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Archive for February, 2008

You are currently browsing the Labor Law Talk Blog weblog archives for February, 2008.

Paid Time Off and FMLA in New York

Friday, February 29th, 2008
Posted by Tamara

Employers in New York, according to the United States Department of Labor, can, in some cases, deduct paid leave from an employee’s 12 weeks of unpaid leave under FMLA.

According to the regulations for the federal Family and Medical Leave Act, employees are entitled to return to the same ... continue reading

Michigan ADA

Friday, February 29th, 2008
Posted by Tamara

One of the key components of the significant ADA (Americans with Disabilities Act), passed in 1990, is the idea of “reasonable accommodation.”

According to the ADA, employers must provide this “reasonable accommodation” to workers with disabilities.

The notion of “accommodation” is readily understandable. It refers to changes that ... continue reading

Iowa Polygraph

Friday, February 29th, 2008
Posted by Tamara

Some workers in Iowa have wondered if pre-employment polygraphs are legal in that state.

Though the state does not have its own polygraph law in regards to employment, it does follow the federal model. Under the federal Employee Polygraph Protection Act, the majority of private employers are prohibited from ... continue reading

Delaware Travel Time and FLSA

Friday, February 29th, 2008
Posted by Tamara

Should an employee be on the payroll when she or he travels between job sites during the day?

Is a worker “on the clock” when traveling from home to the first job site?

These are just two of the questions that Delaware employees raise frequently about travel time. ... continue reading

Salaried Exempt in Connecticut

Friday, February 29th, 2008
Posted by Tamara

Some Connecticut employers find the issue of overtime for salaried employees a bit complicated. There are several factors that need to be considered in order to determine whether or not employees are entitled to overtime pay. Surprisingly, some salaried employees are entitled to overtime pay.

Generally, employees that are ... continue reading

FMLA Oklahoma

Friday, February 29th, 2008
Posted by Diane

The Family and Medical Leave Act is a federal Act that applies to many employers and employees in the state of Oklahoma. The Act is in place in order to ensure that employees can take time off of work if they need to tend to qualifying medical conditions for themselves ... continue reading

JSIA New Jersey

Friday, February 29th, 2008
Posted by Diane

The Jury Systems Improvement Act is a federal Act that is in place for workers and employers in states across the country, including the state of New Jersey. According to the Act, employers may not discriminate against an employee that needs to take time off of work under the JSIA ... continue reading

DUA Connecticut

Friday, February 29th, 2008
Posted by Diane

The Disaster Unemployment Assistance program is a federal program that helps to ensure that workers in states across the country may be able to receive financial compensation if they have been in a disaster, such as a flood, fire, or storm that has caused them to lose work.

Employers ... continue reading

Rehabilitation Act Oregon

Friday, February 29th, 2008
Posted by Diane

Employers and employees in the state of Oregon may be covered by the Rehabilitation Act if they meet certain requirements. The Act is a federal Act that pertains to many employees and employers in states across the country, including employers and employers in Oregon. According to the Act, employers should ... continue reading

ADA Delaware

Friday, February 29th, 2008
Posted by Diane

The Americans with Disabilities Act is a federal Act that is in place for employers in states across the country, including employers in the state of Delaware. The Act helps to ensure that employers do not discriminate against workers that have disabilities for reasons that are directly related to the ... continue reading

Maternity Leave in West Virginia

Thursday, February 28th, 2008
Posted by Tamara

West Virginia workers posed a question about maternity leave. The question was: Can an employee that is out on maternity leave lose their job?

Depending on the circumstances, the answer to this question could be yes or no. In a majority of states, eligible employees are entitled to up ... continue reading

Paid Time Off and FMLA in Oklahoma

Thursday, February 28th, 2008
Posted by Tamara

In some situations, paid leave in Oklahoma may be deducted from an employee’s 12 weeks of unpaid leave under FMLA. This is a regulation from the United States Department of Labor.

The federal Family and Medical Leave Act says that each employee who qualifies is entitled to receive up ... continue reading

Maryland Escheat Laws

Thursday, February 28th, 2008
Posted by Tamara

If you think the word “escheat” has something to do with real estate, you’re correct, for the most part.

The word refers to the act of transferring a title (and that usually means a real estate deed) to the government. Usually that means state government, such as Maryland’s, rather ... continue reading

Georgia Travel Time and FLSA

Thursday, February 28th, 2008
Posted by Tamara

Employees in Georgia often ask about travel time. They want to know if they should be paid when they drive from job site to job site during the working day. They have questions about whether they should be paid when they travel from home to the first job site of ... continue reading

Arkansas Polygraph

Thursday, February 28th, 2008
Posted by Tamara

The state of Arkansas has numerous employees who wonder if pre-employment polygraphs are legal.

To begin, Arkansas does not have a separate polygraph law for employment. Arkansas follows the federal model, known as the federal Employee Polygraph Protection Act. This act prohibits the majority of private employers from giving ... continue reading

ADA Florida

Thursday, February 28th, 2008
Posted by Diane

The Americans with Disabilities Act is a federal Act that is in place for workers in states across the country, including many workers in the state of Florida. When an employer and employee are covered by the Act, the employer may not discriminate against an employee for reasons that are ... continue reading

FMLA Texas

Wednesday, February 27th, 2008
Posted by Diane

The Family and Medical Leave Act is a federal Act that is in place for states across the country, including Texas. Many employees are covered by the Act. However, in order to be covered, the employee not only has to meet qualifying conditions, but the employee also has to work ... continue reading

ADA Georgia

Wednesday, February 27th, 2008
Posted by Diane

The Americans with Disabilities Act is a federal Act that is in place for states across the country, including Georgia. According to the Act, employers may not discriminate against employees for reasons that are directly related to a disability that the employee has.

While many employers and employees may ... continue reading

DUA Idaho

Wednesday, February 27th, 2008
Posted by Diane

The Disaster Unemployment Assistance program is a federal program that is in place in order to ensure that employees that are out of work as a direct result of a disaster can receive some financial compensation that is associated with the disaster. When an employee has been in a qualifying ... continue reading

Rehabilitation Act Maine

Wednesday, February 27th, 2008
Posted by Diane

The Rehabilitation Act is a federal Act that applies to employers and their employees in states across the country, including employers and employees in the state of Maine. The Act helps to ensure that employers do not discriminate against workers for reasons that are directly related to physical or mental ... continue reading

JSIA Utah

Wednesday, February 27th, 2008
Posted by Diane

The Jury Systems Improvement Act is a federal Act that is in place for employers and employees in states across the country, including Utah. When an employee has been called upon to serve on a jury, the Act helps to ensure that the employee will not lose his or her ... continue reading

FMLA Indiana

Wednesday, February 27th, 2008
Posted by Diane

The Family and Medical Leave Act is a federal Act that is in place for employers and employees in states across the country, including the state of Indiana. The Act basically helps to ensure that qualifying employees can take up to 12 weeks off of work each year in order ... continue reading

Disciplinary Notices in Vermont

Wednesday, February 27th, 2008
Posted by Tamara

When an employee engages in misconduct, or is not working up to par, what procedures can an employer adopt to deal with the matter in a clear and formal way?

At some point, firing may be necessary. But what should be done before that?

Human Resources Professionals generally ... continue reading

Massachusetts Polygraph

Wednesday, February 27th, 2008
Posted by Tamara

While Massachusetts law does not cover the use of pre-employment polygraph testing, federal law, which applies in the state, outlines the rights of both employers and employees on the subject.

Generally, private companies are limited in their use of polygraphs, both in pre-employment screening and in tests of current ... continue reading

Maine Travel Time and FLSA

Wednesday, February 27th, 2008
Posted by Tamara

Travel time raises many questions among Maine workers. When am I “on the clock”? Should I be paid during the time I travel from one job site to another during the work day? Should I be on the payroll when I’m driving from home to the first job site of ... continue reading

Alabama Tipped Minimum Wage

Wednesday, February 27th, 2008
Posted by Tamara

In the state of Alabama, as in many other states, tipped workers cannot be obligated to share tips with a salaried manager. They might earn a lower hourly wage than non-tipped workers, however.

The minimum wage for tipped workers in Alabama is $2.13 per hour. The federal rate applies ... continue reading

Arizona Smoking Breaks

Wednesday, February 27th, 2008
Posted by Tamara

There are no state or federal laws in Arizona that require employers to give workers any smoking Breaks at all.

There are actually quite a few states, including Arizona, that have no state or federal laws requiring employers to give workers who are over the age of 18 any ... continue reading

Tennessee Copyright

Tuesday, February 26th, 2008
Posted by Tamara

Just what exactly are the ins and outs of Tennessee copyright law?

First, it’s important to understand that when talking about copyright laws, one is talking about federal laws. That applies even to so-called “international copyright laws,” because almost all countries recognize the U.S. laws in this case.

... continue reading

Paid Time Off and FMLA in Ohio

Tuesday, February 26th, 2008
Posted by Tamara

Many Ohio workers benefit from their companies’ paid leave plans, which provide them vacation time, sick time, personal days, and sometimes short term disability.

But under some conditions, according to the U.S. Labor Department, employees who use that time may find themselves cutting into their FMLA leave.

The ... continue reading

Salaried Exempt in Montana

Tuesday, February 26th, 2008
Posted by Tamara

Employees in Montana might be surprised to learn that salaried employees are not always exempt from overtime.

The federal Fair Labor Standards Act is the federal law that requires employers to pay employees 1.5 times their normal hourly rate, after they have worked more than 40 hours in a ... continue reading