Laws concerning child labor, equal employment opportunity, human trafficking, immigration legislation, independent contractors, and prevailing wages were among the most active areas for state lawmakers in 2012

Fitzpatrick, John J, Jr.

Perine, James L

English

Laws concerning child labor, equal employment opportunity, human trafficking, immigration legislation, independent contractors, and prevailing wages were among the most active areas for state lawmakers in 2012.BLS_State_Labor_Legislation_Enacted_in_2012.pdf: 60 downloads, before Oct. 1, 2020

Fitzpatrick, John J. Jr.

Perine, James L.

eCommons@Cornell

State Labor Legislation Enacted in 2012

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
Federal Publications Key Workplace Documents 
2-2013 
State Labor Legislation Enacted in 2012 
John J. Fitzpatrick Jr. 
Department of Labor 
James L. Perine 
Department of Labor 
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State Labor Legislation Enacted in 2012 
Abstract 
Laws concerning child labor, equal employment opportunity, human trafficking, immigration legislation, 
independent contractors, and prevailing wages were among the most active areas for state lawmakers in 
2012. 
Keywords 
child labor, equal employment opportunity, human trafficking, immigration, legislation 
Comments 
Suggested Citation 
Fitzpatrick, Jr., J. J. & Perine, J. L. (2013). State labor legislation enacted in 2012. Monthly Labor 
Review,136(2), 24-29. 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/key_workplace/1029 
24  Monthly Labor Review  •  February  2013
State Labor Laws, 2012
John J. Fitzpatrick, Jr. 
and 
James L. Perine
John J. Fitzpatrick, Jr., is 
the State Standards Team 
Leader and the anti-human 
trafficking coordinator in 
the Division of Communi-
cations,  Wage and Hour 
Division, U.S. Department 
of Labor; James L. Perine is 
a compliance specialist on 
the State Standards Team. 
Email: fitzpatrickjr.john@
dol.gov or perine.james@
dol.gov.
 Laws concerning child labor, equal employment opportunity, 
human trafficking, immigration legislation, independent contractors, 
and prevailing wages were among the most active areas for 
state lawmakers in 2012
State labor legislation enacted in 2012 
The most active areas of state legisla-tion in 2012 were child labor, equal employment opportunity, human 
trafficking, immigration legislation, inde-
pendent contractors, wages paid, time off, 
unfair labor practices, and worker privacy. 
State legislative activity in these and more 
than 20 additional areas resulted in enact-
ment of new legislation and amendments or 
revisions to existing statutes or regulations. 
This report, which covers legislation enact-
ed, revised, or amended January 1–December 
31, 2012, consists of a brief introduction and 
a table in which the bill and executive order 
numbers serve as links to the legislation. The 
table lists the bill numbers of each piece of 
enacted legislation organized according to the 
labor legislation categories that are tracked by 
the Wage and Hour Division (WHD) of the 
U.S. Department of Labor. Each bill number 
is positioned in the table cell whose row cor-
responds to the state where the bill was en-
acted and whose column corresponds to the 
individual category of legislation. The last cell 
for each category shows two totals: the first 
represents the number of states that enacted 
legislation in that category and the second 
represents the number of enacted bills. Gener-
al information about a particular state and its 
legislation enacted in the past year is available 
at http://www.govspot.com/site/about.htm.
Throughout 2012, 46 of the 50 states and 
the District of Columbia met in regular leg-
islative session during the year. The other four 
states—Montana, Nevada, North Dakota, 
and Texas—met in special sessions to address 
various issues of particular interest or imme-
diate necessity. During the timeframe covered 
by this report, 45 states and the District of 
Columbia enacted new legislation and/or 
amended current state labor law or regula-
tions of consequence in the various categories 
tracked by the WHD.
The 191 bills that were introduced and then 
enacted by the states and the District of Co-
lumbia encompassed 28 of the 34 legislative 
categories tracked by the WHD and included 
a number of important measures. These 28 
categories are agriculture, child labor, state 
departments of labor, discharge of employees, 
drug and alcohol testing, employment agency, 
equal employment opportunity, hours of work, 
human trafficking, immigration legislation, 
independent contractors (more specifically, 
employees misclassified as independent con-
tractors), inmate labor, living wage (statewide), 
minimum wage and tipped employees, offsite 
work, “other” or “miscellaneous” legislation, 
overtime, plant closing and the displacement 
or replacement of workers, preference of em-
ployers regarding employees, prevailing wage, 
right to work, time off from work, unfair labor 
practices, wages paid, whistleblowers, worker 
privacy, workers with disabilities, and work-
place security. The six categories in which no 
enacted legislation was reported are employee 
leasing, family leave issues, garment activ-
ity, genetic testing for employment purposes, 
overtime worked in the health care industry, 
and workplace violence. Not every piece of 
labor legislation enacted in the past year falls 
into one of the 34 tracked categories. Among 
the legislative issues that are excluded from the 
report are those which (1) amend existing state 
law but whose changes are strictly technical 
in nature, (2) affect only a limited number of 
individuals, (3) require the undertaking or the 
distribution of an issue study for a legislature 
or a governor, or (4) deal with operational or 
funding concerns related to a specific issue. 
Monthly Labor Review  •  February  2013  25
Enacted state labor legislation (senate and house bills and executive orders) report for January 1, 2012 through 
December 31, 2012
State Agriculture Child labor Department of labor, state
Discharge of
employee
Drug and
alcohol 
testing
Equal 
employment 
opportunity
Employment 
agency
Alabama – S–174 S–450 – – – –
Alaska – – – – – – –
Arizona – – – – – S–1365 –
Arkansas – – – – – – –
California A–1675 A–1660 – – –
S–1309
A–2386 –
Colorado – – – – – H–1263 –
Connecticut – S–383 – – – – –
Delaware – – – – S–216 H–319 –
District of Columbia – – – – R1087 B–486 –
Florida – – – – H–1205 – –
Georgia – – – – – – –
Hawaii – – – – – – –
Idaho – – – – – – –
Illinois – H–4586 – – – S–2946 –
Indiana – – – – – – –
Iowa – HR–107 – – – – –
Kansas – – – – – – H–2077
Kentucky – HR–62 – – – – –
Louisiana – S–612 – – – H–295 –
Maine – – – – – – –
Maryland – – – – – – –
Massachusetts – – – H–537 – – –
Michigan – – – – – – –
Minnesota – H–2046 – – – – –
Mississippi – – – – – – –
Missouri – – – – – – –
Montana – – – – – – –
Nebraska – – – L–1005 – – –
Nevada – – – – – – –
New Hampshire – – – – – – –
New Jersey – – – – – A–2647 –
New Mexico – – – – – – –
New York – – – – – – A–8614
North Carolina – – – – – – –
North Dakota – – – – – – –
Ohio – – – – – – –
Oklahoma – – – H–2724 – – H–2446
Oregon – – – – –
S–1548
H –4064 –
Pennsylvania – H–1548 – – – – H–1055
Rhode Island – S–2903 – – – – –
South Carolina – – – – – – –
South Dakota – – – – – – –
Tennessee – – – – – H–2384 –
Texas – – – – – – –
Utah – – – – – – –
Vermont – – – – – – –
Virginia – – – – – – –
Washington – – – – – – –
West Virginia – – – – EO8–2012 – –
Wisconsin – – – – – S–202 –
Wyoming – – – – – – –
Number of states/
number of bills 1/1 10/10 1/1 3/3 4/4 11/13 4/4
NOTE:  Each bill or executive order number is a clickable link to the legislation.
 Table 1.
State Labor Laws, 2012
26  Monthly Labor Review  •  February  2013
Continued—Enacted state labor legislation (senate and house bills and executive orders) report for January 1, 2012 
through December 31, 2012
State
Employee 
leasing
Family leave 
issues
Garment 
activity
Genetic 
testing
Hours 
worked
Human 
trafficking
Immigration 
legislation
Alabama – – – – – – H–658
Alaska – – – – –
H–359
S–210 –
Arizona – – – – S–1054 – –
Arkansas – – – – – – –
California – – – – – A–1899 –
Colorado – – – – – H-1151 –
Connecticut – – – – – – –
Delaware – – – – – – –
District of Columbia – – – – – – –
Florida – – – – – H-7049 –
Georgia – – – – – – SR–715
Hawaii – – – – – H-2235 –
Idaho – – – – – – –
Illinois – – – – – – –
Indiana – – – – – S–4 –
Iowa – – – – – H–2390 –
Kansas – – – – – – –
Kentucky – – – – – – –
Louisiana – – – – – S-435
H–1129 
H–996
Maine – – – – – – –
Maryland – – – – – – –
Massachusetts – – – – – – –
Michigan – – – – – – –
Minnesota – – – – – – –
Mississippi – – – – – – –
Missouri – – – – – – –
Montana – – – – – – –
Nebraska – – – – – L-1145 –
Nevada – – – – – – –
New Hampshire – – – – – – H–158
New Jersey – – – – – – –
New Mexico – – – – – – –
New York – – – – – – –
North Carolina – – – – – – –
North Dakota – – – – – – –
Ohio – – – – – H–262 –
Oklahoma – – – – – S–1734 –
Oregon – – – – – – –
Pennsylvania – – – – – H–235 S–637
Rhode Island – – – – – – –
South Carolina – – – – – H-3757 –
South Dakota – – – – – – –
Tennessee – – – – S–2625
S–2368
S–2371 –
Texas – – –
Utah  – – – – – H–97 –
Vermont – – – – – – –
Virginia – – – – – H–1200 S–515
Washington – – – – –
S–6255
S–6257 –
West Virginia – – – – – H–4053 –
Wisconsin – – – – – S–536 –
Wyoming – – – – – – –
Number of states/
number of bills 0/0 0/0 0/0 0/0 2/2 19/22 6/7
NOTE:  Each bill or executive order number is a clickable link to the legislation.
 Table 1.
Monthly Labor Review  •  February  2013  27
State Independent contractor Inmate labor
Living wage -
statewide
Minimum wage
and tipped 
wages
Off-site work Overtime
Overtime 
health care
Alabama – S–63 – – – – –
Alaska – – – – – – –
Arizona H–2150 – – – – – –
Arkansas – – – – – – –
California – – – – – A–2103 –
Colorado – – – – – – –
Connecticut – – – – – – –
Delaware H–222 – – – – – –
District of Columbia – – – – – B–247 –
Florida – – – – H–1261 – –
Georgia – – – – – – –
Hawaii – – – – – – –
Idaho – – – – – – –
Illinois – – – – – – –
Indiana – – – – – – –
Iowa – – – – – – –
Kansas – – – – – – –
Kentucky – – – – – – –
Louisiana S–472 – – – – – –
Maine H–960 H–1225 H–1311 – – H–1237 –
Maryland
S–272
H–1364 – – – – – –
Massachusetts – – – – – – –
Michigan – H–5658 – – – – –
Minnesota S–1653 – – – – – –
Mississippi – – – – – – –
Missouri – – – – – – –
Montana – – – – – – –
Nebraska – – – – – – –
Nevada – – – – – – –
New Hampshire H–420 – – – – – –
New Jersey – – – – – – –
New Mexico – – – – – – –
New York – – – – – – –
North Carolina – – – – – – –
North Dakota – – – – – – –
Ohio – – – – – – –
Oklahoma – – – – – – –
Oregon – – – – – – –
Pennsylvania – – – H–1820 – – –
Rhode Island H–7564 – –
H–7396
S–2374 –
S–2844
H–7613 –
South Carolina – – – – – – –
South Dakota – – – – – – –
Tennessee – – – – – – –
Texas – – – – – – –
Utah – – – – – – –
Vermont – – – – – – –
Virginia – – – –
S–238
H–551 – –
Washington – – – – – – –
West Virginia – – – – – – –
Wisconsin – – – – – – –
Wyoming – – – – – – –
Number of states/
number of bills 8/9 3/3 1/1 2/3 2/3 4/5 0/0
NOTE:  Each bill or executive order number is a clickable link to the legislation.
Continued—Enacted state labor legislation (senate and house bills and executive orders) report for January 1, 2012 
through December 31, 2012
 Table 1.
State Labor Laws, 2012
28  Monthly Labor Review  •  February  2013
State Plant closing Preference of 
employees
Prevailing 
wage
Right to work Time off from 
work
Unfair labor 
practice Wages paid
Alabama – – – – – – –
Alaska – – – – – – –
Arizona – H–2165 – – – H–2394 H–2601
Arkansas – – – – – – –
California SJR–26 –
A–1598
A–2677 – – –
AJR–47, A–1144
S–1258, A–1744
Colorado – – – – – – –
Connecticut – – – – – – H–5237
Delaware – H–136 – – – – –
District of Columbia – – – – – –
B–559
B–977
Florida – – – – – – –
Georgia – – – – – – –
Hawaii – – – – – – –
Idaho – – S–1373 – – – –
Illinois – – H–5212 – H–5006 H–5111
Indiana – H–1250 – H–1001 – – –
Iowa – – – – – – –
Kansas – – – – – – –
Kentucky – – – – – – –
Louisiana – – – – S–521 – –
Maine – – – – – – –
Maryland – – – –
S–16
H-353 S–433 –
Massachusetts – – – – – – –
Michigan – – – S–116 – H–4929 –
Minnesota – S–2354 – – – – –
Mississippi – – – – – – –
Missouri – – – – H–1315 – –
Montana – – – – – – –
Nebraska – – – – – – –
Nevada – – – – – – –
New Hampshire – – – – – – –
New Jersey – – A–2313 – – – AR–50
New Mexico – – – – – –
SM–48
HM–19
New York – A–2088 S –6923 – – – –
North Carolina – – – – – – –
North Dakota – – – – – – –
Ohio – – – – – – –
Oklahoma S–1497 – – – – – –
Oregon – – – – – – –
Pennsylvania – – – – – – –
Rhode Island – – – – – H–7509
S–2732
S–2422
South Carolina – – – H–4652 – – –
South Dakota SCR–2 – – – – – –
Tennessee S–2129 – – S–2821 H–2295 – –
Texas – – – – – – –
Utah – – – – H–121 S –99 –
Vermont – – – – – S –95 H–78
Virginia – – H–33 – – S –242 –
Washington – – S–6421 – – – H–2229
West Virginia – – – – – – –
Wisconsin – – – – – – –
Wyoming – – – – – – –
Number of states/
number of bills 4/4 5/5 7/8 4/4 6/7 7/7 10/16
NOTE:  Each bill or executive order number is a clickable link to the legislation.
 Table 1. Continued—Enacted state labor legislation (senate and house bills and executive orders) report for January 1, 2012 
through December 31, 2012
Monthly Labor Review  •  February  2013  29
Continued—Enacted state labor legislation (senate and house bills and executive orders) report for January 1, 2012 
through December 31, 2012
State Whistleblowers Worker privacy Workers with disabilities
Workplace security 
and violence Other legislation
Alabama – – – –
H–152
H–704
Alaska – – – – –
Arizona – H–2723 – – H–2248
Arkansas – – – – –
California –
A–1844
A–2674 – –
A–1855
A–2675, S–111
Colorado – – – – –
Connecticut –
H–5303
S–237 – – –
Delaware – S–274 HCR–29 – –
District of Columbia – – – – –
Florida –
S–878
H–629 – – –
Georgia – – – – –
Hawaii – – – – –
Idaho – – – – –
Illinois –
H–222, H–3782
H-4592 – – –
Indiana – H–1173 – – –
Iowa – – – – –
Kansas – H–2706 H–2335 – –
Kentucky – – – – –
Louisiana – S–707 – – H–1121
Maine – H–1279 – –
Maryland – H–964 – –
H–525
S–763
Massachusetts – – – – H–4304
Michigan – – – – –
Minnesota – – – – –
Mississippi – – – – –
Missouri – – – – –
Montana – – – – –
Nebraska – L–959 – – –
Nevada – – – – –
New Hampshire – H–1687 – – H–1270
New Jersey – – – – –
New Mexico – H–19 – – –
New York –
A–8330
S–7792 – – –
North Carolina – H–964 – – –
North Dakota – – – – –
Ohio – – – – –
Oklahoma – H-2330 – – –
Oregon – – – – –
Pennsylvania – – – – –
Rhode Island –
S–2652, S–3039
S–3040, H–7615 – – –
South Carolina S–1340 – – – –
South Dakota – – S–55 –
Tennessee – H–2328 – – S–2920
Texas – – – –
Utah – H–22 – – –
Vermont – – – – –
Virginia –
H–556
S–193 – – –
Washington S–5412 – – – H–2393
West Virginia – – – – –
Wisconsin – – – – –
Wyoming – – – – –
Number of states/number of bills l 2/2 20/30 3/3 1/1 9/13
NOTE:  Each bill or executive order number is a clickable link to the legislation.
 Table 1.


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State Labor Legislation Enacted in 2012

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