Page 163 - An Indispensible Resource for Being a Credible Activist

e-verify program, jointly administered by the U.S. Department of Homeland Security and the
Social Security Administration, or in the State Department of Labor and Employment’s
employee verification program, in order to confirm the eligibility of all of their newly hired
employees to perform work under the contract for services. In addition, prospective contrac-
tors shall include a provision stating that they have confirmed the eligibility of all of their
newly hired employees to perform work under the contract for services through participa-
tion in either the e-verify program or the department program.
Minimum wage. Because of previously enacted legislation in which the State minimum
wage was indexed to inflation, the minimum wage in the State was increased to $7.28 per
hour on January 1, 2009.
Time off. The State Revised Statutes were amended to allow a public or private
employee who is a member of the Civil Air Patrol and is called for duty in a patrol mission
to take a leave of absence during the period of the mission, for up to 15 days annually, with-
out loss of pay or other benefits. To obtain this leave, the member is required to return to his
or her job immediately after being relieved of duty in the mission. After serving, the mem-
ber is allowed to return to the same job position in the same location. An employer shall not
discriminate against or discharge from employment any member of the Civil Air Patrol
because of such membership and shall not hinder a member or prevent a member from
performing his or her duty during any Civil Air Patrol mission for which the member is enti-
tled to leave under State law. If an employer violates the provisions of the law, the member
is allowed to bring a civil action for damages, equitable relief, or both. In such action, the
court shall award reasonable attorneys’ fees and costs to the prevailing party. Employers are
not required to provide this leave when doing so would result in more than 20 percent of the
employer’s employees being on leave on any workday. In addition, employers are not re-
quired to provide such leave for any employee designated as an essential employee, defined
as an employee whom the employer deems to be essential to the employer’s daily enterprise
and whose absence would likely cause the employer to suffer economic injury.
Wages paid. As the result of an amendment to the State Revised Statutes, the definition of
“paycard” was established and employers may now deposit an employee’s wages on a paycard
as long as certain conditions are met. The term “paycard” is defined as an access device that
an employee uses to receive his or her payroll funds from the employer. In order to be allowed
to utilize paycards, the employer must (1) provide the employee free access to the entire
amount of the net pay at least once per pay period and (2) permit the employee to choose other
means for payment of wages as authorized by other sections of the State Revised Statutes.
Worker privacy. The State Revised Statute prohibiting action against an employee for
sharing wage information was amended. It shall now be a discriminatory or unfair em-
ployment practice, unless otherwise permitted by Federal law, for an employer to discharge,
discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee
because the employee inquired about, disclosed, compared, or otherwise discussed his or
her wages. It is also prohibited for an employer to require, as a condition of employment,
that an employee not disclose his or her wages or that the employee sign a waiver or other
document that purports to deny the employee the right to disclose his or her wages. These
prohibitions don’t apply to employers who are exempt from the provisions of the National
Labor Relations Act.

146 The H R Toolkit