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Archive for October, 2007

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

North Carolina Emancipation

Wednesday, October 31st, 2007
Posted by Priscilla

Emancipation is the freeing a minor child from the control of parents and allowing the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents’ household by agreement or demand. Emancipation may also end the responsibility of a parent ... continue reading

Colorado Emancipation

Wednesday, October 31st, 2007
Posted by Priscilla

Natalie was not getting along with her parents and desired to be out on her own. There was a problem. She just could not leave because she would be considered a runaway. There had to be a better solution. Then she heard about emancipation.

Emancipation is the granting of ... continue reading

California Emancipation

Wednesday, October 31st, 2007
Posted by Priscilla

Getting emancipated in California is relatively easy. Many times when a child asks for emancipation the relationship with their parents or guardian is irreconcilable. In some cases it is advantageous for the child to want emancipation.

Emancipation usually sometimes occurs in family situations that have been deemed by the ... continue reading

Connecticut Emancipation

Wednesday, October 31st, 2007
Posted by Priscilla

Sometimes in Connecticut a child must ask for emancipation when he/she cannot repair the relationship between their guardian or their parents. Unfortunately the need for emancipation has grown in the past few years.

A child who is requesting to be emancipated wants to become an adult because he/she wants ... continue reading

FMLA in Arizona

Wednesday, October 31st, 2007
Posted by Tamara

An Arizona employee is informed that her hours will be cut when she returns from FMLA leave, and wants to know if this is legal. It sounds as if the supervisor would be violating the Family and Medical Leave Act, or FMLA, if he took that position. The HR department ... continue reading

Federal Minimum Wage in Georgia

Wednesday, October 31st, 2007
Posted by Tamara

Many Georgia companies are covered under the federal minimum wage law.  There are very few exceptions to the minimum wage law. It is likely that an employer in Georgia must pay any part-time workers at least the current $5.85 per hour minimum wage.

There are exceptions to the law, ... continue reading

Texas Progressive Discipline

Wednesday, October 31st, 2007
Posted by Tamara

Progressive discipline is a policy that provides an objective disciplinary procedure that is fair to all employees.

In an effective progressive disciplinary system, the employee will know all of the steps and the consequences of any missteps in advance. Each company should set its own progressive discipline policies, so ... continue reading

New York Emancipation

Tuesday, October 30th, 2007
Posted by Priscilla

In New York a child must be at least 16 years old to be eligible for emancipation. There is no particular statute that covers emancipation in New York. A child or agency can start the emancipation procedures.

Many times emancipation is granted because a child was abused, abandoned or ... continue reading

New Mexico Emancipation

Tuesday, October 30th, 2007
Posted by Priscilla

New Mexico has case law that allows a minor to become emancipated. Normally there is a petition that is stated by the minor in the New Mexico juvenile court. By no means is emancipation a guaranteed remedy.

There are a few reasons that emancipation should be enacted for a ... continue reading

Maryland Smoking Breaks

Tuesday, October 30th, 2007
Posted by Tamara

How many smoking breaks is an employer in Maryland legally required to give an employee, per day? Sorry, smokers, but the answer is, none whatsoever. No law requires a Maryland employer to give a worker a smoking break. That means neither federal nor state law mandates it. There are union ... continue reading

Federal Minimum Wage in Alabama

Tuesday, October 30th, 2007
Posted by Tamara

Does a company have to pay workers the minimum wage if they have less than 10 employees? Should part-time workers be paid the minimum wage? These questions concerns an Alabama company covered by the federal minimum wage.

Many factors determine whether or not minimum wage laws cover this firm, ... continue reading

FMLA in Virginia

Tuesday, October 30th, 2007
Posted by Tamara

If an employee uses paid time off for a serious medical problem in Virginia, can that be counted towards their 12 weeks of unpaid leave under FMLA?

Under some circumstances, it may be deducted. It will depend partly on the state the worker is in and partly on company ... continue reading

Iowa Sexual Harassment

Tuesday, October 30th, 2007
Posted by Tamara

What should the HR department do if a supervisor sends explicit photos to male friends and coworkers, and regales them with off-color jokes?  Some people would say that this is not sexual harassment because everyone involved is male…but they would be wrong.

Put aside for a moment the fact ... continue reading

Ohio Maternity Leave

Tuesday, October 30th, 2007
Posted by Tamara

Many employees wonder if Ohio has a maternity leave law. The short answer is no.  Ohio is one of 39 states that does not have any laws on its books to provide expectant mothers the benefit of a short-term disability leave.  Instead Ohio and these 38 other states rely on ... continue reading

Paid Time Off and FMLA in Indiana

Monday, October 29th, 2007
Posted by Tamara

One reader wants to know if their paid time off can legally be counted towards their FMLA, in Indiana. The answer is yes, under certain guidelines. The U.S. Department of Labor says that employers in Indiana may set policies pertaining to this. Depending on the state the worker is in ... continue reading

Florida Sexual Harassment

Monday, October 29th, 2007
Posted by Tamara

Here’s an interesting situation. Imagine that the HR department has received several complaints of a supervisor who sends explicit sexual pictures to his male friends and coworkers and tells off-color jokes to them. The person complaining is male. Is there such a thing as sexual harassment of a male by ... continue reading

Utah FMLA

Monday, October 29th, 2007
Posted by Tamara

Can an employer cut a worker’s hours when the worker returns from FMLA leave? What if the supervisor says “yes” while the HR department says “no”? Go with the HR department on this one. It’s right. The supervisor would be breaking the law under these circumstances.

Why? Because the ... continue reading

Tennessee State Worker Safety

Monday, October 29th, 2007
Posted by Tamara

The state of Tennessee operates its own worker safety agency, commonly known as TOSHA, the Tennessee Occupational Safety and Health Administration. While 29 of the 50 United States have chosen to operate under the auspices of the federal OSHA (Occupational Health and Safety Administration) guidelines, Tennessee is not one of ... continue reading

Missouri Smoking Breaks

Monday, October 29th, 2007
Posted by Tamara

How many smoking breaks is an employer in Missouri legally required to give an employee, per day? No law in Missouri, whether state or federal, requires any kind of break whatsoever during the workday. If an employee is over 18, the employer may legally require that employee to work for ... continue reading

New Jersey Emancipation

Monday, October 29th, 2007
Posted by Priscilla

When a child becomes emancipated they are asking the judge to grant them authority to do the same things as a person who has reached the Age of Majority which is or 18 or 19 years old in most states.  In the State of New Jersey this age is 18.  ... continue reading

New Hampshire

Monday, October 29th, 2007
Posted by Priscilla

Rebecca was living with her parents but things were not going well.  She heard about emancipation and how it can help children that have problems with parents or guardians. Sometimes the court will try to find alternatives to emancipation, but it does depend on the circumstances.

In New Hampshire ... continue reading

Nebraska Emancipation

Monday, October 29th, 2007
Posted by Priscilla

There is no specific statute in Nebraska therefore the request for emancipation has to be heard in court on an individual basis.  As long as there is a valid reason, the minor could be emancipated provided he/she meets certain requirements.

Emancipation is the release of a minor from parental ... continue reading

Montana Emancipation

Monday, October 29th, 2007
Posted by Priscilla

Emancipation is the freeing of a child from parental control.  In most states there are statutes that cover emancipation and in Montana there are laws that make it relatively easy to qualify.  There are a few stipulations that must be considered before a child is emancipated. 

First, the court ... continue reading

Maine Progressive Discipline

Friday, October 26th, 2007
Posted by Tamara

In its most simplistic terms, progressive discipline refers to a company policy in place that clearly defines what actions will be implemented against an employee for each subsequent violation of a rule or policy.

Each and every step of the progressive discipline system must be documented in writing, even ... continue reading

Oregon Internet Gambling at Work

Friday, October 26th, 2007
Posted by Tamara

Should Oregon employers be concerned about Internet gambling and porn at work?  This question is perhaps more complex than it appears, as there may be several additional issues involved.  Employee exposure, even if unintentional, to pornographic material at work can constitute sexual discrimination.  A “hostile work environment” can be created ... continue reading

New Mexico State Worker Safety

Friday, October 26th, 2007
Posted by Tamara

New Mexico has taken the option of establishing its own worker safety agency, commonly known as NMOSHA, the New Mexico Occupational Safety and Health Administration.

This government organization is responsible for the employee safety of all businesses in New Mexico including private businesses and non-profits, as well as local ... continue reading

South Dakota Maternity Leave

Friday, October 26th, 2007
Posted by Tamara

South Dakota is one state that has no maternity leave or short-term disability laws at the state level. In addition to South Dakota, here are 38 other states of the 50 that also rely on federal laws to protect employees in these situations.    All 39 of these states rely on ... continue reading

Oklahoma: State or Federal OSHA?

Friday, October 26th, 2007
Posted by Tamara

While there are 21 states that have set up their own state worker safety agency, Oklahoma is not among them.  The federal OSHA, or Occupational Safety and Health Administration, an employee safety program, was signed into law in 1970 as the Occupational Safety and Health Act. Under the provisions of ... continue reading

Missouri Emancipation

Thursday, October 25th, 2007
Posted by Priscilla

Last year a child named Tammy was having problems at home with her parents and really wanted to leave home. She needed to be free from their grasp; however she was not sure how to do it. The problem with leaving was she was still under her parents control and ... continue reading

Mississippi Emancipation

Thursday, October 25th, 2007
Posted by Priscilla

In order to become and adult in Mississippi a minor must reach the age of 21. There are some minors that cannot wait to become and adult due to household problems, the need for their own financial support, pregnancy, abandonment or even abuse. If a child is married (provided they ... continue reading