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February 24, 2012

HR Fact Friday: Around the States

Filed under: Employment Law,General HR Buzz6:00 am

Two states had recent legislation in the area of Equal Employment Opportunity. On February 7, 2012, the U.S. Court of Appeals for the Ninth Circuit ruled that a November 2008 California voter-enacted constitutional amendment – Proposition 8 - defining valid or recognized marriages in California as only between a man and a woman is unconstitutional.  The circuit court’s ruling on Proposition 8, however, is on hold pending possible further litigation.   In Washington, effective 90 days after adjournment of the 2011-2012 legislative session, Washington law recognizes same-sex marriages and revises provisions related to recognition of equivalent legal unions.

Effective February 1, 2012, Indiana is a right to work states.  This means that employers generally cannot require employees to join a union or remain union members as a condition of getting or keeping employment.  Employers also cannot require that employees pay dues, fees, or assessments to unions or third-party alternative organizations in lieu of dues or other payments normally required of union members.

Several states are now added to the list as states requiring E-Verify participation.  At the start of this year, E-Verify requirements went into effect in Georgia, Louisiana, South Carolina, and Tennessee, and all employers in Alabama must implement E-Verify by April 1, 2012.  Other states currently requiring E-Verify participation include Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Mississippi, Nebraska, North Carolina, Oklahoma, South Carolina, Utah, and Virginia.  It is anticipated there may be other states added to the list during 2012.

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