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Archive for December, 2007

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

ADEA in New Hampshire

Monday, December 31st, 2007
Posted by Diane

Many employees in the state of New Hampshire will be covered by the Age Discrimination in Employment Act. The ADEA is a federal Act that helps to provide employment rights to employees that are over the age of 40. However, the ADEA does not protect the employment rights of employees ... continue reading

Posting Requirements North Carolina

Sunday, December 30th, 2007
Posted by Diane

Employees across the country, including in the state of North Carolina, should be able to review the labor laws that impact them at work. Employers are required to post the labor law notifications on posters that should be displayed prominently in a public space. Such a public space may include ... continue reading

WHCRA Nebraska

Sunday, December 30th, 2007
Posted by Diane

The Womens Health and Cancer Rights Act provides certain health care benefits to employees in the state of Nebraska that already have health coverage plans that cover the cost of a mastectomy. Employees receive their benefits through the health care coverage company and not through the employer. However, the employee ... continue reading

ADEA Nevada

Sunday, December 30th, 2007
Posted by Diane

The Age Discrimination in Employment Act covers employees in the state of Nevada as well as in state across the country. The Act is in place in order to ensure that workers over the age of 40 are not discriminated against in the workplace based on their age. However, the ... continue reading

FMLA for Pets in Nevada

Sunday, December 30th, 2007
Posted by Diane

Employees across the country, including in the state of Nevada, may be able to receive time off benefits in order to care for their own health care issues or for the health care issues of covered family members. However, the employees may not take time off of work in order ... continue reading

USERRA Missouri

Sunday, December 30th, 2007
Posted by Diane

Employees across the country are covered by the Uniformed Services Employment and Reemployment Rights Act in Missouri. Additionally, employees in states across the country are covered by USERRA. This is a federal Act that was put into place in 1994 in order to replace the Veterans Reemployment Rights Act.

... continue reading

Posting Requirements Nevada

Sunday, December 30th, 2007
Posted by Diane

Employees in all states should be able to learn about the labor laws that impact them by reviewing labor law posters that are displaced in work. Employers are required to post labor law posters in public areas so that employees have constant access to the posters at any time they ... continue reading

USERRA in Nebraska

Saturday, December 29th, 2007
Posted by Diane

Employees in the state of Nebraska are covered by the Uniformed Services Employment and Reemployment Rights Act if they wish to make a military commitment. The USERRA is a federal Act that replaced the Veterans Reemployment Rights Act when it was signed into place in 1994. Under the Act, employers ... continue reading

Posting Requirements in North Dakota

Saturday, December 29th, 2007
Posted by Diane

Employees have a right to review the labor laws that impact them in the workplace by reviewing labor law posters that should be displayed in the workplace. The employer is obligated to display labor law posters that outline the federal and state labor laws that impact a place of work. ... continue reading

WHCRA in Nevada

Saturday, December 29th, 2007
Posted by Diane

Many employees are eligible to receive benefits under the Womens Health and Cancer Rights Act. This federal Act was put into place by Congress in 1998 in order to provide employees with health care benefits in the event that they have a mastectomy. The WHCRA applies to health care coverage ... continue reading

ADEA in North Carolina

Saturday, December 29th, 2007
Posted by Diane

Many employees will be able to receive benefits under the Age Discrimination in Employment Act. However, in order for an employee to receive benefits under the Act, the employee needs to work for a company that is covered and the employee needs to be over the age of 40. With ... continue reading

FMLA for Pets in Nevada

Saturday, December 29th, 2007
Posted by Diane

Pets are not covered by the Family and Medical Leave Act in the state of Nevada. However, the FMLA does allow employees to take time away from work if they need to tend to the medical or health issues of themselves or of covered family members. Even though many employees ... continue reading

USERRA in Montana

Saturday, December 29th, 2007
Posted by Diane

USERRA stands for the Uniformed Services Employment and Reemployment Rights Act. This is a federal Act that applies to employees in all states across the country, including employees in the state of Montana. Congress signed USERRA into place in 1994 in order to replace the Veterans Reemployment Rights Act.

... continue reading

Breaking A Lease in Missouri

Thursday, December 27th, 2007
Posted by Priscilla

In Missouri when a tenant breaks a lease, the law will be on the landlord’s side.  The tenant has the responsibility for honoring the terms of the lease. However, if the lease is broken the tenant would be responsible for paying out the term of the lease or face a ... continue reading

Delaware Job Security under FMLA

Thursday, December 27th, 2007
Posted by Tamara

When a Delaware employee needs to take time off and the FMLA, Family and Medical Leave Act, is applied, does the company have to keep the job open?

It depends on how you look at it.  In a sense, a position needs to be given to an employee returning ... continue reading

Georgia 401k

Thursday, December 27th, 2007
Posted by Tamara

If an employee thinks that their 401k contributions are being misappropriated, what should they do?  Suppose deductions are being taken from the employee’s checks, yet the 401k statements show no deposits, what then?

The situation being described in this question seems to be a firm reason to suspect that ... continue reading

Connecticut Confidential Files

Thursday, December 27th, 2007
Posted by Tamara

Connecticut employers are required by federal law to maintain the confidentiality of employees personal information.  Many court decisions have upheld employee rights to keep data like credit history, medical information, and disability status private.  It is important that employers do whatever is necessary to make sure that this information is ... continue reading

Arkansas STD and Termination

Thursday, December 27th, 2007
Posted by Tamara

Is it possible for an Arkansas employee to take a short-term disability leave for several weeks, and then receive benefits for another short-term disability leave within the same year?  Could a person lose their job for taking too much time on short-term disability?

To consider the first question, yes, ... continue reading

Arizona vs. Texas Employment

Thursday, December 27th, 2007
Posted by Tamara

Employees can’t help but wonder if an employee lives and works in Arizona but the employer is in Texas, which state laws should be followed?

The answer to this question might depend on the number of employees that the company has in the state. Some states do necessitate an ... continue reading

Alabama 401k

Thursday, December 27th, 2007
Posted by Tamara

If an employee suspects that their 401k contributions are being misappropriated, they should contact EBSA, the employee benefits security administration.  That number is 886-444-3272.  EBSA is responsible for enforcing ERISA in the state of Alabama an the rest of the United States.  ERISA stands for the Employee Retirement Income Security ... continue reading

Kansas 401k

Wednesday, December 26th, 2007
Posted by Tamara

In the year 2006, $25 billion in embezzled employee benefit funds were recovered, according to the U.S. Department of Labor.  This accounts for only 25% of the total amount of misappropriated funds taken from 401k, pension, and health care accounts.  Money was deducted from employee payroll checks for these funds, ... continue reading

Delaware STD and Termination

Wednesday, December 26th, 2007
Posted by Tamara

If an employee takes a short-term disability leave a second time in the year, it is possible for them to lose their job.  Employers reserve the right to count short-term disability as the weeks allotted by FMLA.  The only requirement is that the employer present documentation that the disability time ... continue reading

Montana vs. Texas Employment

Wednesday, December 26th, 2007
Posted by Tamara

If an employee work for a company that has its main headquarters in another state, which state laws apply?  For example, if an employee is working from Montana, yet the company is located in Texas, who has jurisdiction over the employment?

This answer to this question depends on whether ... continue reading

Indiana Job Security under FMLA

Wednesday, December 26th, 2007
Posted by Tamara

When a Indiana employee who has taken FMLA (Family and Medical Leave Act) time off from the job and returns, what are the employer’s responsibilities? The employer is to provide a similar job, meaning the same duties, pay rate and benefits.  Contrary to what many people think, the employer does ... continue reading

Idaho Confidential Files

Wednesday, December 26th, 2007
Posted by Tamara

Idaho employee files often include sensitive information about background, medical conditions, disability status, age, credit and other private facts.  The law holds employers responsible for the confidentiality of those files.  They are expected to make sure that this information, especially medical facts, is secured. 

The laws do not suggest ... continue reading

Florida vs. Texas Employment

Wednesday, December 26th, 2007
Posted by Tamara

Employees can’t help but wonder if an employee lives and works in Florida but the employer is in Texas, which state laws should be followed?

The answer to this question might depend on the number of employees that the company has in the state. Some states do necessitate an ... continue reading

Vermont vs. Texas Employment

Tuesday, December 25th, 2007
Posted by Tamara

If an employer is located in Texas, but they have employees living and working in Vermont, which of the state laws would apply?

Employers who operate businesses within the state of Vermont are typically covered by Vermont labor laws.  The law, however, does not detail how workers who live ... continue reading

Tennessee Short Term Disability

Tuesday, December 25th, 2007
Posted by Tamara

Employers in Tennessee are not required to offer short-term disability benefits to workers.

There are five states in addition to Puerto Rico that have state laws requiring employers to provide short-term disability benefits to all employees.  Hawaii, Rhode Island, New Jersey, New York, and California are the other states ... continue reading

Virginia Employment at Will

Tuesday, December 25th, 2007
Posted by Tamara

There are several employees of companies that have questioned what the meaning of “employment at will” is in Virginia.  According to this law, employers may fire their employees for any reason at any time if there is no contract.  It also states that in the absence of a contract an ... continue reading

Maryland vs. Texas Employment

Tuesday, December 25th, 2007
Posted by Tamara

Employees are typically covered by the state laws of the state in which they work.  For example, if a person works for a company located in Maryland, they are normally covered by the laws of Maryland.  There is a case, however, where an employee might be covered by the laws ... continue reading