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Archive for May, 2008

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

Missouri Sick Pay

Saturday, May 31st, 2008
Posted by Tamara
There is no federal or Missouri state law requiring employees be paid for sick time.   In addition, there is no law, federal or state, that requires an employee to pay a worker for accrued sick time upon termination. If an employee has accumulated vacation time, about 10 states ... continue reading

Ohio Worker Safety and ATVs

Friday, May 30th, 2008
Posted by Tamara
Over the past several decades, the use of ATVs in the workplace has increased dramatically.  

As usage has grown, so has the number of job related injuries and deaths involving ATVs.   The Consumer Product and Safety Commission reports a 15-fold increase between 1982 and 2004 ... continue reading

Salaried Exempt in Oregon

Friday, May 30th, 2008
Posted by Tamara
The Fair Labor Standards Act (FLSA) is a federal law that requires employers to pay their employees time-and-a-half for hours worked over 40 hours per week.   The issue that arises is if salaried employees are entitled to overtime pay.

Under FLSA, there are two classifications for ... continue reading

Pennsylvania Holiday Pay

Thursday, May 29th, 2008
Posted by Tamara
There is no federal or state law in Pennsylvania, or other states in the U.S., that requires a company to give employees a paid holiday.   There are also no laws, either federal or state that say an employee must pay employees a higher rate for working on a ... continue reading

Minnesota 401k

Thursday, May 29th, 2008
Posted by Tamara
The Employee Benefits Security Administration (EBSA) is the federal agency that oversees the Employee Retirement Income Security Act (ERISA).   If an employee suspects he or she has made contributions to a 401k plan but does not see deposits showing up on the account the employee should immediately notify ... continue reading

Colorado Sick Pay

Wednesday, May 28th, 2008
Posted by Tamara
In Colorado, or any other state in the U.S., an employer can decide to no longer offer sick pay as a job benefit and this would be legal.   There is no federal or Colorado state law that requires an employer to provide sick pay. An exception would be ... continue reading

Maternity Leave in Alaska

Wednesday, May 28th, 2008
Posted by Tamara
The question of whether an employee on maternity leave in Alaska can lose her job is regulated by two different federal laws.  

The federal Pregnancy Discrimination Act (PDA) bars an employer from terminating a woman simply because she is pregnant.   However, under the PDA a ... continue reading

North Dakota Sexual Orientation

Tuesday, May 27th, 2008
Posted by Tamara
In 1964, a federal law was passed to protect workers from discrimination on a wide-ranging basis.   The Civil Rights Act of 1964, specifically addressed race, sex, national origin, color, and religion. However, it does not address sexual orientation.   For that reason, employment discrimination based on sexual orientation ... continue reading

Idaho Holiday Pay

Monday, May 26th, 2008
Posted by Tamara
An employer in Idaho, or any other state in the U.S., is not obligated by any federal or state law to pay their employees for time off taken for holidays.   Although most companies in the country designate between 5 to 7 days as paid holidays, this benefit is ... continue reading

Nevada 401k

Sunday, May 25th, 2008
Posted by Tamara
In Nevada, and all other states in the nation, the Employee Benefits Security Administration (EBSA) is the federal agency that overlooks the Employee Retirement Income Security Act of 1974 (ERISA).   ERISA enforces the minimum standards for voluntary pension and health plans in private enterprises and ensures that those plans ... continue reading

Wisconsin Worker Safety and ATVs

Saturday, May 24th, 2008
Posted by Tamara
In Wisconsin, as in many states, ATVs are being used on an increasing basis within the workplace.   With so many growing industries, which require workers to be outdoors, this trend is understandable.  

The ATV has become a valuable tool for farmers, construction workers, foresters, and ... continue reading

Alabama Worker Safety and ATV

Friday, May 23rd, 2008
Posted by Tamara
Many employees in Alabama work outdoors. The use of ATVs in these occupations is increasing – and so are accidents and fatalities related to them.

ATV use often requires that workers navigate difficult or treacherous terrain.   For these workers and their employers, the ATV is an ... continue reading

Arizona Polygraph

Friday, May 23rd, 2008
Posted by Tamara
Employees in Arizona should be aware that it is illegal for most employers to use polygraphs to screen job applicants.

Arizona has no state law, which addresses this issue, so federal law prevails.   The same law also covers the use of polygraphs for current employees.   ... continue reading

Washington Worker Safety and ATVs

Thursday, May 22nd, 2008
Posted by Tamara
Employees using ATVs in the workplace should be aware of the dangers.   ATVs are increasingly being used in the construction, forestry, landscaping and farming industries, where employees work outside, often in difficult terrain.  

For many employers, the ATV is valuable tool.   Because it is ... continue reading

Light Duty in Wyoming

Thursday, May 22nd, 2008
Posted by Tamara
Many employees have questions regarding light duty in Wyoming.

While many Wyoming employers offer alternate assignments to workers on a light duty restriction, there is no law requiring the employer to pay the worker, if no work exists.

Some employers find that light duty work ... continue reading

Wyoming Sexual Orientation

Wednesday, May 21st, 2008
Posted by Tamara
In Wyoming there is no law, either federal or state, that prohibits discrimination based on sexual orientation. This may change in the near future.  

The US House recently passed the ENDA, a bill that would make discrimination based on sexual orientation a federal offense and offer ... continue reading

North Dakota Job Security under FMLA

Wednesday, May 21st, 2008
Posted by Tamara
When North Dakota employers make decisions on leave requests under the federal FMLA, they should remember what the law is intended to do.   The Family and Maternity Leave Act was enacted to allow unpaid family leave and to ensure that when the employee returns he or she is ... continue reading

South Carolina Polygraph

Tuesday, May 20th, 2008
Posted by Tamara
South Carolina employers may not give pre-employment polygraph tests except in very specific circumstances.   This issue can be a concern for potential employees with the increased awareness of security in the workplace.  

Both employees and employers should be aware that the Employee Polygraph Protection Act, ... continue reading

Light Duty in New Mexico

Monday, May 19th, 2008
Posted by Tamara
New Mexico employees should understand that light duty assignments are not always available at every employer. That is because there are no federal or state laws, which require a particular action, when such a request is made of an employer.

There are some federal regulations, which have ... continue reading

West Virginia Disability

Sunday, May 18th, 2008
Posted by Tamara
Many employers believe that under federal law, a hostile work environment only relates to sex discrimination. This is not true. A hostile work environment can exist when employees are the targets of negative comments and behaviors based on race, religion or disability, as well.

In West Virginia, ... continue reading

Colorado Hostile Work Environment and Disability

Saturday, May 17th, 2008
Posted by Tamara
Employers are required to provide an environment free from harassment for disabled employees.   Because of these responsibilities, employers should be aware that their business financial resources could be a risk if they allow discrimination to persist.

Colorado employers should be aware of a recent Texas case ... continue reading

Tennessee Disability

Friday, May 16th, 2008
Posted by Tamara
The American’s with Disabilities Act or ADA, passed in 1990 outlawed employment discrimination for workers with disabilities.   The act forbids discrimination in all employment decisions, from the hiring process, during training, affecting promotions. It includes work conditions and extends through any discipline or termination.  

Under ... continue reading

Alabama Job Security under FMLA

Friday, May 16th, 2008
Posted by Tamara
Alabama employees often misunderstand the protection they are granted under the FMLA.  

The federal Family and Maternity Leave Act guarantees that an employee is entitled to the same, or a very similar, when they return from unpaid FMLA leave.   The act does not dictate what ... continue reading

Arkansas Sexual Orientation

Thursday, May 15th, 2008
Posted by Tamara
While most Human Resources professionals agree that discrimination based on sexual orientation is not a wise practice, there is no federal law providing protection against such discrimination.   Many private organizations have implemented policies prohibiting it.  

Some states and municipalities have statutes outlawing such ... continue reading

Light Duty in Texas

Thursday, May 15th, 2008
Posted by Tamara
Many Texas employees believe that a “light duty” restriction entitles them to be paid full salary while doing little work, but this is not the case.

In fact, in some cases, a Texas employer can refuse to put an employee to work with a “light duty” restriction. ... continue reading

Virginia Disability

Wednesday, May 14th, 2008
Posted by Tamara
Virginia employers need to be aware that discrimination against a disabled worker is illegal under the ADA, the Americans with Disabilities Act of 1990.

Most employers think of a hostile work environment as resulting from sexual harassment. However, it can also occur when an ... continue reading

Oklahoma Polygraph

Tuesday, May 13th, 2008
Posted by Tamara
Federal law governs the administration of pre-employment polygraph exams in Oklahoma.   The U.S. Department of Labor’s Wage and Hour Division enforces the federal regulations for the use of lie detector tests in the workplace.   In general, private employers are not allowed to require prospective or existing employees ... continue reading

Utah Job Security under FMLA

Tuesday, May 13th, 2008
Posted by Tamara
Employees in Utah 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 ... continue reading

Vermont Worker Safety and ATVs

Monday, May 12th, 2008
Posted by Tamara
ATV usage on the job in Vermont continues to grow. This is true not only for the recreation and tourist industry but for many other business ventures where the workplace is often outdoors. The all terrain vehicle or ATV is more than a child’s toy or adult plaything. It ... continue reading

Minnesota Polygraph

Monday, May 12th, 2008
Posted by Tamara
Private employers in Minnesota usually cannot perform polygraph tests during the hiring process. Federal law applies in this matter, since there is no state law. Federal regulation allows government entities to use polygraph tests as a part of the employment process, including hiring. Under certain circumstances, private business may ... continue reading