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Archive for August, 2008

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

New York Fluctuating Work Week

Friday, August 29th, 2008
Posted by Tamara
New York employees can be confused by the fluctuating workweek payroll system. The majority of employees are covered by the FLSA (Fair Labor Standards Act of 1938), which requires employees to be paid overtime at a rate of 1.5 times the usual hourly rate for time over 40 hours ... continue reading

Texas FMLA and Termination

Thursday, August 28th, 2008
Posted by Tamara
Employees in Texas and across the country must return to work after using all their FMLA leave. If they are unable to do so, the employer may terminate them. This option applies to both union and non-union employers.

FMLA (Family and Medical Leave Act of 1993) allows ... continue reading

Nevada Tipped Minimum Wage

Thursday, August 28th, 2008
Posted by Tamara
The federal minimum wage for tipped workers is currently $2.13 per hour. However, Nevada minimum wage law requires that tipped employees be paid the state minimum wage. That’s currently $5.30 per hour for employees with a qualified health insurance plan, and $6.85 per hour for all other employees, according ... continue reading

Ohio Confidential Files

Tuesday, August 26th, 2008
Posted by Tamara
The Americans with Disabilities Act of 1990 (ADA) is a federal law which requires employers to keep a worker’s medical information confidential. The ADA applies to companies with at least 15 workers. Another federal law, the HIPAA (Health Insurance Portability and Accountability Act) also requires that employee medical information ... continue reading

Oregon Fluctuating Work Week

Tuesday, August 26th, 2008
Posted by Tamara
The FLSA (Fair Labor Standards Act of 1938) mandates that workers who put in more than 40 hours per week be paid overtime pay at a rate of 1.5 times their usual hourly rate. This Act applies to the majority of U.S. employees, and employees in Oregon. (Some states, ... continue reading

Maryland FMLA and Termination

Monday, August 25th, 2008
Posted by Tamara
When an employee has a serious medical condition, that worker is entitled to up to 12 weeks of unpaid, job-protected leave. This leave for Maryland employees, and for all employees in the United States, is provided by the federal FMLA (Family and Medical Leave Act of 1993). The worker ... continue reading

North Carolina Holiday Pay

Sunday, August 24th, 2008
Posted by Tamara
According to federal and state laws, employees who work more than 40 hours in a week are entitled to overtime. Overtime is usually paid at 1.5 times the usual hourly rate. If those hours are part of a week with a holiday, however, the additional hours may be paid ... continue reading

Rhode Island Tipped Minimum Wage

Saturday, August 23rd, 2008
Posted by Tamara
The U. S. Department of Labor requires that all employees who work for tips keep the tips they receive. These are part of the guidelines the Labor Department set up regarding the federal minimum wage. More information can be found in a federal publication here .

The ... continue reading

Maternity Leave in Virginia

Friday, August 22nd, 2008
Posted by Tamara
In Virginia, several employees are curious if an employee on maternity leave can be fired or laid off.

Generally, the answer is no, but there are exceptions. First of all employees are eligible to take up to 12 weeks of family under federal law FMLA (Family and ... continue reading

Illinois Holiday Pay

Thursday, August 21st, 2008
Posted by Tamara
Most companies provide 5 to 7 paid holidays for their employees. These holidays are determined by the company’s policy and are usually outlined in the company handbook. There is no Illinois or federal law, however, which requires a company to provide paid holidays for their workers.

What ... continue reading

Maternity Leave in Oklahoma

Thursday, August 21st, 2008
Posted by Tamara
The federal FMLA applies to employees in almost every state. There are eleven states, however, that have established their own laws for family leave. When Oklahoma workers ask if an employee on maternity leave can be fired or laid off, FMLA applies. In the other states, such as California, ... continue reading

Missouri Holiday Pay

Wednesday, August 20th, 2008
Posted by Tamara
Are Missouri workers entitled to extra wages for working on a holiday? Usually, the answer is no. There is no federal law requiring employers to pay extra for holidays. In fact, there is no state or federal that requires a company to pay extra for holidays, weekends or nights. ... continue reading

Indiana Tipped Minimum Wage

Wednesday, August 20th, 2008
Posted by Tamara
Tipped employees, by federal law, can be paid less than the minimum wage as long as they earn at least $30 per month in tips. The Fair Labor Standards Act of 1938 (FLSA) is the law regarding federal minimum wage. The federal minimum wage for tipped workers is $2.13 ... continue reading

Georgia Fluctuating Work Week

Tuesday, August 19th, 2008
Posted by Tamara
The majority of employees in the United States are entitled to overtime pay for all time over 40 hours per week. These employees are covered by the Fair Labor Standards Act of 1938 (FLSA) and are entitled to 1.5 times the usual hourly rate for the additional time.

... continue reading

Connecticut FMLA and Termination

Tuesday, August 19th, 2008
Posted by Tamara
When a Connecticut employee or any employee in the U. S. has a serious medical condition, or needs to care for an ill child, parent or spouse, they are entitled to unpaid, job-protected leave under the federal FMLA (Family and Medical Leave Act of 1993). When the FMLA leave ... continue reading

Michigan Holiday Pay

Monday, August 18th, 2008
Posted by Tamara
Holiday pay in Michigan is completely up to the individual employer. Companies are not required by Michigan law or by federal law to provide paid holidays or to pay overtime for employees who work on holidays.

Most companies do provide paid holidays, usually around 5 to 7 ... continue reading

Delaware FMLA and Termination

Sunday, August 17th, 2008
Posted by Tamara
Employees in Delaware and across the United States who are covered by FMLA (Family and Medical Leave Act of 1993) are allowed to take up to 12 weeks of leave for family and medical conditions. This leave is unpaid and job-protected, which means the employee is guaranteed a job ... continue reading

Louisiana Fluctuating Work Week

Saturday, August 16th, 2008
Posted by Tamara
The Fair Labor Standards Act of 1938 requires that any employee who works over 40 hours per week be paid at 1.5 times the usual hourly rate for the additional time. This overtime rate, however, does not apply to employees on a fluctuating workweek.

For Louisiana employees, ... continue reading

Maternity Leave in Indiana

Friday, August 15th, 2008
Posted by Tamara
Federal law allows employees to take leave for certain reasons. The FMLA (Family and Medical Leave Act of 1993) provides workers with up to 12 weeks of unpaid, job-protected leave for childbirth, bonding with a new baby or caring for a newly fostered child.

Indiana employees are ... continue reading

Georgia Tipped Minimum Wage

Thursday, August 14th, 2008
Posted by Tamara

The FLSA (Fair Labor Standards Act of1938) is the federal law dealing with the federal minimum wage. Employees who work for tips may be paid less than the minimum wage for regular workers, as long as the tipped workers earn more than $30 in tips per month. ... continue reading

Intermittent FMLA in Missouri

Thursday, August 14th, 2008
Posted by Tamara
In February 2008, new FMLA (Family and Medical Leave Act of 1993) regulations were released. The new regulations were a response to a much debated topic regarding intermittent FMLA leave.

When FMLA was enacted, its purpose was to provide eligible employees 12 weeks of unpaid, job-protected leave ... continue reading

Returning to Work After FMLA in North Carolina

Wednesday, August 13th, 2008
Posted by Tamara
Many North Carolina employees wonder if their jobs are protected while they are on FMLA leave.

The federal FMLA (Family and Medical Leave Act) specifically states that an employee on FMLA leave must be returned to his or her job. In some cases, an employer will hire ... continue reading

California Workplace Violence

Wednesday, August 13th, 2008
Posted by Tamara
Several high profile cases give the impression that workplace violence is on the rise. The U. S. Department of Labor, however, insists that violence in the California workplace and in workplaces across the country is decreasing.

One of these recent cases occurred over Labor Day. Several families ... continue reading

Intermittent FMLA in Iowa

Tuesday, August 12th, 2008
Posted by Tamara
New federal FMLA (Family and Medical Leave Act of 1993) regulations were issued in February of 2008 to clarify a much-debated aspect of the FMLA laws.

The regulations specifically state that an eligible employee may take unscheduled, intermittent FMLA leave for health and family reasons as before. ... continue reading

Maryland Workplace Violence

Tuesday, August 12th, 2008
Posted by Tamara
Violence in the workplace in Maryland and across the United States is exhibiting a decrease, according to the U. S. Department of Labor. Several tragic incidents of workplace violence have been in the press, lately, but the statistics confirm that incidents are decreasing.

For example, 2006’s rate ... continue reading

Kansas Travel Time and FLSA

Monday, August 11th, 2008
Posted by Tamara
The Fair Labor Standards Act of 1938 (FLSA) serves several functions. This law establishes minimum wage, rules for overtime pay, and defines paid travel time.

For employees in Kansas, travel time has raised some questions. Is the time traveled between job sites considered paid time? Is the ... continue reading

Returning to Work After FMLA in Delaware

Sunday, August 10th, 2008
Posted by Tamara
Many questions arise regarding Delaware employees on FMLA returning to work. If the employee’s supervisor says she is entitled only to part-time work, but the HR department says she must be returned to full-time status, who is right?

The Human Resources (HR) department is interpreting FMLA correctly ... continue reading

Intermittent FMLA in Wisconsin

Saturday, August 9th, 2008
Posted by Tamara
The FMLA (Family and Medical Leave Act) of 1993 provides employees with up to 12 weeks of unpaid, job-protected leave per year for a variety of reasons. Included in those reasons are serious health problems for the employee, and childbirth.

In addition, FMLA allowed eligible employees to ... continue reading

Nebraska Travel Time and FLSA

Friday, August 8th, 2008
Posted by Tamara
What are the definitions of paid travel time? Many Nebraska employees have asked questions regarding this topic. For instance, if an employee drives from job site to job site everyday, is that travel time considered paid time?

The answer lies in the Fair Labor Standards Act of ... continue reading

Oregon Workplace Violence

Thursday, August 7th, 2008
Posted by Tamara
One of the most tragic incidents involving violence in the workplace was the Virginia Tech Massacre on April 16, 2007.

The tragedy began with a student arming himself and killing two students in their dorm. Later he chained a campus building shut and proceeded to kill 32 ... continue reading