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Archive for December, 2008

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

Nebraska FMLA and Termination

Wednesday, December 31st, 2008
Posted by Tamara
Unless there is a union contract in place, In Nebraska and elsewhere workers who take more than 12 weeks of unpaid FMLA leave in a year are at risk. After the 12 weeks of leave are exhausted, an employer is under no legal obligation to return an employee to ... continue reading

Intermittent FMLA in Kansas

Wednesday, December 31st, 2008
Posted by Tamara
Employees in Kansas and elsewhere nationwide now have to report in advance if the employee is taking intermittent leave under the FMLA.

Under new regulations, workers must follow their companies’ call-in regulations when they take unscheduled, intermittent leave time off.

Unscheduled, intermittent leave is one ... continue reading

Missouri Travel Time and FLSA

Tuesday, December 30th, 2008
Posted by Tamara
Missouri workers and employers should realize that there are federal regulations regarding work-related travel time.

Simply put, workers must be paid for time spent traveling when going to the first job site of the day, provided the job site is outside of the “normal commuting area.” Second, ... continue reading

Michigan Fluctuating Work Week

Tuesday, December 30th, 2008
Posted by Tamara
Michigan workers who are paid under the fluctuating work week method may discover that the more hours they work, the smaller their overtime premium becomes.

Sometimes called the “Belo plan” method for the company that first defended it in court successfully, the fluctuating work week depends on ... continue reading

New Jersey FMLA and Termination

Monday, December 29th, 2008
Posted by Tamara
In New Jersey and elsewhere nationwide, with the exception of employees in some states that have passed more generous family leave laws, most workers are vulnerable to losing their jobs if their unpaid FMLA leave extends beyond 12 weeks long.

Anyone who wishes specific information about a ... continue reading

Intermittent FMLA in Massachusetts

Sunday, December 28th, 2008
Posted by Tamara
Not all employers like the fact, but the FMLA (Family and Medical Leave Act of 1993) allows workers to use their unpaid, job-protected leave intermittently, as little as an hour or two at a time.

In Massachusetts as well as elsewhere around the U.S., unscheduled intermittent leave ... continue reading

Ohio Travel Time and FLSA

Saturday, December 27th, 2008
Posted by Tamara
The Fair Labor Standards Act of 1938 (known as the FLSA) established the minimum wage and rules about overtime.

The FLSA also sets rules about paying employees for travel time.

Many employees in Ohio and elsewhere are unclear about travel time and whether or not ... continue reading

New Mexico Fluctuating Work Week

Friday, December 26th, 2008
Posted by Tamara
Employers and workers in New Mexico who are confused by the so-called “fluctuating work week” are not alone. The complex system can be baffling.

The fluctuating work week is a method of overtime payment for employees whose hours vary widely from one week to the next. Normally, ... continue reading

Tennessee 401k

Thursday, December 25th, 2008
Posted by Tamara
If an employee in Tennessee suspects her company is misusing her 401k contributions, what can she do? Regular deductions are taken from her paycheck, but have not shown up on her 401k statements.

The situation with the Tennessee employee certainly sounds as if something is not quite ... continue reading

Alabama Tipped Minimum Wage

Thursday, December 25th, 2008
Posted by Tamara
The Fair Labor Standards Act of 1938, the federal minimum wage law, mandates that tipped employees in Alabama are entitled to keep all of their gratuities, and can not be required to share tips with a salaried manager. The policy was set by the U. S. Department of Labor. ... continue reading

South Carolina 401k

Wednesday, December 24th, 2008
Posted by Tamara
Unfortunately, a number of South Carolina employees have had 401k contributions stolen recently. A South Carolina employee contributes to a 401k by regular payroll deductions, but the contributions haven’t shown up on her 401k statements. Is it possible that her employer is misappropriating her 401k deductions? If so, what ... continue reading

Salaried Exempt in North Carolina

Wednesday, December 24th, 2008
Posted by Tamara
Determining which salaried employees are eligible for overtime is an involved process. Many factors must be considered, including pay rate and job duties.

Under the Fair Labor Standards Act (FLSA), any employee who works more than 40 hours in one week is entitled to 1.5 times their ... continue reading

South Dakota 401k

Tuesday, December 23rd, 2008
Posted by Tamara
A South Dakota employee contributes to a 401k plan, but the deductions from her paycheck do not show up on any of her 401k statements. Is it possible, her company is misappropriating these 401k funds? What action should the employee take?

It certainly is possible, and unfortunately, ... continue reading

Wyoming STD and Termination

Tuesday, December 23rd, 2008
Posted by Tamara
In Wyoming, can a worker be terminated while on short term disability leave? Can an employee who’s already taken 8 weeks of disability leave, take disability again?

The answer to each question depends on several factors. Short term disability is a private insurance plan that supplies payments ... continue reading

Federal Holiday Pay

Monday, December 22nd, 2008
Posted by Tamara
Many workers think that working on a federal holiday legally entitles them to extra pay. This is a misconception. There is no state or federal that requires a company to pay employees extra for working on a holiday.

In fact, employers are not required by law to ... continue reading

Arizona Tipped Minimum Wage

Sunday, December 21st, 2008
Posted by Tamara
Arizona tipped workers, along with tipped workers in many other states, cannot be forced to share their tips with salaried managers.

The federal minimum wage law, established by the Fair Labor Standards Act of 1938, allows employers to pay tipped workers less. Currently, the Arizona minimum wage ... continue reading

Salaried Exempt in Rhode Island

Saturday, December 20th, 2008
Posted by Tamara
According to the federal Fair Labor Standards Act (FLSA), any employee who works more than 40 hours in one week is entitled to overtime pay at 1.5 times their usual rate. This seems straightforward, but there are exceptions. One complex issue is determining if salaried employees are exempt from ... continue reading

Virginia STD and Termination

Friday, December 19th, 2008
Posted by Tamara
Virginia employees are concerned about losing their jobs while on disability leave. They are also concerned about length of disability leave. For example, if an employee has already taken 11 weeks of disability, can he or she go on disability again?

Short term disability is an insurance ... continue reading

Arkansas Tipped Minimum Wage

Thursday, December 18th, 2008
Posted by Tamara
Arkansas tipped employees may legally be paid less than minimum wage. They can not be required, however, to share these tips with a salaried manager.

The Arkansas minimum wage for tipped workers is 43% of the state minimum wage, or currently $2.625 according to the U.S. Department ... continue reading

Georgia Holiday Pay

Thursday, December 18th, 2008
Posted by Tamara
The majority of companies provide employees with 5 to 7 paid holidays per year. Employers are not legally obligated, however, to provide workers with these holidays. No federal or Georgia law exists to mandate paid holidays for employees.

Many Georgia workers assume that if they work on ... continue reading

Texas 401k

Wednesday, December 17th, 2008
Posted by Tamara
A Texas employee suspects her employer is misusing her 401k funds. Regular deductions are taken from her paycheck, but they do not show up on her 401k statement. What actions can or should she take?

The Texas employee should run to the nearest phone and contact EBSA ... continue reading

Salaried Exempt in Nevada

Wednesday, December 17th, 2008
Posted by Tamara
The Fair Labor Standards Act (FLSA) mandates that every employee who works more than 40 hours in one week is entitled to overtime pay at 1.5 times his or her usual hourly rate. Employers often assume that this law doesn’t apply to salaried employees.

That assumption is ... continue reading

West Virginia STD and Termination

Tuesday, December 16th, 2008
Posted by Tamara
Several West Virginia employees had questions about short term disability availability and job protection. If a worker takes 11 weeks of disability, can he or she go on disability again? If an employee takes a lot of disability leave, can he or she be fired for being away from ... continue reading

Colorado Tipped Minimum Wage

Tuesday, December 16th, 2008
Posted by Tamara
According to the Fair Labor Standards Act of 1938, which set the federal minimum wage, employers may pay tipped workers less than the minimum.

The Colorado minimum wage for tipped workers is currently $4.00 per hour according to the U.S. Department of Labor. It applies only to ... continue reading

Kentucky Holiday Pay

Monday, December 15th, 2008
Posted by Tamara
Many Kentucky workers wonder if they are entitled to extra pay for working holidays.

The answer is no. Kentucky law doesn’t require it, nor does federal law. No Kentucky or federal law requires employers to provide paid holidays, period. Employers aren’t required by law to pay extra ... continue reading

Salaried Exempt in New Mexico

Sunday, December 14th, 2008
Posted by Tamara
According to the FLSA (Fair Labor Standards Act), any employee who puts in more than 40 hours in one week is entitled to overtime pay at 1.5 times their usual rate.

The law does not apply to all employees. The exceptions to the rule are salaried personnel, ... continue reading

Vermont 401k

Saturday, December 13th, 2008
Posted by Tamara
If a Vermont employee suspects her employer is misappropriating employee benefit funds, what action can or should she take?

The employee should run to the nearest phone and contact the Employee Benefits Security Administration (EBSA) at 866-444-EBSA (866-444-3272).

This federal agency is in charge of ... continue reading

Wisconsin STD and Termination

Friday, December 12th, 2008
Posted by Tamara
Workers in Wisconsin are concerned about the length of short term disability leave and job security while on leave. For example, if a worker has taken 9 weeks of disability leave, can he or she go on disability again? Can that same worker be terminated for taking so much ... continue reading

Delaware Tipped Minimum Wage

Thursday, December 11th, 2008
Posted by Tamara
The Delaware minimum wage for tipped workers is $2.23 per hour, according to the U.S. Department of Labor. Delaware employers are allowed to pay tipped employees this wage only if that employee earns $30 per month in tips, on a regular basis. Delaware employees cannot be required to share ... continue reading

Washington STD and Termination

Thursday, December 11th, 2008
Posted by Tamara
Many Washington employees have questions about short term disability leave. If an employee already received 11 weeks of short term disability, can he or she go on disability again? If an employee is on short term disability, can he or she be terminated for taking too much time off ... continue reading