A. 190 (H.B. 4327), L. 2009, effective Dec. 21, 2009. Para 23-20,026.02.