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Archive for September, 2007

You are currently browsing the Labor Law Talk Blog weblog archives for September, 2007.

Alaska Wills

Sunday, September 30th, 2007
Posted by Priscilla

People who own property or have children in the State of Alaska should definitely have a will to protect their loved ones and their assets.  Not having a will can prove to be detrimental to the family that is left behind after the death of the loved one.

A ... continue reading

Alabama Wills

Sunday, September 30th, 2007
Posted by Priscilla

Unfortunately, there are a few things that are certain in life – taxes and death.  When a person dies and he/she has property, money or children, it is important that those precious assets be protected by a will in the State of Alabama.

A will is a legal document created ... continue reading

Hawaii Worker Safety

Friday, September 28th, 2007
Posted by Tamara

Many people have asked what agency regulates worker safety in Hawaii.  As a Hawaii employee, you will need to follow the safety regulations of the state of Hawaii.  The Hawaii Occupational Safety and Health Administration, HIOSHA, is in charge of workplace health and safety laws.  Under this state agency, the ... continue reading

Florida Maternity Leave

Friday, September 28th, 2007
Posted by Tamara

The state of Florida does not have a separate maternity leave law. Florida provides leave under the federal FMLA, Family and Medical Leave Act, for expectant parents.  Out of the 50 United States, 39 do not have significant laws for maternity leave or short-term disability.  These states tend to simply ... continue reading

Utah Short Term Disability

Thursday, September 27th, 2007
Posted by Tamara

Sadly, neither Utah state laws, nor federal laws, require that an employee receive income during short term disability.  Regardless of the reason a person is disabled (the birth of a child, an accident, or medical treatments), paid time off is not demanded by law.  When a person is receiving Social ... continue reading

California State Worker Safety

Thursday, September 27th, 2007
Posted by Tamara

As an employee in California, you are subject to the health and safety regulations of CalOSHA, which is the California Occupational Health and Safety Administration.  Any complaints about worker safety should be directred to CalOSHA. CalOSHA is administered by the state Division of Occupational Safety and Health, or DOSH. California ... continue reading

Discrimination in Nebraska

Thursday, September 27th, 2007
Posted by Tamara

Basing promotions, earning potential or store assignments on race or color sound like discrimination.  Any company policy that places limits on a group based on skin color, religion or sex is discrimination.  There is simply no way to justify restricting someone because of these trivial factors.  Even if the employer ... continue reading

Rhode Island: State or Federal OSHA?

Thursday, September 27th, 2007
Posted by Tamara

The federal Occupational Safety and Health Administration (OSHA) has jurisdiction over worker safety in Rhode Island and 25 other states in the country.  All of the laws regarding worker safety and health in these 26 states were created by the federal OSHA. Any employee who has complaints about worker safety ... continue reading

Michigan Escheat Laws

Tuesday, September 25th, 2007
Posted by Tamara

Most people have heard the word “escheat” used in a real estate context, but are puzzled about its meaning.

In simple terms, escheat is the rule of law that says, if a person dies without any heirs, his or her property – including real estate – reverts to the ... continue reading

Disciplinary Notices in Oklahoma

Tuesday, September 25th, 2007
Posted by Tamara

It is the belief of many employees that written warnings are not valid unless they sign them.  This is a common misconception.  Written disciplinary warnings are not intended to be incriminating documents.  Many employees think that signing a written notice like this would be to admit that they are guilty ... continue reading

Religious Discrimination in Ohio

Monday, September 24th, 2007
Posted by Tamara

Under Title VII of the Civil Rights Act of 1964, employers have an obligation not to discriminate based on race, color, religion, sex, or national origin. This includes areas such as job applications, hiring, training, salary, benefits, promotions, discipline and termination.

Very simply, discriminating against a person at work ... continue reading

Pennsylvania Copyright

Monday, September 24th, 2007
Posted by Tamara

When someone is given a copy of an original work, like a recipe, poem, software, or photograph, does that mean they own the rights?  The answer is no.  As federal law outlines, only the creator of an original work holds the copyright.

If the creator of a work decides ... continue reading

Religious Discrimination in New Mexico

Friday, September 21st, 2007
Posted by Tamara

It is the right of all employees not to be discriminated against.  In 1964, the Civil Rights Act made it clear that employers can not discriminate based on national origin, sex, religion, color or race.  No one should be denied an application to a position, training, salary, benefits, or promotions ... continue reading

Nebraska Escheat Laws

Friday, September 21st, 2007
Posted by Tamara

What happens to Nebraska property when the owner of the property dies? 

The rule of law, which says that property that belonged to someone who died, without heirs, goes back to the government, is called escheat.  If there is no heir, the government will take ownership of the property, ... continue reading

Religious Discrimination in Michigan

Thursday, September 20th, 2007
Posted by Tamara

The areas of hiring, salary, training, promotions, and benefits are just a few aspects of a job that should be handled fairly in Michigan and other states. It should not matter if a person is Hindu, Latino, or female when it comes to these matters.  Reasonable accommodations should also be ... continue reading

Intermittent FMLA in Louisiana

Thursday, September 20th, 2007
Posted by Tamara

In the United States, the Family and Medical Leave Act (FMLA) was passed in 1992.  This act is to protect workers from losing their jobs if they have to take a leave of absence from work for medical reasons.  This act provides for up to 12 weeks of unpaid leave ... continue reading

Vermont Copyright

Wednesday, September 19th, 2007
Posted by Tamara

United States copyright laws are federal statutes.  Some people use the term, “international copyright laws”, but that is because just about every other country adheres to copyright laws similar to those in the U.S., and vice versa.

The products of the individual imagination, like songs, paintings, or software, are ... continue reading

Intermittent FMLA in Idaho

Wednesday, September 19th, 2007
Posted by Tamara

The United States Department of Labor has recently reported that employers in Idaho, and across the country, have raised concerns about the unscheduled and non-consecutive use of family and medical leave.

According to FLMA, the Family and Medical Leave Act, employees of medium to larger companies (50 or more ... continue reading

Religious Discrimination in Florida

Tuesday, September 18th, 2007
Posted by Tamara

It is against the law to discriminate in Florida, according to Title VII of the Civil Rights Act of 1964.  Employers should also make reasonable accommodations for their employees’ sincerely held religious beliefs.  These accommodations might include work hours, schedule, uniform and dress codes. 

Religion, along with sex, national ... continue reading

Kansas Escheat Laws

Tuesday, September 18th, 2007
Posted by Tamara

Many people in Kansas are familiar with the term escheat but are not clear on its meaning.  It is a common term used in a real estate context, and it refers to the transferring of title to the state.

Escheat is the word that is used to describe the ... continue reading

Iowa Copyright

Friday, September 14th, 2007
Posted by Tamara

Many people have questions about Iowa copyright laws. The laws governing copyright in the U.S. are actually federal laws, although you often hear the expression “international copyright laws.” That’s because virtually every other country recognizes the U.S. copyright laws, just as we recognize theirs.

Copyright laws cover intellectual property. ... continue reading

Intermittent FMLA in New Hampshire

Friday, September 14th, 2007
Posted by Tamara

Employers in the state of New Hampshire, and other states in the country, have raised concerns regarding the Family and Medical Leave Act of 1992 (FMLA).  This issue is regarding the random and unscheduled use of leave time.

As it stands today, FMLA allots 12 weeks, or 480 hours, ... continue reading

Disciplinary Notices in Montana

Thursday, September 13th, 2007
Posted by Tamara

There are a number of Human Resource professionals and large companies in Montana that use disciplinary notices as a system for regulating employee behavior and procedures.  Even though written warning notices are not required by law, it is a highly effective practice.  Employees tend to regard written warnings as more serious ... continue reading

Intermittent FMLA in Delaware

Thursday, September 13th, 2007
Posted by Tamara

The Family and Medical Leave Act of 1992 (FMLA) allows employees with a “serious medical condition” to take time off work.  This leave does not need to be scheduled, which is part of the reason why parts of this act are debated.

The United States Department of Labor reports ... continue reading

Kentucky Copyright

Wednesday, September 12th, 2007
Posted by Tamara

Kentucky copyright laws are in line with the federal copyright laws of the United States.  All intellectual property is protected from the moment that this property is set onto a fixed medium.

That might sound complicated, but it is really quite simple.  Intellectual property is the creation of something ... continue reading

Disciplinary Notices in Hawaii

Wednesday, September 12th, 2007
Posted by Tamara

It is a common misconception among employees that not signing a disciplinary notice will make it invalid.  Written warnings given to employees are typically filed on record, whether the employee signs it or refuses to sign.  A signature would not be an admission of guilt, but a confirmation that the ... continue reading

Oregon Escheat Laws

Monday, September 10th, 2007
Posted by Tamara

The term escheat is common in the context of some Oregon real estate discussions.  Not everyone understands exactly what it means, however.  Basically, it is the guideline for handling property that was in the possession of someone who dies if there are is no will.  In short, the government takes the ... continue reading

Religious Discrimination in Alaska

Monday, September 10th, 2007
Posted by Tamara

Within the United States, citizens have religious freedom.  This freedom extends into every aspect of a person’s life, including their job.  It is important for employers to realize that it is required that they make certain accommodations for the religious beliefs of their employees, within reason.

If an employee ... continue reading

Intermittent FMLA in Alabama

Friday, September 7th, 2007
Posted by Tamara

The Family and Medical Leave Act of 1992 (FMLA) is a law that offers unpaid time off to individuals who work for companies that have 50 or more employees within a 75 miles radius.  Any employee of a company this size or larger who has been employed with them for ... continue reading

Georgia Escheat Laws

Friday, September 7th, 2007
Posted by Tamara

The rule of law called escheat dates back to English common law.  During medieval times in England, all land belonged to the Crown (or the King).  The land was distributed to lords, who then distributed it to tenants.

The death of a tenant would cause the property to go ... continue reading