Page 172 - An Indispensible Resource for Being a Credible Activist

lation of this legislation. An employer shall not directly or indirectly solicit, request, require,
or purchase genetic-testing information from a person or from a family member as a condi-
tion of employment, pre-employment, labor company membership, or licensure; nor shall
the employer terminate the employment of an individual as a result of genetic testing.
Neither can genetic information be used in furtherance of a workplace wellness program
benefiting employees, unless health or testing services are offered by the employer; only the
employee or family member may receive testing services, and any individually identifiable
information is available only for purposes of the service provided. Genetic testing may be
used for genetic monitoring of the biological effects of toxic substances in the workplace.
Any person aggrieved by a violation of this legislation shall have a right of action against
any party for liquidated damages of $2,500 or actual damages, whichever is greater. In addi-
tion, any party that intentionally or recklessly violates this act can be liable for damages of
up to $15,000 or actual damages, whichever is greater.
Human trafficking. The U.S. House of Representatives passed a legal framework for
fighting trafficking by combining and streamlining efforts against the international and
domestic sale of human beings. The State legislature has adopted a resolution supporting
the adoption of this Federal legislation, known as HR 3887, and urging the U.S. Senators
from the State to support the legislation as passed, without modification, and to support
Federal anti-trafficking legislation in the U.S. Senate. The purpose of the resolution is to
expand Federal anti-trafficking legislation so that it more accurately represents the experi-
ences of victims in the State and expands the ability of Federal prosecutors to bring domes-
tic traffickers to justice. The State General Assembly implemented Public Act 94–0009, the
Trafficking of Persons and Involuntary Servitude Act, a powerful first step in the fight against
sex trafficking. Many local traffickers are not held accountable and continue to prey upon
victims due to a lack of resources for researching, uncovering, and prosecuting domestic
trafficking cases. The new law will assist victims in the State by allowing Federal resources
to be used to prosecute local offenders.
Independent contractor. The State now excludes an employee, independent contractor,
or other agent of a telecommunications carrier, communications cooperative, or mobile
radio service from its definition of “electronic and information technology worker.”
Minimum wage. The minimum-wage law in the State was amended to prohibit a camp
counselor under the age of 18 and employed at a day camp from being subject to the adult
minimum wage if the camp counselor is paid a stipend on a one-time or periodic basis and,
for a camp counselor who is a minor, if the minor’s parent, guardian, or other custodian has
consented in writing to the terms of payment before the employment begins. In the past, the
State stipulated that a camp counselor who resided on the premises of a seasonal camp was
subject to the adult minimum wage if the camp counselor worked more than 40 hours per
week and received a total weekly salary of no less than the adult minimum wage for a 40-hour
workweek. Under the law, counselors who worked less than 40 hours per week were paid the
minimum hourly wage for each hour worked. Because of requirements included in previously
enacted legislation, the State minimum wage was increased to $7.75 on July 1, 2008.
Time off. The legislation that amended the State Fire Protection District Act provides
that elected or appointed trustees of a fire protection district will be entitled to absent them-
selves from work on the days and times of meetings of the board of trustees for the period

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