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Archive for January, 2009

You are currently browsing the Labor Law Talk Blog weblog archives for January, 2009.

Maternity Leave in New Hampshire

Saturday, January 31st, 2009
Posted by Tamara
New Hampshire and the majority of states are covered under the federal Family and Medical Leave Act of 1993 (FMLA). This Act allows employees to take up to 12 weeks of unpaid leave for a variety of purposes, including childbirth, adoption of a newborn, or the recent placing of ... continue reading

Hawaii Tipped Minimum Wage

Friday, January 30th, 2009
Posted by Tamara
Not everyone knows it, but tipped workers in some states are not legally entitled to the full federal minimum wage.

Tipped employees are entitled to a federal minimum age of only $2.13 an hour.

In Hawaii, the tipped minimum wage is $7.00 per hour, while ... continue reading

Louisiana Sick Pay

Thursday, January 29th, 2009
Posted by Tamara
Employers are not legally obligated to provide paid sick time for its employees. There is no federal or Louisiana labor law relating to sick pay.

Approximately 10 states will pay terminated workers for accrued vacation time, but no state requires companies to pay employees for accrued sick ... continue reading

Maternity Leave in Kentucky

Thursday, January 29th, 2009
Posted by Tamara
Eleven states have enacted their own family leave laws. In these states, including California, Hawaii, Oregon and others, the laws regarding family leave vary widely.

Kentucky, however, does not have its own family leave laws. Employees in Kentucky are concerned about being terminated while on maternity leave. ... continue reading

Mississippi Tipped Minimum Wage

Wednesday, January 28th, 2009
Posted by Tamara
The minimum wage for tipped employees under federal and Mississippi law is $2.13 per hour.

When tipped employees make more than $30 a month in tips, employers in Mississippi and most other states do not have to pay the full minimum age. However, employees need not share ... continue reading

Mississippi Holiday Pay

Wednesday, January 28th, 2009
Posted by Tamara
Here are two questions that all employers, workers and Human Resources professionals should be able to answer:

“Are Mississippi employers mandated to pay their employees premium pay rates when they work on holidays?”

“Are companies required to give their workers paid holidays off?”

... continue reading

Massachusetts Sick Pay

Tuesday, January 27th, 2009
Posted by Tamara
Massachusetts law does not require employers to provide workers paid sick time. Neither does federal law. In fact, there is no state or federal law regarding sick pay at all.

No state requires employers to pay for accrued sick time either. Ten states mandate that companies pay ... continue reading

Maternity Leave in New York

Tuesday, January 27th, 2009
Posted by Tamara
Under federal law, a New York employee can be laid off under certain circumstances. However, generally an employee cannot be laid off solely because she is pregnant, or on maternity leave.

Several states, including New Jersey, Rhode Island, Washington and others, have enacted their own family leave ... continue reading

Sick Pay

Monday, January 26th, 2009
Posted by Tamara
Approximately 10 states have laws that require employers to pay accrued vacation time to terminated workers. There are no states, however, which require employers to pay for accrued sick time upon termination. Even California, which has the nation’s toughest labor laws, does not require employers to pay worker for ... continue reading

New Hampshire Holiday Pay

Sunday, January 25th, 2009
Posted by Tamara
In the Human Resources field, “holiday pay” usually means: the pay that an employee receives for a holiday off.

Typically, that means the company pays each worker for 8 hours that he or she did not work on a holiday. In almost every case, holiday pay is ... continue reading

Vermont Tipped Minimum Wage

Saturday, January 24th, 2009
Posted by Tamara
What does the law say about wages for tipped employees? Must they get the federal minimum wage?

The answer is that in Vermont – and many other states as well – tipped workers need not be paid as much as the minimum wage. But they are protected ... continue reading

Delaware Sick Pay

Friday, January 23rd, 2009
Posted by Tamara
Paid sick time is a benefit offered by Delaware employers at their own discretion. There is no Delaware law which requires companies to pay workers for sick time. In fact, there is no state or federal law regarding paid sick time.

Ten states require companies to pay ... continue reading

New York Conviction Law

Thursday, January 22nd, 2009
Posted by Tamara
New York Governor David Paterson signed legislation on August 5, 2008 which requires companies to post Article 23 A of the correction law regarding employing persons with a criminal conviction.

Every New York employer must display a poster of the New York Correction Law related to convictions, ... continue reading

New York Blood Donation Law

Wednesday, January 21st, 2009
Posted by Tamara
The New York Employee Blood Donation Leave law (section 202-j of the New York Labor Laws) requires employers to provide workers with up to 3 hours of unpaid leave each year to donate blood off-premises. This leave must occur during the employee’s regular work hours without negative consequences from ... continue reading

Washington Minimum Wage Increases to $8.55

Wednesday, January 21st, 2009
Posted by Tamara
On January 1, 2009, the Washington state minimum wage increased from $8.07 per hour to $8.55 per hour, a jump of 48 cents. The increase is mandated by state Initiative 688, voted into law in 1998. The raise in the minimum wage is calculated in September of each year ... continue reading

2009 Arizona Minimum Wage is $7.25

Tuesday, January 20th, 2009
Posted by Tamara
On January 1, 2009, the first annual cost of living adjustment went into effect, raising the Arizona minimum wage 35 cents from $6.90 to $7.25 per hour. The cost of living adjustment is calculated according to the annual inflation rate as reported by the CPI (Consumer Price Index).On November ... continue reading

Colorado Minimum Wage Increases to $7.28

Monday, January 19th, 2009
Posted by Tamara
On January 1, 2009, Donald J. Mares, the Executive Director of Labor and head of the Colorado Department of Labor, published the updated Colorado minimum wage. The minimum increased by 26 cents from $7.02 to $7.28 per hour. The state minimum wage increased for tipped employees from $4.00 to ... continue reading

Returning to Work After FMLA in Wyoming

Sunday, January 18th, 2009
Posted by Tamara
An Wyoming full-time worker is due to return to her job after taking nine of the 12 weeks of annual FMLA leave she is entitled to.

On the day she comes back to work she discovers that her boss has decided to keep the worker who was ... continue reading

2009 Connecticut Minimum Wage is $8.00

Sunday, January 18th, 2009
Posted by Tamara
As a result of these state laws, the Connecticut minimum wage rose on January 1, 2009 by 35 cents, going from $7.65 per hour to $8.00 per hour. On January 1, 2010, the minimum will increase again by 25 cents to $8.25 per hour.

Unlike other states, ... continue reading

2009 Missouri Minimum Wage

Saturday, January 17th, 2009
Posted by Tamara
The Department of Labor and Industrial Relations reports that in 2008, Missouri’s minimum wage increased by 15 cents. In August of 2008, the Department released preliminary data indicating that the 2009 increase would be significantly larger than 2008’s raise.

On January 1, 2009, the increase took effect, ... continue reading

2009 Ohio Minimum Wage is $7.30

Friday, January 16th, 2009
Posted by Tamara
As a result of an amendment the Ohio minimum wage increased by 30 cents on January 1, 2009, going from $7.00 to $7.30 per hour. Tipped workers also received an increase in their minimum wage. According to the Ohio Department of Commerce , the minimum for tipped workers rose ... continue reading

Returning to Work After FMLA in Georgia

Thursday, January 15th, 2009
Posted by Tamara
Employees are entitled to job protection when returning from their FMLA leave. All workers may under certain circumstances take up to 12 weeks of the unpaid leave annually. Qualifying conditions include tending to a personal illness or to the illness of an immediate family member or spouse. Employees may ... continue reading

2009 Montana Minimum Wage Increases to $6.90

Thursday, January 15th, 2009
Posted by Tamara
The Montana minimum wage is increased each year according to the cost of living. This increase is required by Montana state law. The Consumer Price Index (CPI) is used to calculate the increase, based on the rate of inflation over the previous 12 months.

On January 1, ... continue reading

2009 Florida Minimum Wage Increase

Wednesday, January 14th, 2009
Posted by Tamara
In November of 2004, Florida voters passed a constitutional amendment to establish a Florida state minimum wage. Under this law, Florida must adjust its minimum each year for inflation. The Consumer Price Index (CPI) for urban wage earners and clerical workers in the South Region serves as the source ... continue reading

2009 Minimum Wage Posters

Wednesday, January 14th, 2009
Posted by Tamara
Employers are required by law to display posters detailing labor laws, including the laws that pertain to federal and state minimum wage. Every time the laws are changed, the posters must be changed, too.

The last change in the federal minimum wage occurred in July of 2008, ... continue reading

New Mexico Minimum Wage Increase to $7.50

Tuesday, January 13th, 2009
Posted by Tamara
Like many other states, New Mexico enacted an increase to their minimum wage that was effective on January 1, 2009. Of all the increases, though, New Mexico’s is the largest. Its wage went up an entire dollar, going from $6.50 to $7.50 per hour.

The New Mexico ... continue reading

New York Nursing Mothers Act

Tuesday, January 13th, 2009
Posted by Tamara
The New York Nursing Mothers in the Workplace Act was passed in 2007. This Act requires employees to provide a reasonable amount of unpaid leave for working mothers to express milk during work hours. Nursing mothers are also permitted by this law to take paid leave for this purpose. ... continue reading

Oregon Minimum Wage Increases to $8.40

Monday, January 12th, 2009
Posted by Tamara
On September 16, 2008, State Labor Commissioner Brad Avakian announced the new rate for the state minimum wage. As a result, on January 1, 2009, the Oregon minimum rose from $7.95 to $8.40, a bump of 45 cents.

Labor Commissioner Avakian made the following statement regarding the ... continue reading

2009 Vermont Minimum Wage Increases to $8.06

Sunday, January 11th, 2009
Posted by Tamara
The Vermont minimum wage , one of the top five minimum wages in the nation, increased from $7.68 per hour to $8.06 per hour, a jump of 38 cents.

Vermont tipped employees received an increase of 19 cents on January 1, 2009, from $3.72 to $3.91 per ... continue reading

Returning to Work After FMLA in Louisiana

Saturday, January 10th, 2009
Posted by Tamara
Lorraine is a full-time administrative assistant at a large ad agency. While she is on FMLA leave, the company suffers the loss of two of its major clients. The company is forced to reduce its secretarial staff of 20 to half-time hours. Normally, FMLA leave would guarantee that Lorraine ... continue reading