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Archive for October, 2008

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

Pennsylvania Short Term Disability

Friday, October 31st, 2008
Posted by Tamara
There is no federal law that guarantees income for Pennsylvania employees on short-term disability. Neither is there a state law in Pennsylvania to provide such benefits. Only five states (California, New York, New Jersey, Rhode Island and Hawaii) have state laws, which require employers to provide short-term disability benefits. ... continue reading

Florida Worker Safety and ATVs

Thursday, October 30th, 2008
Posted by Tamara
All Terrain Vehicles (ATVs) are particularly useful in industries such as landscaping, construction and forestry that require a lot of outdoor work in Florida. Many people think these vehicles are recreational and fun, not realizing that they can be quite dangerous. For example, an ATV was involved in a ... continue reading

Vermont Short Term Disability

Thursday, October 30th, 2008
Posted by Tamara
When a worker is injured at work, he or she has worker’s compensation to provide paid benefits. If an employee is ill due to pregnancy, or has a heart attack or is seriously ill from in some other way, there is no federal law to guarantee that worker income ... continue reading

Illinois Worker Safety and ATVs

Wednesday, October 29th, 2008
Posted by Tamara
When an Illinois employer utilizes an ATV (or All Terrain Vehicle), the employee must be properly trained to handle the vehicle. Though ATVs look like a lot of fun, and more of a toy than a vehicle, they can be dangerous, even fatal. A recreational accident of an ATV ... continue reading

Connecticut Worker Safety and ATVs

Wednesday, October 29th, 2008
Posted by Tamara
In Connecticut, the agriculture, landscaping, forestry and construction and other industries that involve outdoor work, utilize ATVs in the workplace. These vehicles seem like fun, recreational toys, but they can be quite dangerous. In fact, the Consumer Product Safety Commission recently reported that injuries from ATVs rose to a ... continue reading

Age Discrimination in Massachusetts

Tuesday, October 28th, 2008
Posted by Tamara
Consider a company that is tired of hiring immature workers. As an antidote to the problem, the business decides to set a minimum age of 25 for all future hires. Some employees wonder if this policy would constitute age discrimination.   

If an employer in Massachusetts institutes ... continue reading

North Dakota Disability

Tuesday, October 28th, 2008
Posted by Tamara
  The term hostile work environment was first coined in relation to sexual harassment, where an employee was subjected to offensive conduct because of his or her gender.

 

Creation of a hostile work environment in North Dakota doesn’t have to be sexual in nature ... continue reading

Virginia Short Term Disability

Monday, October 27th, 2008
Posted by Tamara
Many Virginia companies offer short term disability benefits to their workers. Some offer benefits after the employee has used up all accrued sick and vacation leave. Other companies provide disability benefits as an option with the company group health insurance, usually at an additional cost.

Though many ... continue reading

California Sex Discrimination and Height

Sunday, October 26th, 2008
Posted by Tamara
Height limits as a job requirement are most often illegal. Title VII of the Civil Rights Act of 1964 prevents discrimination against workers due to their race, religion, sex, color and national origin. Aspects of employment covered by Title VII include interviewing, hiring, termination, benefits, compensation and working environment. ... continue reading

Oregon Hostile Work Environment and Disability

Saturday, October 25th, 2008
Posted by Tamara
Under federal law, Oregon employers are prohibited from discriminating against an employee because of his or her race, color, national origin, sex or religion. Federal law, specifically the Americans with Disabilities Act of 1990 (ADA), also prevents discrimination against workers with disabilities. This means that a company cannot use ... continue reading

Age Discrimination in Arkansas

Friday, October 24th, 2008
Posted by Tamara
The federal Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against workers 40 years old and older solely based on their age. This Act covers employment aspects such as working environment, training, advancement, training and compensation.  

As a result, an employer who’s tired of ... continue reading

Hawaii Sex Discrimination and Height

Thursday, October 23rd, 2008
Posted by Tamara
Employees often ask, “Can an employer legally set a minimum height or weight as a requirement for a job?”  

According to Title VII of the Civil Rights Act of 1964, any policy that limits employment opportunities for a protected group is probably illegal. Title VII prohibits ... continue reading

West Virginia Short Term Disability

Thursday, October 23rd, 2008
Posted by Tamara
Short term disability benefits are mandated by state law in California, Hawaii, New Jersey, New York and Rhode Island. New York, New Jersey and Hawaii offer benefits for 26 weeks. Rhode Island’s benefits last up to 30 weeks, and California provides benefits for 52 weeks.

All of ... continue reading

Age Discrimination in Wisconsin

Wednesday, October 22nd, 2008
Posted by Tamara
Many Wisconsin employees ask, “Is an employer legally allowed to hire only applicants over 25 years of age? Isn’t that age discrimination?”  

In Wisconsin, the answer is no; hiring only employees over 25 would not be considered age discrimination. In fact, it isn’t considered age discrimination ... continue reading

Rhode Island Hostile Work Environment and Disability

Wednesday, October 22nd, 2008
Posted by Tamara
The term hostile environment was first coined in relationship to sexual harassment in the workplace, but the term isn’t limited to gender. The term doesn’t have to be sexual in nature, or involve physical contact. Jibes and taunts about an employee’s accent, culture, disability, clothes or other protected characteristics ... continue reading

Iowa Sex Discrimination and Height

Tuesday, October 21st, 2008
Posted by Tamara
An Iowa worker cannot be discriminated against due to his or her gender, religion, race, color or national origin. The federal law protecting employees from discrimination is Title VII of the Civil Rights Act of 1964. The law prohibits discrimination in employment practices such as working conditions, benefits, wages, ... continue reading

Oklahoma Short Term Disability

Tuesday, October 21st, 2008
Posted by Tamara
In California, New York, New Jersey, Rhode Island and Hawaii, state laws require that all employees are eligible for short term disability benefits. In Rhode Island, the disability program is funded via payroll deductions. In the other states the employer is merely required to provide the coverage.

... continue reading

Age Discrimination in Texas

Monday, October 20th, 2008
Posted by Tamara
Consider a Texas employer who is tired of hiring young people who turn out to be immature workers, so he establishes a policy to only hire people over the age of 25. Several employees cry foul, claiming the policy is age discrimination.  

In Texas, setting a ... continue reading

South Carolina Disability

Sunday, October 19th, 2008
Posted by Tamara

A disabled employee recently complained that he was frequently teased about his speech impediment and hearing problem at work. This behavior constitutes a hostile work environment, and the employer should immediately step in and remedy the situation.

A hostile work environment is considered discrimination under ... continue reading

Kentucky Sex Discrimination and Height

Saturday, October 18th, 2008
Posted by Tamara
Title VII of the Civil Rights Act of 1964 prohibits discrimination against workers due to their race, color, sex, national origin and religion. This law covers all aspects of employment, including hiring, firing, training, advancement, transfer, wages, benefits and working environment.   

Though Title VII protects Kentucky ... continue reading

Alabama Religious Discrimination

Friday, October 17th, 2008
Posted by Tamara
Alabama employees asked: are Muslim employees permitted to take prayer breaks at work?

Title VII of the Civil Rights Act of 1964 says that employers can not discriminate due to a worker’s religion. In Alabama, and throughout the country, employers must allow Muslim workers to take prayer ... continue reading

Washington ADA

Thursday, October 16th, 2008
Posted by Tamara
In 1990, the landmark federal law, the Americans with Disabilities Act was passed. This statute set guidelines regarding disabled employees. Under the ADA, employers must provide “reasonable accommodations” for workers with disabilities.

The term “reasonable accommodations” is defined by the job, and by the disabled worker. Each ... continue reading

Muslim Prayer in Wyoming

Thursday, October 16th, 2008
Posted by Tamara
Wyoming employees are curious about the rules governing religion in the workplace. For example, can Muslim workers take time from work for prayer?

The answer to that question is yes, in most cases. The Civil Rights Act of 1964, specifically Title VII prohibits discrimination against employees due ... continue reading

Iowa ADA

Wednesday, October 15th, 2008
Posted by Tamara
Prior the enactment of the Americans with Disabilities Act of 1990 (ADA), employers were not required to make any adjustments for a disabled worker. Since the law passed, employers must make “reasonable accommodations” for a worker with disabilities, as long as doing so doesn’t create undue hardship on the ... continue reading

Religious Discrimination in Wisconsin

Wednesday, October 15th, 2008
Posted by Tamara
Discrimination against workers because of their race, religion, color, sex or nationality is prohibited by Title VII of the Civil Rights Act of 1964. This law covers hiring, termination, advancement benefits and all other aspects of employment.

As a result, discriminating against an employee because of his ... continue reading

Disciplinary Notices in Indiana

Tuesday, October 14th, 2008
Posted by Tamara
Disciplining an Indiana employee can be difficult, especially since there are no federal or state laws governing how to warn workers of infractions. As a result, many companies use a system developed by Human Resources professionals. This progressive discipline procedure is common practice in most large companies and franchises. ... continue reading

Religious Discrimination in Nevada

Tuesday, October 14th, 2008
Posted by Tamara
According to Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate against workers because of their religion. As a result of this law, employers are required to make “reasonable accommodations” for a worker’s “sincerely held” religious beliefs.

Nevada employees have ... continue reading

Religious Discrimination in Louisiana

Monday, October 13th, 2008
Posted by Tamara
The federal Civil Rights Act of 1964, specifically Title VII, prohibits Louisiana employers from discriminating against an employee due to religion, sex, color, race, or national origin. All areas of employment are covered by this statute, including promotions, benefits, discipline, hiring, training and firing.

As a result ... continue reading

Religious Discrimination in North Carolina

Sunday, October 12th, 2008
Posted by Tamara
After 9/11, there have been several court cases involving religious discrimination, specifically against Muslims. Title VII of the Civil Rights Act of 1964 prohibits discrimination against an employee due to their religion, race, sex, color or national origin in all aspects of employment. This means that these factors cannot ... continue reading

Disciplinary Notices in New Hampshire

Saturday, October 11th, 2008
Posted by Tamara
The majority of employers utilize a disciplinary system that includes issuing “warnings” to the employee that he or she needs to makes adjustments in their behavior or performance. The system is often a progressive program, which includes one verbal warning, followed by warnings in writing.

The system ... continue reading