Page 196 - An Indispensible Resource for Being a Credible Activist

employee responded to a fire or was on call and specifying the date, time, and duration of
the response.
Worker privacy. State code now prohibits the disclosure of home addresses, dates of
birth, phone numbers, bank account information, Social Security numbers, and driver’s
license information (unless operating a vehicle is part of the employee’s job description or
duties) of State and local government employees, including law enforcement officers and the
family members of such exempted individuals. The State Department of Labor and
Workforce Development is required to maintain the confidentiality of the identity of any
agency officer, employee, or entity filing a complaint regarding the employment of illegal
aliens. However, such information may be discovered by a subpoena from a court of record.
In addition, the department commissioner or the commissioner’s designee shall inform the
person against whom a complaint is made that such person may request the name of the
complainant or, if the complaint is filed by an agency or entity, the name of the person who
caused the complaint to be filed. If such person requests such name, the commissioner or
the commissioner’s designee shall provide the name requested.

TEXAS

Minimum wage. Because of requirements included in previously enacted legislation, the
State minimum wage was increased to $6.55 per hour on July 24, 2008.

UTAH

Human trafficking. Legislation was enacted that criminalized human trafficking and human
smuggling. Human smuggling is defined as the transportation or procurement of transporta-
tion of one or more persons by an individual who knows or has reason to know that the
person or persons transported or to be transported are not (1) U.S. citizens, (2) permanent
resident aliens, or (3) otherwise lawfully in the State or entitled to be in the State. An indi-
vidual commits human trafficking for forced labor or forced sexual exploitation by recruit-
ing, harboring, transporting, or obtaining a person through the use of force, fraud, or
coercion by various means, and the activity is considered a second-degree felony, except
when it is deemed to be aggravated in nature. Such human trafficking includes forced labor
in industrial areas, sweatshops, households, agricultural enterprises, and any other work-
place. Human smuggling of one or more human beings for profit or for a commercial pur-
pose is a third-degree felony, except when it is considered aggravated in nature. The activity
is considered aggravated in nature if (1) it involves the death of or serious bodily injury to
the victim; (2) it involves more than ten victims in a single episode; (3) it involves a victim
who is held against his or her will for more than 180 days; or (4) the victim is younger than
18 years and, if the activity is smuggling, the victim is not accompanied by a family mem-
ber who is 18 years or older. Aggravated offenses are considered first-degree felonies.
Immigrant protections. Legislation was enacted that contains provisions related to the
immigration status of individuals within the State. A number of those provisions deal with
employment issues. Effective July 1, 2009, a public employer may not enter into a contract

CHAPTER 11 • Different Laws in Different States 179