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State Employment Law Update, December 2013

By Catherine Gordon, JD | January 02, 2014

While changes in federal law grab most of the headlines and the attention, changes that can affect employers are constantly being made on a state level across a wide variety of topics. For busy small business owners, keeping up with these changes can be particularly challenging. Check the state-by-state list below to find out about recent changes in your state laws that may impact you and your business.

Arizona: Effective January 1, 2014, the minimum wage rate in Arizona increases to $7.90 per hour.

Employers in Arizona may pay tipped employees a wage of up to $3 per hour less than the minimum wage if the employer can establish that when adding tips to wages paid, the employee received at least the minimum wage for all hours worked.

California: Effective January 1, 2014, computer software employees must earn at least $40.38 per hour to be exempt from the state’s overtime pay requirements.

Licensed physicians and surgeons must earn at least $73.57 per hour to be exempt from California’s overtime pay requirements beginning January 1, 2014.

Protection from employment discrimination in California is extended to the category of military or veteran status.

Employers in California are prohibited from discriminating against crime victims of specific offenses for taking time off from work. California employers are prohibited from taking adverse employment action against a victim of domestic violence, sexual assault, or stalking, who takes time off from work to attend to issues arising as a result of the domestic violence, sexual assault, or stalking, so long as the employee complies with certain conditions.

Florida: The minimum wage rate in Florida is $7.93 per hour effective January 1, 2014.

Effective January 1, 2014, the minimum wage rate in Florida for tipped employees is $4.91 per hour with a tip credit of Florida up to the amount of the allowable federal Fair Labor Standards Act (FLSA) tip credit of $3.02.

Hawaii: Same-sex marriage is legalized in Hawaii effective December 2, 2013.

Missouri: The minimum wage rate in Missouri is $7.50 per hour effective January 1, 2014, for retail and service businesses whose annual gross sales are $500,000 or more.

The minimum wage rate in Missouri for tipped employees is 50 percent of the minimum wage or $3.75 per hour effective January 1, 2014. The tip earner's compensation must total at least the minimum wage rate with the employer making up the difference.

Ohio: Effective January 1, 2014, the minimum wage rate in Ohio is $7.95 per hour for businesses with annual gross receipts of more than $292,000.

In Ohio, tipped employees must be paid at least 50 percent of the applicable minimum wage per hour ($3.98 per hour for 2014).

Vermont: The minimum wage rate in Vermont is $8.73 per hour effective January 1, 2014.

The minimum wage rate in Vermont for tipped employees is $4.23 per hour effective January 1, 2014 with a maximum tip credit of $4.50 per hour.

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