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Archive for March, 2009

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

Age Discrimination in Georgia

Tuesday, March 31st, 2009
Posted by Tamara
A Georgia employer is tired of immature employees and enacts a plan to hire only applicants over the age of 25. Several Georgia workers have wondered if this practice is discrimination.

The answer is no. Hiring only applicants over the age of 25 does not constitute age ... continue reading

Federal Hostile Work Environment

Monday, March 30th, 2009
Posted by Tamara
The term hostile work environment is often considered only to be connected to sexual harassment where an employee suffers abusive behavior and language because of his or her gender. Federal laws have determined that hostile work environment also applies to more than just gender.

A hostile environment ... continue reading

Religious Discrimination in Maine

Friday, March 27th, 2009
Posted by Tamara
Discrimination against an employee because of his or her religion is illegal. Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against workers based on their gender, race, national origin, color or religion. This law applies to several areas of employment including applications, ... continue reading

Nebraska Hostile Work Environment and Disability

Thursday, March 26th, 2009
Posted by Tamara
Recently an employee was awarded $166,500 in a discrimination suit. The worker had a hearing impairment, and was subjected to taunts like “You got your ears on?” and “CAN YOU HEAR ME NOW?”. This created a hostile work environment for the employee and she filed a complaint. Unfortunately, she ... continue reading

Disciplinary Notices in New York

Wednesday, March 25th, 2009
Posted by Tamara
Disciplining an employee for an infraction of company policy can be awkward and difficult. There are no New York laws governing disciplinary measures, but some Human Resources professionals have put a few methods into practice. In most large companies and franchises, these disciplinary methods have become standard operating procedure. ... continue reading

Kentucky ADA

Tuesday, March 24th, 2009
Posted by Tamara
What constitutes “reasonable accommodations” for disabled employees in Kentucky? The answer depends on the job and on the employer.

After passage of the Americans with Disabilities Act in 1990, all employers are required to make reasonable accommodations for employees with a disability. These accommodations can include change ... continue reading

Age Discrimination in Iowa

Monday, March 23rd, 2009
Posted by Tamara
Some Iowa employees have wondered if there is an Iowa or federal law that protects workers from age discrimination.

The answer is yes. There are two federal laws that prohibit age discrimination. The ADEA (Age Discrimination in Employment Act of 1967) prohibits discrimination due to a worker’s ... continue reading

Age Discrimination in Rhode Island

Friday, March 20th, 2009
Posted by Tamara
There are two different federal laws that protect Rhode Island employees from discrimination due to age.

First, the ADEA (Age Discrimination in Employment Act of 1967) prohibits job discrimination in employment practices based on age for workers 40 years old or older. Under ADEA, employers cannot use ... continue reading

Religious Discrimination in Utah

Thursday, March 19th, 2009
Posted by Tamara
Since 9/11, a number of cases of religious discrimination against Muslims have appeared in the courts in Utah and across the nation. For example, two Islamic employees in Pennsylvania worked the local government. The dress code required male employees to be clean-shaven. The Islamic religion requires the men to ... continue reading

New Jersey Disability

Wednesday, March 18th, 2009
Posted by Tamara
According the Americans with Disabilities Act of 1990 (ADA), employers can discriminate against employees because of their disabilities. This law covers all aspects of employment, such as wages, promotion, working conditions, benefits and training.

The law doesn’t insist New Jersey employers hire disabled workers, but prevents them ... continue reading

Disciplinary Notices in Virginia

Tuesday, March 17th, 2009
Posted by Tamara
Most Virginia employers have put into place a procedure for disciplining an employee who breaks a company policy. This procedure usually involves a verbal warning, followed by written warnings. Most companies use the one verbal, three written standard, but the exact number is completely under their control.

... continue reading

North Dakota ADA

Monday, March 16th, 2009
Posted by Tamara
Prior to the passage of the Americans with Disabilities Act, landmark legislation that was passed in 1990, employers were not obligated to make adjustments for disabled workers. In fact, businesses and government agencies were allowed to design barriers that would prevent access for a disabled worker.

After ... continue reading

Age Discrimination in Nevada

Friday, March 13th, 2009
Posted by Tamara
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating against a worker because of age in employment practices such as hiring, firing, advancement and salary. This law, however, only applies to workers aged 40 and over.

Several Nevada employees wonder if any laws ... continue reading

Arizona Hostile Work Environment

Thursday, March 12th, 2009
Posted by Tamara

Under the federal discrimination laws, creating a hostile work environment is a form of discrimination and is illegal. The term “hostile work environment” was first coined in relation to sexual harassment where an employee is exposed to insulting or abusive behavior because of his or her gender. ... continue reading

Salaried Exempt Employees

Wednesday, March 11th, 2009
Posted by Tamara
The federal law governing overtime pay for wage-earners in the U.S.   requires that some salaried employees be paid overtime when they work more than 40 hours a week.

The federal Fair Labor Standards Act (FLSA) is the applicable law. The FLSA has in fact created two ... continue reading

Salaried Exempt in Minnesota

Tuesday, March 10th, 2009
Posted by Tamara
Some salaried employees in Minnesota and elsewhere in the U.S. are entitled to overtime pay.

Many employers are under the impression that if someone on their staff is salaried, he or she is automatically not entitled to be paid “time-and-a-half” for overtime.

There are, however, ... continue reading

Salaried Exempt in Arizona

Monday, March 9th, 2009
Posted by Tamara
While a common assumption is that salaried executives and managers in Arizona and in other states are not legally entitled to overtime pay, the reality is more complicated than that.

In fact, there are some salaried employees who are entitled to overtime pay regardless of their job ... continue reading

Salaried Exempt in Kansas

Friday, March 6th, 2009
Posted by Tamara
One federal regulation that all employers in Kansas and elsewhere in the U.S. should be aware of is the rule governing which of their employees are entitled to overtime pay and which ones are not.

Employers should understand that it is not enough merely to declare someone ... continue reading

Connecticut Sick Pay

Thursday, March 5th, 2009
Posted by Tamara
There is no Connecticut law requiring paid sick leave. Union contracts may require that employees receive paid sick leave. If an employer has a written policy or past practice of providing paid sick leave, they may be obligated to provide it.

Because of contracts that require it ... continue reading

Maternity Leave in Nebraska

Wednesday, March 4th, 2009
Posted by Tamara
Mary, a hypothetical administrative assistant working for a company in Nebraska, is taking maternity leave. The question is whether Mary or any other worker in her situation may be laid off or fired while taking FMLA leave.

The answer varies, depending on the circumstances.

Assume ... continue reading

Ohio Sick Pay

Tuesday, March 3rd, 2009
Posted by Tamara
Employees are not “entitled” to sick time in Ohio or anywhere else in the U.S.

Simply put, no state or federal law requires employers to offer paid sick time to workers. If an employer does choose to offer it, usually the employer sets the policies regarding sick ... continue reading

Maternity Leave in Idaho

Monday, March 2nd, 2009
Posted by Tamara
In Idaho, a hypothetical employee who will be called Susan is working as an administrative assistant. She takes maternity leave.

While she is on leave, is it legal for her employer to lay her off or fire her?

The answer to the question will depend ... continue reading