For more than 40 years it has been against the law in Illinois and throughout the U.S. to discriminate against employees based on their religion or religious practices. The applicable federal law is Title VII of the Civil Rights Act of 1964. The law not only prohibits ... continue reading
Employees in Connecticut and throughout the rest of the U.S. are entitled to take unpaid, job-protected leave for a serious health condition by the hour, if they wish, and need not schedule the time off in advance. The practice is called “unscheduled, intermittent FMLA leave.” It is ... continue reading
Massachusetts workers who are suffering a short-term disability may be disappointed when they discover that the state has no legislation requiring employers to pay short-term disability. There are some options, however, that employees in Massachusetts are encouraged to explore. One of them is the Family ... continue reading
In Idaho and elsewhere throughout the U.S., it is an example of illegal religious discrimination when an employer refuses to allow a worker to take prayer breaks at work. The applicable law is Title VII of the Civil Rights Ac t of 1964. Under the law, employers ... continue reading
Most companies have instituted policies regulating written warnings for employees. Such policies have, in fact, become standard operating procedure for many firms. No Florida or other state or federal law covers procedures for written disciplinary notices. The process has been established simply because it is the best ... continue reading
Some employees take smoking breaks. Others take breaks to enjoy a coffee and doughnut. Why, then, should a New York employee not be allowed to use the break time to practice his or her religious belief? That is one useful approach employees could take when ... continue reading
The Family and Medical Leave Act of 1993, commonly called the FMLA, guarantees workers in Colorado and the rest of the U.S. the right to as many as 12 weeks of unpaid, job-protected leave annually. The time may be taken at the birth of a child or ... continue reading
There are at least three options open to Kansas employees who need to receive short term disability benefits. One of the most significant is the Family and Medical Leave Act, or FMLA. Thanks to this federal law, employees who qualify are entitled to as much as 12 ... continue reading
Employers in Missouri as well as the rest of the U.S. are legally required to make what are called “reasonable accommodations” for a worker’s “sincerely held” religious beliefs. Since 9/11, religious discrimination against Muslims in the workplace has led to several court cases. Dress code ... continue reading
No federal law mandates or speaks to written warnings for employees. In fact, no state laws address the matter, either. Most companies, however, have developed what is called a formal and progressive discipline procedure. The typical policy allows for one or more verbal reprimand or warning, usually ... continue reading
There are only five states in the U.S. where legislation mandates that employers pay benefits to workers for short term disabilities. Missouri is not one of the five. They are New Jersey, California, New York, Rhode Island, and Hawaii. In Rhode Island, short term disability may be ... continue reading
Many employees are surprised to learn that there is no 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” merely ... 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
The U.S. Department of Labor recently identified a major problem with child labor in the agriculture industry in Georgia and across the nation. While many think of this issue in conjunction with sweatshops in Asia, there is a very real Georgia child labor problem. ... 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. ... continue reading
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? ... 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
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
