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Archive for July, 2008

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

Intermittent FMLA in Georgia

Thursday, July 31st, 2008
Posted by Tamara
One aspect of the FMLA (Family and Medical Leave Act of 1993) has caused a lot of debate among employers in Georgia and in the rest of the United States. That aspect is the way unscheduled, intermittent FMLA leave is used.

FMLA allows for up to 12 ... continue reading

Ohio Fluctuating Work Week

Thursday, July 31st, 2008
Posted by Tamara
Labor & Employment, Mandatory Overtime Laws

Many Ohio workers have never heard of a fluctuating work week, and many more that have do not fully understand the concept.   As a general rule federal law requires that hourly employees be paid time and a half for any ... continue reading

Vermont Travel Time and FLSA

Wednesday, July 30th, 2008
Posted by Tamara
Labor & Employment, Minimum Wage Laws

Vermont employers are required to pay workers for travel time upon occasion. However, that almost never includes the employee’s normal commute.

These types of employee related issues are regulated by federal law, rather than Vermont statute.   The Fair ... continue reading

Tennessee Fluctuating Work Week

Wednesday, July 30th, 2008
Posted by Tamara
Tennessee businesses that have weekly payrolls that have significant fluctuations during the course of a year might do well to look into a payment system known as the “fluctuating work week” or Belo plan.   Some companies experience times during the year when they are hit with a significant ... continue reading

Wyoming Tipped Minimum Wage

Tuesday, July 29th, 2008
Posted by Tamara
Employers who own service establishments in Wyoming, such as a restaurant, can pay their hourly employees who are regularly tipped, a lower wage.   This is

permitted under the Fair Labor Standards Act of 1938 which governs the pay of service employees in Wyoming, since there is ... continue reading

New Hampshire Workplace Violence

Tuesday, July 29th, 2008
Posted by Tamara
According to the Bureau of Labor Statistics the number of homicides in the workplace is declining, however the awareness of the problem is growing as a result of increased media coverage.   In 2006, the BLS reports that 754 individuals were murdered on the job site, a decline of ... continue reading

New Mexico Tipped Minimum Wage

Monday, July 28th, 2008
Posted by Tamara
Minimum wage for tipped workers in New Mexico is $2.12. The current federal minimum wage for tipped employees is $2.13 per hour.   For an employee to be considered a tipped employee, he or she must regularly receive tips that total at least $30 per month.   Some states ... continue reading

Virginia FMLA and Termination

Sunday, July 27th, 2008
Posted by Tamara
Employers in Virginia must take into account the federal Family and Medical Leave Act of 1993 when deciding whether to grant unpaid leave to employees.

Under this act, employees are entitled to take time away from work for some health issues and family life events.   These ... continue reading

Louisiana Travel Time and FLSA

Saturday, July 26th, 2008
Posted by Tamara
The travel required of employees in Louisiana varies widely from job to job.   The rules however, concerning what travel time should be paid by the employer are quite complex.  

The federal Fair Labor Standards Act of 1938 is the law that provides answers to the ... continue reading

Texas FMLA and Termination

Friday, July 25th, 2008
Posted by Tamara
In Texas, employees are covered under the federal Family and Medical Leave Act.   This law protects an employee’s employment for up to 12 weeks while the employee is away from work to care for an eligible family or medical need.   The act does not provide for any ... continue reading

Wisconsin Travel Time and FLSA

Thursday, July 24th, 2008
Posted by Tamara
Some Wisconsin employers wonder when they are expected to pay for an employee’s travel time.   This is covered by the Fair Labor Standards Act of 1938, which is a federal law that sheds light on a variety of employee issues.

Enforcement of the FLSA is handled ... continue reading

Arizona FMLA and Termination

Thursday, July 24th, 2008
Posted by Tamara
Employees in all 50 states are covered by the FMLA. In some states there is additional coverage provided by the state for family or medical leave, however, in Arizona there is not.   Several other states have added additional employee benefits to those provided by the Family and Medical ... continue reading

South Dakota Workplace Violence

Wednesday, July 23rd, 2008
Posted by Tamara
South Dakota employers should be aware that while incidents of violence in the workplace has declined in recent years, there were still 754 individuals who were killed as a result of violent acts and assaults occurring on the job site.   The United States Department of Labor asserts that ... continue reading

South Carolina Tipped Minimum Wage

Wednesday, July 23rd, 2008
Posted by Tamara
In South Carolina, and throughout much of the United States, employees who routinely receive tips can be paid a substantially lower wage by the employer.   However, the employee is not required to share the tip with any salaried manager or the employer.

South Carolina tipped workers ... continue reading

Washington Workplace Violence

Tuesday, July 22nd, 2008
Posted by Tamara
Workplace violence in Washington and throughout the nation is declining.   From 1994 until 2006, the number of deaths in the workplace as a result of violent acts and assaults dropped by an incredible 50%.   This is according to the Bureau of Labor Statistics.   The BLS states ... continue reading

Indiana Travel Time and FLSA

Tuesday, July 22nd, 2008
Posted by Tamara
Indiana employers are not required to pay for the time it takes for their employees to commute to and from their work site. This is true even for temporary job sites, provided the commute falls within a normal commute range.

It is normal and customary for employees ... continue reading

Arkansas Fluctuating Work Week

Monday, July 21st, 2008
Posted by Tamara
Some Arkansas employers wonder if the Belo plan for paying overtime is applicable for their particular business situation.   This plan, also known as the “fluctuating work week”, allows certain employers an alternative to the standard payment for overtime established in 1938 by the federal Fair Labor Standards Act. ... continue reading

Arizona Travel Time and FLSA

Sunday, July 20th, 2008
Posted by Tamara
Many employees do not understand when they must be paid for travel time. Generally, employers are not required to pay workers for commuting time.

It is possible that an employee in an A city would drive for up to an hour both morning and evening on his ... continue reading

Florida Workplace Violence

Saturday, July 19th, 2008
Posted by Tamara
The United States Department of Labor reports that occurrences of assaults and violent attacks resulting in death are declining, but employers need to be aware of the potential for violence on the job site.

The most recent and most horrendous occurrences of workplace homicide have not taken ... continue reading

Indiana FMLA and Termination

Friday, July 18th, 2008
Posted by Tamara
Some Indiana employees may wonder how much time they can take off from work to care for medical or family needs, and still keep their jobs.   The answer for most employees would be 12 weeks, but that time might be extended significantly because of other extenuating circumstances.

... continue reading

Kentucky Fluctuating Work Week

Thursday, July 17th, 2008
Posted by Tamara
The Belo plan provides some Kentucky employers with an alternative way of handling overtime for a few hourly employees.   The Fair Labor Standards Act of 1938 established that American workers would be paid a normal hourly wage for the first 40 hours in any given work week.   ... continue reading

Nebraska Tipped Minimum Wage

Thursday, July 17th, 2008
Posted by Tamara
Many issues between Nebraska employers and employees are governed by federal laws, regulations, and policies.   Very often, these mandates are overseen by the United States Department of Labor.   This is true in the matter of minimum wage for tipped employees in the state.Federal as well as state ... continue reading

Minnesota Workplace Violence

Wednesday, July 16th, 2008
Posted by Tamara
Deaths on the job site as a result of assault or violent actions are declining.   The Bureau of Labor Statistics, which is charged with keeping such records, reports a steady decline over the past several years.   Many employees and employers are more aware of the problem despite ... continue reading

Mississippi FMLA and Termination

Wednesday, July 16th, 2008
Posted by Tamara
The federal Family and Medical Leave Act of 1993, provides job protection for Mississippi employees.   Mississippi is like most other states. There is no state law that offers job protection if an employee must be away from work for an extended period to care for a medical or ... continue reading

Montana Fluctuating Work Week

Tuesday, July 15th, 2008
Posted by Tamara
Some Montana employers wonder if there are any alternatives to paying workers 1.5 times their normal hourly rate for overtime.   The short answer is that in a few cases there may be an alternative plan.   The payment system goes by a variety of names.   It has ... continue reading

Florida Tipped Minimum Wage

Tuesday, July 15th, 2008
Posted by Tamara
 

The minimum wage for tipped employees in the state of Florida is $3.77 per hour.   In order for an employer to consider a particular employee as a tipped employee two factors must be true.   Firstly, the employee must be an hourly worker.   ... continue reading

Connecticut Short Term Disability

Monday, July 14th, 2008
Posted by Tamara
Many employees wonder about collecting short term disability after an auto accident. Employees in Rhode Island, New York, New Jersey, Hawaii, and California all have the benefit of a state short term disability plan. Such plans provide government guaranteed income for eligible employees.

Workers in Connecticut and ... continue reading

Maryland Smoking Breaks

Sunday, July 13th, 2008
Posted by Tamara
The federal Fair Labor Standards Act established that workplace breaks which are shorter than 20 minutes in duration must be paid breaks.   Beyond this regulation, few federal standards deal directly with the issue of break time in the work place.

Some states have chosen to establish ... continue reading

Paid Time Off and FMLA in Missouri

Saturday, July 12th, 2008
Posted by Tamara
Employers in Missouri have a great deal of flexibility in dealing with employee leave for FMLA qualified leave requests.   In some cases, a Missouri employer can count PTO as FMLA leave, provided the employee has been informed in advance, in writing.

The Family and Medical Leave ... continue reading

New Jersey Smoking Breaks

Friday, July 11th, 2008
Posted by Tamara
Employees in New Jersey are not guaranteed breaks away from their workstation to smoke.   In fact, employers are not required to give them any short rest or “coffee” breaks at all.   Many employers choose to give their employees brief breaks at times during the day but these ... continue reading