2008 Outlook for the States

2008 Expected To Be a Very Busy Year For HR Issues in State Legislatures

As partisan gridlock maintains its stranglehold on the U.S. Congress, more and more state legislatures are turning their attention to workplace policies that, if enacted into law, would have a direct impact on the day-to-day activities of HR professionals.

SHRM anticipates 2008 will be even more active than 2007 – with a number of states already poised to consider legislation dealing with immigration reform, paid leave, and workplace weapons policies.  Here's a brief summary of what we expect in the coming months:

• Immigration Reform – Last year, a handful of states enacted legislation that mandates employer participation in the U.S. Department of Homeland Security's voluntary "E-Verify" program as a condition of contracting with the state.  Arizona and Oklahoma went even further – requiring all employers in their respective states to use verify the work-eligibility of new hires.  Those who fail to comply risk their ability to do business in the state.  (See related story in this issue.)

• Paid Leave – Last year, Washington was the only state to enact legislation establishing a paid leave program for employees in the state, joining California whose law became effective back in 2004.  Other states, however, including New Jersey and New York, are exploring expansion of their short-term disability programs to provide for paid leave.  In November, Ohio voters will likely decide the outcome of a ballot initiative designed to require employers in the state to provide 7 days of paid sick leave.

• Weapons in the Workplace – Already, a handful of states have either pre-filed or carried-over legislation that would prohibit employers from enforcing a workplace policy banning weapons on company property.  Last year, 13 states considered similar legislation, with Kansas passing a new law allowing concealed-weapons permit holders to store weapons locked in their vehicles while parked on company property.

Throughout 2008, SHRM will continue to monitor developments with these and other HR issues on the state-level and, when solicited by the respective SHRM state council for assistance, will issue HR Voice alerts to members when advocacy efforts on such issues are merited.