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State Labor Laws by state:

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 – State Labor Law Updates

Each year the NPA provides you with federal and state labor law posters. Throughout the year, some states make changes in the law that require you to update your poster.   There have been no changes in federal labor laws this year, so please keep your current federal poster. Look for a new state poster in you NPA Membership packet which will arrive in the mail in January.

The following states have made changes in employment laws that require you to update your Labor Law Poster:

Arkansas – Voters passed ballot measure Issue 5 to raise the state minimum wage from $6.25 to $7.50 per hour on January 1, 2015; to $8.00 per hour on January 1, 2016; and to $8.50 per hour on January 1, 2017.

California – According to the Department of Industrial Relations (DIR) Memorandum, effective January 1, 2015, computer software professionals are exempt from overtime if they are paid at least $41.27 per hour (currently, $40.38 per hour), or (1) are paid on a salary basis, (2) earn an annual salary of at least $85,981.40 (currently, $84,130.53), and (3) are paid at least $7,165.12 monthly (currently, $7,010.88 monthly). Licensed physicians and surgeons are exempt from overtime beginning in 2015 if they are paid at least $75.19 per hour (currently, $73.57 per hour).
We reported in October on the passing of A.B.1522, the “Healthy Workplaces, Healthy Families Act of 2014.” Under the Act, effective January 1, 2015, eligible employees may not begin to accrue paid time under the new law until July 1, 2015. It is unclear whether the posting and notice requirements under the Act will be enforced as of the effective date of the law, January 1, 2015, or at such time as templates for the notices are provided on the Labor Commissioner’s website or when employees are eligible to begin accruing time off.  The legal community expects the Labor Commissioner to release implementing regulations to address some of the ambiguities in the law but is also recommending that employers are prepared to comply with posting and notice requirements as of January 1, 2015, and to continue to monitor for updates from the Labor Commissioner.

Colorado – The Colorado Department of Labor and Employment, Labor Standards, adopted Colorado Minimum Wage Order No. 31 (7 CCR 1103-1) on November 10, 2014. The state minimum wage will increase from $8.00 to $8.23 per hour effective January 1, 2015. The minimum wage for tipped employees will increase from $4.98 to $5.21 per hour effective January 1, 2015.
In addition, recordkeeping requirements are amended to require employers to retain information contained in the employee’s itemized earnings statement for a period of at least three years (up from one year) after the wages or compensation were due. As reported previously, the records must include (1) the employee’s name, address, social security number, occupation and date of hire; (2) the employee’s date of birth, if under the age of 18; (3) a daily record of all hours worked; (4) a record of allowable credits and declared tips; and (5) the regular rates of pay, gross wages earned, withholdings made and net amounts paid each pay period.

Kansas – Effective November 12, 2014, same-sex marriage is permitted in Kansas because the U.S. Supreme Court lifted its temporary stay of a federal district court ruling on the issue (Marie v. Moser, D. Kan., No. 2:14-cv-02518, 11/4/14; Moser v. Marie, U.S., No. 14-A503, 11/12/14).

Missouri – The Missouri minimum wage will increase from $7.50 to $7.65 per hour and from $3.75 to $3.825 per hour for tipped employees on January 1, 2015. Compensation for tipped employees must total at least $7.65 per hour when tips are calculated. The Missouri minimum wage law governs Missouri businesses except retail and service business whose annual gross sales are less than $500,000.
A Missouri state judge ruled that the state’s ban on same-sex marriage is unconstitutional, opening the gates for state officials to issue marriage licenses.

New York – The New York State Budget, approved March 29, 2013, raised the state minimum wage to $8.00 on December 31, 2013, and will again increase the minimum wage rate, to $8.75 on December 31, 2014, and to $9.00 on December 31, 2015.
S05885B/A08106-C, which passed in the legislature last June, would have amended the Wage Theft Prevention Act to increase penalties for employers for wage payment violations and repeal the annual (pay notice/acknowledgement) notification for employers. Governor Cuomo did not sign the bill in the required time essentially resulting in a pocket veto. The bill is expected to be reintroduced in 2016.

South Dakota – Voters passed Initiated Measure 18 to raise the state minimum wage to $8.50 beginning January 1, 2015, with a guaranteed increase each year to account for inflation. Additionally, the measure increased tipped employees’ wage to half of the minimum wage, $4.2