NEWS BRIEF – WEEK OF MARCH 29, 2010 Federal Update

  U.S. Department of Labor Launches Public Awareness Campaign on Workplace Rights

This week, the Department of Labor announced the “We Can Help” initiative along with a website to help employees understand their workplace rights and how to file wage complaints. We have notified you in the past of heightened efforts by the Obama Administration and Labor Secretary Hilda Solis to closely monitor employer practices in order to enforce wage laws. To circumvent wage and hour claims, we encourage employers to regularly review wage policies to ensure compliance. Please contact us at 202.463.7100 if you have additional questions.

ALCOHOL

Interlock Mandate Removed from Kansas Legislation

A Kansas conference committee has removed the interlock mandate from SB 368, legislation that originally sought to mandate the devices in vehicles of all first-time DUI offenders in Kansas. We’ve reported that SB 368 passed the Senate earlier this year without an interlock mandate, which was added and subsequently approved by the House. In a conference committee this week, state Sen. Tim Owens (R-Overland Park) said that rather than making minor changes now, the Kansas DUI Commission plans to reassess the state’s DUI laws and propose changes next year. State law currently requires interlocks for repeat- and high-BAC offenders. The legislature is now on recess; when it returns on April 28^th, the only agenda item is the budget. The state’s legislative session is scheduled to adjourn on April 30^th, so the interlock mandate is not expected to be considered again this year.

Signatures Being Collected for California Alcohol Tax Increase Ballot Proposal

California Secretary of State Debra Bowen (D) has cleared for circulation a ballot proposal that would raise alcohol taxes by almost $17 per bottle of liquor, almost $6 per six-pack of beer, and over 1 cent per bottle of wine. The alcohol tax increases are estimated to help raise between $7 and $9 million in extra revenue for the state. For the last couple of years, state legislators have rejected alcohol tax increases. The ballot proposal would bypass legislators and put the question directly before the voters on the November ballot. The alcohol tax proponents must now collect at least 433,971 valid signatures by August 23^rd.

LABOR/WAGE

Nevada Indexed Minimum Wage to Increase this July

This week, the Nevada Labor Commissioner’s Office announced that the state’s minimum wage will increase by 70 cents from $7.55 to $8.25 per hour on July 1^st. Employers under the Fair Labor Standards Act (FLSA) who provide employees with healthcare coverage can pay employees at the reduced rate of $7.25 per hour. The Berman and Company-managed Employment Policies Institute (EPI) spoke out against the indexing increase, noting that Nevada’s unemployment rate reached 13.2 percent in February, the second highest rate in the country. EPI said that mandating automatic wage increases each year would only worsen the state’s economic environment, forcing employers to cut employee hours and positions.

GAMING

Massachusetts House to Vote on Casino Proposal

Massachusetts House Speaker Robert DeLeo (D-Suffolk) has introduced his proposal to build two resort casinos and add 750 slot machines to the state’s four racetracks. The legislation--which does not specify when the new casinos would be built--is estimated to raise as much as $1.7 billion in extra revenue per year. Governor Deval Patrick (D) is opposed to slot machines at racetracks, but he did not commit to veto the bill. The Governor would like a public hearing to be held on DeLeo’s proposal and called for an independent fiscal analysis of the legislation. Yesterday, DeLeo announced that the legislation would not have a public hearing, and would move straight to the House floor for a vote in two weeks. As we’ve reported, DeLeo’s proposal is expected to have enough support to pass the state House, but Senate leaders have not yet indicated their position on the bill.