Many employees are surprised to learn that there is no law Louisiana holiday pay law. In fact, there is no law requiring employers to give workers paid holidays in any state, or under federal law.
There are no government-sanctioned holidays in the US. The term “federal holidays” ... continue reading
There is no law that a Virginia employer must provide benefits like paid vacations, paid sick leave or paid holidays. It is strictly up to the employer whether or not they will offer these benefits.
Under both federal and Virginia minimum wage laws, an employer must pay ... continue reading
Many employees are surprised to learn that there is no Texas lunch law. Nor is there any federal law that an employer must provide meal breaks for employees in general industry.
It is completely lawful for a Texas employer to require employees to work for 8, 10 ... continue reading
An Indiana business owner wants to know, “Can I grant comp time to workers instead of paying overtime?”
Across the state, an employee writes, “I was just recently hired in an hourly job. My new employer very graciously agreed to give me two weeks of unpaid vacation, ... continue reading
Many employees in Michigan have questions about hostile work environments.
The hostile work environment is one of the most misunderstood concepts in Human Resources. This is partly because it is regularly misused in the popular media, including sitcoms like The Offi ce, starring comedian Steve Carell.
The Fair Labor Standards Act (FLSA), a federal law, mandates that employees who work more than 40 hours on one work week are entitled to overtime pay. The rate for overtime is 1.5 times the employee’s usual hourly rate. There are occupations that are exempt from overtime, including salaried ... continue reading
In a recent year, the U.S. Department of Labor recovered over $25 billion in employee benefit funds. These funds had been misappropriated by employers to help solve cash flow problems and for company officers to treat themselves to new cars, houses and even race horses. Unfortunately, the amount recovered ... continue reading
The majority of the health and pension plans established by private industry are covered under ERISA (Employment Retirement Income Security Act of 1974). This law applies to employees in New Hampshire and across the country. ERISA was enacted to set minimum standards for health and pension plans, including 401k ... continue reading
Several federal laws and court cases mandate that an employee’s personal data be kept confidential. This data includes age, race, gender, country of origin, religion, color, medical condition and disability status. Federal law requires employers to keep disability information separate from the employee personnel files, and to keep it ... continue reading
Do Wyoming employers have to pay overtime to their salaried employees?
It depends. The Fair Labor Standards Act (FLSA) mandates that employees who work more than 40 hours in one work week receive overtime pay. The rate of pay is 1.5 times the employee’s average hourly rate. ... continue reading
Many Wisconsin employees wonder about their paid sick leave. Is there a state law that requires employers to give workers a specific number of days of paid sick time?
The answer is no. There is no Wisconsin law mandating the number of sick days a company is ... continue reading
If a Utah employee is on short term disability for 11 weeks, can he or she be terminated for being away from work too much? Is short term disability restricted to only once a year, or can a worker utilize benefits more than once per 12 months?
Illinois employees are wondering if their benefit funds are protected by law.
The answer is yes, for most plans. The majority of private industry pension and health plans, including 401ks are protected by ERISA (Employee Retirement Income Security Act of 1974). This federal law applies to Illinois ... continue reading
Every employee has the right to expect his or her private health information to be considered private. The Americans with Disabilities Act of 1990 (ADA) mandates that a worker’s disability status be kept confidential. The Health Insurance Portability and Accountability Act also mandates that a person’s medical information remain ... continue reading
Most Missouri employers consider salaried employees ineligible for overtime, but that isn’t always the case. Depending on the occupation, salaried employees can qualify for overtime pay.
According to the Fair Labor Standards Act (FLSA) employees are entitled to 1.5 times their usual hourly rate when they work ... continue reading
Policies for providing Florida employees paid sick leave are determined by each individual employer, if the employer decides to offer this benefit. Employers have this right, because they are not legally obligated to provide paid sick time at all. There is no Florida law that requires it. There is ... continue reading
Nevada employees have two questions about short term disability. Can a worker be terminated while on short term disability? Can a worker go on short term disability more than once a year?
The answers to both of these questions depend on the terms of the short term ... continue reading
A Hawaii employee is suspicious about his 401k statements. His contributions are deducted from his paycheck, but don’t show up as deposits on his 401k statements. What actions should the employee take, if any?
The Hawaii employee should immediately place a call to the Employment Benefits Security ... continue reading
Nebraska employees wonder exactly what type of information is considered confidential, and how their “two-lock” system of maintaining confidentiality works.
There are several federal laws that require certain types of employee data to be kept confidential, including Title VII of the Civil Rights Act of 1964, the ... continue reading
Many Texas employers have asked if salaried employees are eligible for overtime.
The answer to this question is yes and no. Eligibility for overtime is determined by the FLSA (Fair Labor Standards Act). This federal law mandates that employees who work more than 40 hours in one ... continue reading
If an employer has a union contract in place which requires the employees to be paid for sick leave, that employer must provide paid sick leave. If there is no contract in place, the employer doesn’t have to provide any sick days at all.
Many employees wonder, can a New Mexico worker be terminated due to missing work while on short term disability?
In most cases, the answer is yes. Short term disability benefits do not guarantee an employee’s job. If the worker is away from work too much, the company, ... continue reading
Illinois employees are wondering if their benefit funds are protected by law.
The answer is yes, for most plans. The majority of private industry pension and health plans, including 401ks are protected by ERISA (Employee Retirement Income Security Act of 1974). This federal law applies to Illinois ... continue reading
According to the Americans with Disabilities Act of 1990 (ADA), an employee’s disability information must be kept confidential. Other federal laws, such as HIPAA (Health Insurance Portability and Accountability Act) and Title VII of the Civil Rights Act of 1964, mandate that certain types of employee data can be ... continue reading
Overtime pay is defined and mandated by the FLSA (Fair Labor Standards Act). Under this law, employees who work more than 40 hours in one work week are entitled to overtime pay at the rate of 1.5 times their usual hourly pay.
There are ten states in the U.S. that pay employees for their accrued vacation time when they leave the job. No state pays for accrued sick leave upon termination. In fact, there is no Vermont law or federal law requiring companies to provide its workers with any paid sick ... continue reading
Pennsylvania employees want to know exactly what benefits they are entitled to when on short term disability. Is it legal for a worker to lose his job as a result of taking too much time off work? Can an employee go on short term disability again within the same ... continue reading
When a South Dakota employee cannot work due to illness or disability, he or she can receive short term disability benefits. These benefits vary from company to company, because short term disability is private insurance and offers many different plans. An employee’s job is not guaranteed while on short ... continue reading
Many Iowa employees wonder who oversees their 401k plans. In 1974, the federal government established ERISA (Employee Retirement Income Security Act). ERISA sets the standards for most of private industry’s pension and health plans, including 401ks. This federal law applies to employees in Iowa and throughout the United States. ... continue reading