My Current State: 

Archive for November, 2008

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

Intermittent FMLA in Hawaii

Sunday, November 30th, 2008
Posted by Tamara
New regulations for FMLA (Family and Medical Leave Act of 1993) leave were released recently. They will go into effect on January 17, 2009. The U. S. Department of Labor made these changes as a result of concerns employers had about intermittent, unscheduled FMLA leave.

Prior to ... continue reading

Delaware Payday

Saturday, November 29th, 2008
Posted by Tamara
Several states, including Delaware, have established state minimum wage laws. Under these laws, the employer must pay workers on the regular payday. Failure to do so is a violation of the law.

The minimum law applies because not paying workers on the payday is the same as ... continue reading

Returning to Work After FMLA in Ohio

Friday, November 28th, 2008
Posted by Tamara
If an employee returns to work after 10 weeks of FMLA leave, can her supervisor cut her hours in half?

No. Under the FMLA (Family and Medical Leave Act), an employee’s job is protected, and he or she must return to the same job, or to a ... continue reading

Paid Time Off and FMLA in Michigan

Thursday, November 27th, 2008
Posted by Tamara
The Family and Medical Leave Act (FMLA) provides employees up to 12 weeks of unpaid, job-protected leave for various medical and personal situations. FMLA applies when an employee has a serious health issue, needs to care for an ill family member (parent, spouse, child), or for the birth of ... continue reading

Light Duty in Massachusetts

Thursday, November 27th, 2008
Posted by Tamara
When assigning an employee to a light duty position, employers must apply the protocol evenly and fairly. For example, a company can’t provide light duty positions to female workers, but deny them to male workers. Doing so would constitute discrimination and violate Title VII of the Civil Rights Act ... continue reading

Intermittent FMLA in Utah

Wednesday, November 26th, 2008
Posted by Tamara
The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per 12 month period for certain personal and medical conditions. To be eligible an employee must have worked for that employer at least 1,250 hours in the ... continue reading

New Jersey Payday

Wednesday, November 26th, 2008
Posted by Tamara
Under New Jersey state minimum wage law and federal minimum wage law, it is illegal for a company not to pay workers on the established payday. The employer may set any payday it wishes, but once the payday is set, it must be honored.

Failure of an ... continue reading

Returning to Work After FMLA in Rhode Island

Tuesday, November 25th, 2008
Posted by Tamara
An Rhode Island employee returns to work after 10 weeks of FMLA (Family and Medical Leave Act) leave to find that her supervisor has hired someone else, and can only give her half her normal hours. The Human Resources department says by law the employer must give the employee ... continue reading

Paid Time Off and FMLA in North Carolina

Tuesday, November 25th, 2008
Posted by Tamara
In North Carolina, in some cases, employers may count paid time, such as sick leave, vacation time, personal days and short-term disability against a worker’s 12 weeks of FMLA leave. According to the U. S. Department of Labor, these policies depend on the company and the state in which ... continue reading

Light Duty in New Hampshire

Monday, November 24th, 2008
Posted by Tamara
If an employee requires a transfer to a light duty position, New Hampshire employers are not legally required to provide a job if a light duty position isn’t available. There is no New Hampshire or federal law pertaining to light duty, but several cases have been tried in the ... continue reading

Intermittent FMLA in Virginia

Sunday, November 23rd, 2008
Posted by Tamara
In 2007, the U. S. Department of Labor stated that unscheduled, intermittent FMLA leave was a major concern for companies in Virginia and across the country.

FMLA (Family and Medical Leave Act of 1993) permits eligible employees to take up to 12 weeks of job-protected, unpaid leave ... continue reading

Oklahoma Payday

Saturday, November 22nd, 2008
Posted by Tamara
Oklahoma employers may set any payday they chose. Once the day is set, however, the employer must honor it. Failure to do so violates the law.

Oklahoma state minimum wage law prohibits this practice, because by not paying workers, the employer is paying less than minimum wage, ... continue reading

Wisconsin Job Security Under FMLA

Friday, November 21st, 2008
Posted by Tamara
When employees take FMLA (Family and Medical Leave Act) leave, they are ensured by law to keep their jobs. Companies have often mistakenly assumed that they must “keep the job open” or vacant, while the employee is on FMLA leave. Workers, too, often ask, “While I’m on FMLA leave, ... continue reading

North Dakota Discrimination

Thursday, November 20th, 2008
Posted by Tamara
Employees are protected from discrimination based on color, race, sex, religion and country of origin by Title VII of the Civil Rights Act of 1964. The Americans with Disabilities Act of 1990 protects disabled workers, and the Age Discrimination in Employment Act of 1967 prevents discrimination against persons over ... continue reading

Maryland Job Security Under FMLA

Thursday, November 20th, 2008
Posted by Tamara
The FMLA (Family and Medical Leave Act) provides unpaid, job-protected leave to workers for various medical and personal situations. The term job-protected often confuses both employers and employees.

Several Maryland workers have asked if their employer is legally required to “hold their job open” while they are ... continue reading

Michigan Sexual Orientation

Wednesday, November 19th, 2008
Posted by Tamara
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, religion, race, national origin and color. The Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967 prohibit discrimination against disabilities and age. All of these laws prohibit discrimination in ... continue reading

Wisconsin Escheat Laws

Wednesday, November 19th, 2008
Posted by Tamara
The term “escheat” is often used in real estate, especially when discussing the disposition of property of someone without relatives.

Though understood in context, many people aren’t certain exactly what escheat means. Escheat mandates that when a person dies without any heirs, the government takes possession of ... continue reading

Missouri Discrimination

Tuesday, November 18th, 2008
Posted by Tamara
In the near future, there may be a law making it illegal to discriminate based on an employee’s sexual orientation. A bill (ENDA) prohibiting sexual orientation discrimination passed the U.S. House in 2007, however, it never made it past the Senate. Currently there is no federal law or Missouri ... continue reading

Nevada Job Security Under FMLA

Tuesday, November 18th, 2008
Posted by Tamara
Both employers and employees are often confused about what happens to the worker’s job when he or she is on FMLA leave (Family and Medical Leave Act). Several employees have asked if their company is legally required to “hold their job open”, while they are on leave. Employers are ... continue reading

Iowa Escheat Laws

Monday, November 17th, 2008
Posted by Tamara
Back in feudal times when the king owned all the land, English common law used a process called “escheat”. This process went into effect when a tenant died, committed a felony, or was executed for treason. Since the king owned everything, he would grant land to lords, who would ... continue reading

West Virginia Smoking Breaks

Sunday, November 16th, 2008
Posted by Tamara
Intelligent employees who smoke would be wise to follow their company’s guidelines regarding smoking breaks, because employers are not legally required to provide them. No West Virginia or federal law mandates that businesses provide time for workers to take a smoke break.

Employers are not required by ... continue reading

Alabama Job Security Under FMLA

Saturday, November 15th, 2008
Posted by Tamara
The Family and Medical Leave Act (FMLA) requires that when a worker is out on leave, he or she be still considered employed by that company. The employer may not terminate that worker simply because he or she is absent.

This concept can be confusing for Alabama ... continue reading

Alaska Polygraph

Friday, November 14th, 2008
Posted by Tamara
Federal, state and local government employers are allowed by law to administer polygraph tests to screen applicants, and are also allowed to use those results as a factor in the hiring decision.   Many of these employers are involved in security and public safety, such as police departments and ... continue reading

Arkansas Smoking Breaks

Thursday, November 13th, 2008
Posted by Tamara
Arkansas employers are not legally obligated by state law or by federal law to provide employees with any smoking breaks, ever.

In fact, there is no federal law or state law that demands companies give employees breaks during the workday. No matter how long the work shift ... continue reading

Oklahoma Discrimination

Thursday, November 13th, 2008
Posted by Tamara
There are several federal laws that prohibit discrimination. Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and others protect employees from discrimination based on race, sex, age, color, country of origin, disability and religion. These federal laws are enforced by the EEOC (Equal ... continue reading

Maine Escheat Laws

Wednesday, November 12th, 2008
Posted by Tamara
In the United States, the word “escheat” refers to the transfer of title to the state. The term is used most often in a real estate context, but not many people truly understand what the word means.

The term’s meaning has changed a bit since it’s usage ... continue reading

Hawaii Polygraph

Wednesday, November 12th, 2008
Posted by Tamara
Many Hawaii employees are curious about the federal law concerning polygraph tests for employment.

According to the federal Employee Polygraph Protection Act (EPPA), most private employers are prohibited from administering polygraphs for pre-employment screening or after a worker is hired. Hawaii follows the federal law, so in ... continue reading

Vermont Job Security Under FMLA

Tuesday, November 11th, 2008
Posted by Tamara
When employees are out on FMLA leave (Family and Medical Leave Act), do the employers have to “hold their jobs open”?

This question is asked by both employees and employers. Employers mistakenly assume that when a worker is on FMLA, the company must leave that slot vacant, ... continue reading

Florida Smoking Breaks

Tuesday, November 11th, 2008
Posted by Tamara
With so many buildings going completely non-smoking, the time that employees spend away from their job to smoke is becoming an issue.

Employers are not required to provide employees with smoking breaks. Neither Florida nor federal law requires it. Union contracts usually detail the number and length ... continue reading

New Mexico Escheat Laws

Monday, November 10th, 2008
Posted by Tamara
A term often used in real estate is “escheat”, a term that often confuses many people.

Escheat is the rule of law that applies to cases where a person dies and does not leave a will and has no relatives. In these scenarios, the deceased person’s property, ... continue reading