ATV usage on the job in Vermont continues to grow. This is true not only for the recreation and tourist industry but for many other business ventures where the workplace is often outdoors. The all terrain vehicle or ATV is more than a child’s toy or adult plaything. It ... continue reading
Private employers in Minnesota usually cannot perform polygraph tests during the hiring process. Federal law applies in this matter, since there is no state law. Federal regulation allows government entities to use polygraph tests as a part of the employment process, including hiring. Under certain circumstances, private business may ... continue reading
Federal courts have determined that employers must make reasonable accommodation for disabled employees. The principle is that discrimination in the work place, based upon disability, is prohibited under the Americans with Disabilities Act of 1990. Pennsylvania employees with disabilities are protected from discrimination from the time they ... continue reading
The major principle governing light duty work assignments in Iowa is fairness. In some cases, employers are not required to provide light duty work for employees. Job conditions might make such assignments easy to accomplish, or might make them virtually impossible. Therefore, this matter has been left to the ... continue reading
There is no federal law that prohibits discrimination based on sexual orientation in South Carolina . Other states have enacted laws to provide this protection since federal law does not outlaw such practices. New Jersey has the Law Against Discrimination which prohibits any employment decision based on sexual orientation. ... continue reading
Many employees have questions regarding light duty in Mississippi . While many Mississippi employers offer alternate assignments to workers on a light duty restriction, there is no law requiring the employer to pay the worker, if no work exists. Some employers find that light duty ... continue reading
Federal laws prohibiting discrimination in the workplace began with the Civil Rights Act of 1964. Discrimination based upon a wide range of factors is specifically addressed in the act. This includes discrimination based on religion, race, sex, color, and national origin. Other federal have further outlined the national prohibition ... continue reading
Employees in Kentucky could be subjected to a pre-employment polygraph test if they are applying for a government position or for a job, which carries special security concerns. However, most Kentucky employers are prohibited from using polygraphs for pre-employment screening under federal law. The U.S. ... continue reading
Rhode Island employers should be aware of a recent court case in Arizona related to dress code and religion. In 2002 an Islamic woman was awarded over $280,000 by the EEOC. Her employer, a Phoenix rental car agency, had required that she not wear a headscarf. She ... continue reading
The American’s with Disabilities Act of 1990 as well as other federal laws govern how employers in Nevada handle access to confidential employee files containing medical information. This information must be kept separate from employee personnel files. There is no specific set of guidelines or regulations that ... continue reading
Tennessee employees with short term disability benefits normally are covered by private insurance, because there is no state disability plan. In California , Rhode Island , Hawaii , New York , and New Jersey short term disability benefits are provided under a state plan, this is not ... continue reading
Under Title VII of the Civil Rights Act of 1964 setting a height requirement for a condition of employment would be considered discrimination. That’s because such a requirement would have a disproportionate effect on members of certain ethnic groups. This requirement would also be gender-biased because setting a height requirement ... continue reading
Employees in every state including South Dakota are protected under the FMLA. This federal act provides protection for an employee by requiring that the employee’s job be made available to that same employee when they return to work from approved family leave. An employer may provide a very similar ... continue reading
In Ohio , many employers subscribe to the theory of “employment at will.” In 11 other states this is not true. Alabama , Alaska , Arizona , California , Delaware , Idaho , Massachusetts , Montana , Nevada , Utah and Wyoming all function under a different ... continue reading
In West Virginia , as in many states, in the absence of a contract, the doctrine of “employment at will” prevails. For the employer this means that an employee may be terminated at any time, for any reason, or even without any reason at all. For the ... continue reading
Maryland employers should be aware that they are required to take whatever action is necessary to ensure that access to files containing confidential employee information—including medical information — be properly restricted. By law, medical information or information on any disability must be kept in a separate file from other ... continue reading
Many employees in Missouri have questions about short term disability. Part of the confusion is a result of the fact that there is no state plan for STD, as there is in some states. The reality is that STD plans in Missouri are essentially private insurance plans even if ... continue reading
Title VII of the Civil Rights Act of 1964 is a federal law, which governs all employers in Oklahoma, and deals with discrimination in the work place. Under this law, the employer has the obligation to ensure that discrimination is not practiced as a part of his ... continue reading
Recently, a copy of the original score for the Paul McCartney song “Yesterday” was found in an attic in England. The man who found this treasure decided to sell it at auction. He had every right to do so, and in fact netted over $1 million dollars. However, while ... continue reading
There are many misunderstandings between employers and employees regarding written warnings. If a Utah employer must provide a worker with a written “warning,” the employee may believe that signing the warning is an admission of guilt. This is not true. Written warnings are used to show the ... continue reading
In all but 11 states, the concept of “employment at will” applies to employment relationships where there is no employment contract. This policy has implications for both employees and employers. In New Jersey , the “at will” concept, which has its roots in common law, has been ... continue reading
Due to passage of the historic Americans with Disabilities Act of 1990 ( ADA ) Oklahoma employers must make “reasonable accommodations” for an employee with disabilities. However what makes up a “reasonable accommodation” could differ from company to company. As an example, a realty company permits agents ... continue reading
Oregon employers must take the protection of confidential employee files very seriously. There are those situations where these files are kept in maintenance closets, unlocked office areas, or even client waiting areas. Employers who allow such a set up to continue are asking for trouble. Federal legislation, ... continue reading
Title VII of the Civil Rights Act of 1964 prevents a Nebraska employer from implementing any policy that limits opportunities for members of a protected group, even if discrimination is not the purpose of the policy. In most cases, a height requirement would fall into the category ... continue reading
Suppose Ted discovered an original draft of the “New Jersey State Song”, by S.H.M. Byers in his attic. He might have found a valuable piece of New Jersey state history. However, finding that item would not give Ted the copyright to the song. The copyright can only be conveyed ... continue reading
Many Louisiana employees wonder if they can be take short term disability more than once per year. And, can an employee be terminated while on short term disability? In Louisiana , as in most states, short term disability payments are provided to employees by private insurance carriers. ... continue reading
Employees in Nebraska are protected from discrimination in the work place. In particular, one type of discrimination, which is prohibited in Title VII of the Civil Rights Act of 1964, is religious discrimination. One area where employees may be affected is in the dress code. Federal law requires that ... continue reading
Employees in Massachusetts are protected against a broad spectrum of discrimination on the job site. This protection must be maintained by the employer whose responsibility it is to insure that his or her company complies with federal laws and regulation. Included in the vast array of federal ... continue reading
Copyright laws protect original intellectual property. Copyright laws are federal laws and are generally recognized internationally. Intellectual property includes many different types of items. Written works, songs, paintings, photographs, radio or television broadcasts are all considered intellectual property. In Indiana , as in every state, copyright protection ... continue reading
Short term disability benefits and FMLA leave can sometimes overlap and create confusing situations for Florida employees and employers. Because of the potential confusion about these employee benefit programs, both the employer and employee need to have a good understanding of their particular set of circumstances and ... continue reading
