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Archive for April, 2008

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

Utah Copyright

Wednesday, April 30th, 2008
Posted by Tamara
Recently, a copy of the original score for the Paul McCartney song “Yesterday” was found in an attic in England. The man who found this treasure decided to sell it at auction. He had every right to do so, and in fact netted over $1 million dollars. However, while ... continue reading

Disciplinary Notices in Utah

Wednesday, April 30th, 2008
Posted by Tamara
There are many misunderstandings between employers and employees regarding written warnings.

If a Utah employer must provide a worker with a written “warning,” the employee may believe that signing the warning is an admission of guilt. This is not true. Written warnings are used to show the ... continue reading

New Jersey Employment at Will

Tuesday, April 29th, 2008
Posted by Tamara
In all but 11 states, the concept of “employment at will” applies to employment relationships where there is no employment contract. This policy has implications for both employees and employers.

In New Jersey , the “at will” concept, which has its roots in common law, has been ... continue reading

Oklahoma ADA

Tuesday, April 29th, 2008
Posted by Tamara
Due to passage of the historic Americans with Disabilities Act of 1990 ( ADA ) Oklahoma employers must make “reasonable accommodations” for an employee with disabilities. However what makes up a “reasonable accommodation” could differ from company to company.

As an example, a realty company permits agents ... continue reading

Oregon Confidential Files

Monday, April 28th, 2008
Posted by Tamara
Oregon employers must take the protection of confidential employee files very seriously. There are those situations where these files are kept in maintenance closets, unlocked office areas, or even client waiting areas. Employers who allow such a set up to continue are asking for trouble.

Federal legislation, ... continue reading

Nebraska Sex Discrimination and Height

Monday, April 28th, 2008
Posted by Tamara
Title VII of the Civil Rights Act of 1964 prevents a Nebraska employer from implementing any policy that limits opportunities for members of a protected group, even if discrimination is not the purpose of the policy.

In most cases, a height requirement would fall into the category ... continue reading

New Jersey Copyright

Friday, April 25th, 2008
Posted by Tamara
Suppose Ted discovered an original draft of the “New Jersey State Song”, by S.H.M. Byers in his attic. He might have found a valuable piece of New Jersey state history. However, finding that item would not give Ted the copyright to the song. The copyright can only be conveyed ... continue reading

Louisiana STD and Termination

Friday, April 25th, 2008
Posted by Tamara
Many Louisiana employees wonder if they can be take short term disability more than once per year. And, can an employee be terminated while on short term disability?

In Louisiana , as in most states, short term disability payments are provided to employees by private insurance carriers. ... continue reading

Dress Code in Nebraska

Thursday, April 24th, 2008
Posted by Tamara
Employees in Nebraska are protected from discrimination in the work place. In particular, one type of discrimination, which is prohibited in Title VII of the Civil Rights Act of 1964, is religious discrimination. One area where employees may be affected is in the dress code.

Federal law requires that ... continue reading

Massachusetts Confidential Files

Thursday, April 24th, 2008
Posted by Tamara
Employees in Massachusetts are protected against a broad spectrum of discrimination on the job site. This protection must be maintained by the employer whose responsibility it is to insure that his or her company complies with federal laws and regulation.

Included in the vast array of federal ... continue reading

Indiana Copyright

Thursday, April 24th, 2008
Posted by Tamara
Copyright laws protect original intellectual property. Copyright laws are federal laws and are generally recognized internationally. Intellectual property includes many different types of items. Written works, songs, paintings, photographs, radio or television broadcasts are all considered intellectual property.

In Indiana , as in every state, copyright protection ... continue reading

Florida STD and Termination

Thursday, April 24th, 2008
Posted by Tamara
Short term disability benefits and FMLA leave can sometimes overlap and create confusing situations for Florida employees and employers.

Because of the potential confusion about these employee benefit programs, both the employer and employee need to have a good understanding of their particular set of circumstances and ... continue reading

Colorado Employment at Will

Thursday, April 24th, 2008
Posted by Tamara
The state of Colorado has set some restrictions on the policy of “employment at will.” In 11 states, some of them neighboring Colorado , the “at will policy” is not practiced at all. Those states adhere to another legal concept, the “covenant of good faith and fair dealing”.

... continue reading

Age Discrimination in Montana

Wednesday, April 23rd, 2008
Posted by Tamara
In Montana , if an employer chooses not to hire anyone under the age of 25, he or she is not prohibited by any federal or state law.

Age discrimination is illegal. However, the Age Discrimination Act of 1967 only protects workers 40 older or more. Under ... continue reading

Dress Code in Mississippi

Wednesday, April 23rd, 2008
Posted by Tamara
Because Mississippi employers are subject to federal civil rights laws, they must make reasonable accommodations for an employee’s religious beliefs. Requiring an individual employee to be clean shaven, or wear a particular uniform when such an act would violate that employee’s sincerely held religious beliefs, has been interpreted by ... continue reading

Maine STD and Termination

Wednesday, April 23rd, 2008
Posted by Tamara
In Maine short term disability benefits are normally paid by private insurance carriers. The plans are often purchased through the employer, but they are not state or federal programs. This is an important distinction, because the benefits that are provided vary from plan to plan.

The best ... continue reading

Illinois Employment at Will

Wednesday, April 23rd, 2008
Posted by Tamara
Federal law prohibits discrimination in the workplace. Title VII of the Civil Rights Act of 1964 outlaws discriminatory practices based upon race, religion, color, national origin, sex, and age. Further federal legislation and regulation has added disability to that list, and defined more specifically what actions might be considered ... continue reading

Arizona Copyright

Wednesday, April 23rd, 2008
Posted by Tamara
Individuals in Arizona , who produce original work, which can be considered intellectual property, receive copyright protection the instant the work is produced or recorded in some tangible way. The original producer of the work is not required to register the work in order to be protected. This protection ... continue reading

Age Discrimination in Wyoming

Tuesday, April 22nd, 2008
Posted by Tamara
There are no statutes under federal or Wyoming law that make it illegal to hire only workers who are at least 25 years old.

Although such discrimination against younger workers is frowned upon, it is technically legal. An employer may feel this policy is necessary in order ... continue reading

Disciplinary Notices in Pennsylvania

Tuesday, April 22nd, 2008
Posted by Tamara
There are instances where employees believe that if they refuse to sign a disciplinary warning, the warning will not be held against them. This is not true because signing a written “warning” is not an admission of guilt.

The written warning is merely used as a tool ... continue reading

Religious Discrimination in Oregon

Tuesday, April 22nd, 2008
Posted by Tamara
Under Title VII of the Civil Rights Act of 1964, Oregon employers are not allowed to discriminate against employees based on color, race, sex or national origin.

Discrimination against an employee in the workplace based on his or her religion is also illegal. This law mandates that ... continue reading

Montana Job Security Under FMLA

Tuesday, April 22nd, 2008
Posted by Tamara
Employees in Montana are protected under the Family and Maternity Leave Act or FMLA. This federal act does not require an employee to “hold open” a job position while an employee is on leave. Many employees and employers have the mistaken impression that holding open a job is exactly ... continue reading

Georgia Sex Discrimination and Height

Tuesday, April 22nd, 2008
Posted by Tamara
Employees often wonder if an employer can set a minimum or maximum height or weight requirement as a condition of employment.

Title VII of the Civil Rights Act bars Georgia employers from discriminating in hiring based on religion, sex, race color, or national origin. Setting a height requirement would ... continue reading

Disciplinary Notices in Texas

Monday, April 21st, 2008
Posted by Tamara

Most companies use written “warnings” to provide the employee with a notice that improvement is necessary. Usually, the warnings are very specific about the deficiencies that must be corrected, such as absenteeism or tardiness.

Some employees believe that signing the warning is an admission of guilt and if they ... continue reading

Texas ADA

Monday, April 21st, 2008
Posted by Tamara

The law Texas employers should keep in mind in regard to employees with disabilities is the Americans with Disabilities Act of 1990. This law requires employers to make “reasonable accommodations” for employees with disabilities. However, what defines these “accommodations” varies from workplace to workplace.

Here is an example to ... continue reading

Age Discrimination in Tennessee

Monday, April 21st, 2008
Posted by Tamara

An employer in Tennessee could legitimately decide to hire only employees who are 25 years old, or older. An employer may want to have this policy to ensure hiring staff that he or she feels may have the maturity necessary for the job. A better way to do this would ... continue reading

Religious Discrimination in Nevada

Monday, April 21st, 2008
Posted by Tamara

An employer must make “reasonable accommodations” on the job because of Title VII of the Civil Rights Act of 1967.

This law states that a Nevada employer must allow an employee to practice his or her “sincerely held” religious beliefs. Title VII also extends to training, salary, benefits, promotions, ... continue reading

Intermittent FMLA in Michigan

Monday, April 21st, 2008
Posted by Tamara

Under the Family and Medical Leave Act or FMLA employees with a “serious health condition” are allowed to take unscheduled, unpaid leave. FMLA can also be used to take care of a family member with a serious health problem, a newborn, a newly adopted child or a new foster child ... continue reading

Exempt Employees in New Jersey

Friday, April 18th, 2008
Posted by Diane

Employees in the state of New Jersey may be exempt from coverage by the Fair Labor Standards Act as long as they meet a few basic requirements. The FLSA is a federal Act that helps to ensure that employees in states across the country are compensated fairly for the work ... continue reading

JSIA South Dakota

Friday, April 18th, 2008
Posted by Diane

The Jury Systems Improvement Act is a federal Act that is in place for employees and employers in states across the country, including the state of South Dakota. According to the Act, employers cannot discriminate against an employee that needs to take time away from work in order to serve ... continue reading