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Archive for June, 2008

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

South Carolina Discrimination

Monday, June 30th, 2008
Posted by Tamara
There is no federal or state law in South Carolina prohibiting an employer from discriminating against an employee based on his or her sexual orientation. However, most Human Resources professionals discourage the practice.   There are many private businesses and non-profit agencies in the country that have written policies ... continue reading

Oklahoma FMLA

Sunday, June 29th, 2008
Posted by Tamara
According to the Family and Medical Leave Act (FMLA) an Oklahoma worker is entitled to 12 weeks of unpaid job protected leave to take care of an immediate family member who has a serious health condition,   or to bond with a newly adopted child, a newly placed foster ... continue reading

Texas Discrimination

Saturday, June 28th, 2008
Posted by Tamara
Title VII of the Civil Rights Act prohibits an employer from discriminating against an employee based on his or her race, religion, national origin, gender or color. It covers all types of employment decisions including job transfers, promotions, disciplinary actions, training or other job-related issues. However, there is no ... continue reading

Ohio Escheat Laws

Friday, June 27th, 2008
Posted by Tamara
In English common law during feudal times, property reverted to the King in a process called escheat. During this time, the King owned all of the land and granted land to lords who in turn granted the fiefdoms to tenants. After the tenant’s death, the land escheated or reverted ... continue reading

Massachusetts Payday

Thursday, June 26th, 2008
Posted by Tamara
It is illegal in Massachusetts, and most of the other states in the U.S., for an employer to delay or refuse to pay an employee on payday. The Wage and Hour Division of the U.S. Department of Labor, which also enforces minimum wage guidelines, allows an employer to decide ... continue reading

Light Duty in Pennsylvania

Thursday, June 26th, 2008
Posted by Tamara
There have been a number of court cases recently dealing with a worker’s right to return to work with light duty restrictions after an   illness or injury, without conclusive results. There is no federal or state law in Pennsylvania that says a worker is entitled to a light ... continue reading

Nebraska FMLA

Wednesday, June 25th, 2008
Posted by Tamara
Many employees in Nebraska have questions about job protection under FMLA.

An employer in Nebraska, and other states in the nation, is not allowed to change an employee’s working conditions based solely on FMLA leave.   The Family and Medical Leave Act permits an employee to take ... continue reading

Arkansas Escheat Laws

Wednesday, June 25th, 2008
Posted by Tamara
Escheat, in Arkansas real estate law, means that ownership of property reverts to the state. This most often happens when a person dies with no heirs and no will.

Escheat has its origin in feudal England and Wales.   In those times, all land was owned by ... continue reading

New York Payday

Tuesday, June 24th, 2008
Posted by Tamara
An employer in New York, as well as most other states in the U.S. has the right to set the pay day for their company.   But, once that payday is determined they must honor it.   It is illegal to not pay employees on payday in New York ... continue reading

California Escheat Laws

Tuesday, June 24th, 2008
Posted by Tamara
In California real estate law if a property escheats, title to the real estate reverts to the government. Usually this   means the property owner has died with no living heirs and no will. Therefore, his or her property reverts to the state government.   This law is based ... continue reading

Light Duty in Maryland

Monday, June 23rd, 2008
Posted by Tamara
In Maryland, as well as other states in the U.S., an   employee with a light duty restriction is not guaranteed a job. But, there is an exemption under the Americans with Disabilities Act. If the employee meets the legal definition of being disabled, the employer must make reasonable ... continue reading

Hawaii Escheat Laws

Sunday, June 22nd, 2008
Posted by Tamara
In Hawaii if you own real estate and die without any living relatives under the rule of law known as escheat, your property would revert to the state government.   Escheat had its origin in feudal England where all of the land was owned by the King.   The ... continue reading

Indiana FMLA

Saturday, June 21st, 2008
Posted by Tamara
Under regulations of the federal Family and Medical Leave Act, in Indiana, if an employee takes FMLA leave he or she is guaranteed job protection upon returning to work.   The employee can take up to 12 weeks of unpaid leave with the assurance that when he or she ... continue reading

Idaho Payday

Friday, June 20th, 2008
Posted by Tamara
In Idaho, and in most states of the U.S., a worker is entitled to receive his or her pay on the designated payday through guidelines of the Wage and Hour Division of the U.S. Department of Labor.   This agency is also responsible for policies dealing with minimum wage. ... continue reading

Texas FMLA

Friday, June 20th, 2008
Posted by Tamara
The Family and Medical Leave Act of 1993 provides up to 12 weeks of unpaid job-protected leave in a 12 month employee for most Texas employees.   Under FMLA, a worker is guaranteed to return to his or her job with the same benefits, working conditions, and pay as ... continue reading

Ohio Discrimination

Thursday, June 19th, 2008
Posted by Tamara
In Ohio, or in any other state in the U.S., there is no federal protection for an employee who feels that he is she is being discriminated on the job because of sexual orientation.   Title VII of the Civil Rights Act of 1964 only offers protection against discrimination ... continue reading

Light Duty in Kentucky

Thursday, June 19th, 2008
Posted by Tamara
Many Kentucky employees misunderstand light duty. In general, no employer has to pay a worker if there is no suitable light duty assignment for that person. Nor does the employer have to invent a job if none exists.   There is no state or federal law that requires an ... continue reading

Light Duty in Arizona

Wednesday, June 18th, 2008
Posted by Tamara
The United States Department of Labor has no law that mandates an employer in Arizona must always put an employee on light duty restrictions.   But, because dealing with this situation has become more frequent, the agency has drafted a variety of regulations on the subject.

Although ... continue reading

Alabama Payday

Wednesday, June 18th, 2008
Posted by Tamara
The federal Fair Labor Standards Act of 1938 provides that in Alabama, as well as the other states, employers must not decline to pay their workers on payday.   Companies are allowed to decide which day of the week, or the frequency of the pay period. However, after that ... continue reading

Federal Discrimination

Tuesday, June 17th, 2008
Posted by Tamara
Many HR professionals agree that discrimination based on sexual orientation is a bad idea. However,   there is no Alabama law, or federal law that prohibits job discrimination based on a person’s sexual orientation. This could change in the near future with the passage of ENDA by Congress. Even ... continue reading

Returning to Work After FMLA in Michigan

Tuesday, June 17th, 2008
Posted by Tamara
In Michigan, Lynette returns to her job after a 12-week FMLA absence. He employer tells her that even though she had a 40-hour job, while she was gone, he replaced her with Suzette.   Her boss likes the job both women have been doing and thinks he is being ... continue reading

Alabama Escheat Laws

Monday, June 16th, 2008
Posted by Tamara
It is important for Alabama citizens to understand escheat. In English common law, during feudal times, if a person was to die without a will, any property the person owned reverted to the King.   During this time, the King owned all of the land and granted land to ... continue reading

Light Duty in Tennessee

Sunday, June 15th, 2008
Posted by Tamara
An employee, in Tennessee, who has been injured in an auto accident and wants to return to work on light duty restrictions, could be legally denied this request. That’s because there is no federal or Tennessee law that requires an employer to provide an employee light duty when that ... continue reading

Montana Payday

Saturday, June 14th, 2008
Posted by Tamara
In Montana, and most other states in the nation, an employer has the right to determine the payday for her employees, under state and federal law. However, it is against the law in Montana and most other states not to pay employees on the date.

For example, ... continue reading

Ohio Discrimination Based on Sexual Orientation

Friday, June 13th, 2008
Posted by Tamara
An employer in Ohio declines to hire a man he knows is gay. This decision would be legal because there is no federal law that prohibits hiring someone based on sexual orientation.   Title VII of the Civil Rights Act prohibits discriminating against someone based on race, religion, color, ... continue reading

Arkansas 401k

Thursday, June 12th, 2008
Posted by Tamara
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that overlooks pension and health care plans that are established by private businesses and provides protection for employees who have these plans, such as pensions and 401ks.

ERISA is enforced by the Employee Benefits ... continue reading

New Mexico Holiday Pay

Thursday, June 12th, 2008
Posted by Tamara
Holiday pay, by most Human Resource departments, is defined as extra pay a worker receives for a day off from work on a holiday.   Most companies recognize about 5 to 7 traditional holidays, such as Thanksgiving Day or the Fourth of July, as holidays for their employees.   ... continue reading

Maternity Leave in Tennessee

Wednesday, June 11th, 2008
Posted by Tamara
A worker on maternity leave has 12 weeks of unpaid job-protected leave guaranteed by the Family and Medical Leave Act of 1993.   In addition to the federal law, 11 states in the nation have their own family leave laws.   These states are Minnesota, New Jersey, Connecticut, Hawaii, ... continue reading

Salaried Exempt in Kansas

Wednesday, June 11th, 2008
Posted by Tamara
The issue of whether a Kansas salaried employee is entitled to overtime pay depends on a number of factors.   A salaried employee can be classified as salaried exempt which means her or she is salaried but not entitled to overtime pay, or salaried non-exempt which means the employer ... continue reading

Wyoming Sick Pay

Tuesday, June 10th, 2008
Posted by Tamara
In Wyoming or even in tough labor law states in the U.S. such as California, there are no federal or state laws that require an employer to pay workers for sick days.   This benefit is left entirely up to the employer.   However, there are 10 states in ... continue reading