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Archive for April, 2009

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

Nevada Job Security Under FMLA

Thursday, April 30th, 2009
Posted by Tamara
Nevada employers are sometimes confused by the job protection clause of FMLA (Family and Medical Leave Act). Often, companies understand job protection to mean that they have to “hold a job open” for an employee on FMLA.

This is a common misconception with both employers and employees, ... continue reading

Arizona Sex Discrimination and Height

Wednesday, April 29th, 2009
Posted by Tamara
Many Arizona employees misunderstand the concept of a hostile work environment.

Sex discrimination results when a person is discriminated against because of his or her gender. Sexual harassment, for example, is a type of sex discrimination. Sexual harassment occurs when an employee receives unwelcome sexual advances, requests ... continue reading

Minnesota Short Term Disability

Tuesday, April 28th, 2009
Posted by Tamara
If a Minnesota employee has a heart attack and am unable to work, is he eligible for paid short-term disability?  

In most cases, no he is not. Neither Minnesota nor federal law guarantees income for an employee on short-term disability.

Some Minnesota employees are ... continue reading

Massachusetts Worker Safety and ATVs

Monday, April 27th, 2009
Posted by Tamara
Massachusetts employees are concerned about the safety of ATVs.

This is a valid concern. As fun as ATVs (All Terrain Vehicles) appear, they can be the cause of injury and fatalities. In Arizona over Labor Day, a recreational accident with an ATV resulted in a tragic death. ... continue reading

New Jersey Escheat Laws

Friday, April 24th, 2009
Posted by Tamara
The term “escheat” is normally used in reference to New Jersey real estate and can create some confusion.

It is an old term, originally used in English common law back in the days of feudal lords and kings. This law states that when a person dies, their ... continue reading

Idaho Job Security Under FMLA

Thursday, April 23rd, 2009
Posted by Tamara
Idaho employers and employees often think that when a worker is on FMLA leave, the company is required to “hold a job open” while the worker is absent.

This assumption is incorrect. The FMLA (Family Medical and Leave Act) applies to what happens when an employee returns ... continue reading

Federal Sex Discrimination and Height

Wednesday, April 22nd, 2009
Posted by Tamara
Many employees have questions about the meaning of sex discrimination under the federal law. Sex discrimination doesn’t have to involve physical contact. Creating a situation where the employee is subjected to sexual, abusive contact because of his or her gender is also discrimination. This type of sex discrimination creates ... continue reading

Nebraska Short Term Disability

Tuesday, April 21st, 2009
Posted by Tamara
There are several programs available for employees who are injured, pregnant or have a “serious medical condition”.

A worker with a “serious medical condition” could be eligible for FMLA (Family Medical and Leave Act) leave, which provides up to 12 weeks of unpaid, job-protected leave.

... continue reading

New Hampshire Worker Safety and ATV

Monday, April 20th, 2009
Posted by Tamara
All Terrain Vehicles (ATV) are used for recreation and for business, and are becoming more popular in the landscaping, construction and agriculture industries. Though these vehicles look like toys, they can be dangerous. A recent Consumer Product Safety Commission report states that accidents involving ATV have risen along with ... continue reading

North Carolina Escheat Laws

Friday, April 17th, 2009
Posted by Tamara
The Old English term “escheat” is one of the common laws from the days of kings and feudal lords. Though the term was coined centuries ago, it is still used today, usually referring to real estate. People in North Carolina are wondering exactly what the term means.

... continue reading

Pennsylvania Job Security Under FMLA

Thursday, April 16th, 2009
Posted by Tamara
Pennsylvania employees have wondered if federal or state law requires their employer to “hold a job open” for an employee on FMLA.

Pennsylvania employers often ask the same questions. The answer is yes, but it does not mean that the company has to leave that position vacant ... continue reading

Religious Discrimination in Washington

Wednesday, April 15th, 2009
Posted by Tamara
Discriminating against someone at work because of their religion is illegal. Washington employers are legally obligated to make “reasonable accommodations” for a worker’s religious beliefs under federal law.

The relevant law is the federal Civil Rights Act of 1964, specifically Title VII. Under Title VII, employers are ... continue reading

Arizona ADA

Tuesday, April 14th, 2009
Posted by Tamara
In 1990, the United States passed a landmark law called the Americans with Disabilities Act (ADA). Under this law, employers were required to make “reasonable accommodations” for disabled employers.

What constitutes “reasonable accommodation” can vary depending on the employer and on the job.

For example, ... continue reading

Religious Discrimination in Connecticut

Monday, April 13th, 2009
Posted by Tamara
Connecticut employers need to be aware of a case in federal court involving religious discrimination. After 9/11 an Islamic woman was fired from Alamo car rental in Phoenix for not removing her headscarf. She argued her scarf had been approved by her boss. In addition, prior to 9/11, the ... continue reading

Disciplinary Notices in Alabama

Friday, April 10th, 2009
Posted by Tamara
Most Alabama employers have established a formal, progressive disciplinary procedure that includes at least one verbal warning and up to three written warnings. These infractions are discussed with the employee and the worker is asked to sign the warning. Often, workers refuse to sign, afraid that doing so is ... continue reading

Delaware ADA

Thursday, April 9th, 2009
Posted by Tamara
Some Delaware employers have wondered exactly what constitutes “reasonable accommodations” for disabled workers.

The answer is “reasonable” depends on the job and on the employer.

For example, installing a wheelchair ramp, a cost of around $400, could be considered a reasonable accommodation even for a ... continue reading

Age Discrimination in Colorado

Wednesday, April 8th, 2009
Posted by Tamara
Age discrimination against employees 40 to 70 years old is generally illegal in Colorado, under federal law. However, in several cases, courts have recognized age as a “bona fide qualification”. This applies to both older and younger employees. Occupations involving public safety are a good example. Police departments have ... continue reading

Disciplinary Notices in Wyoming

Tuesday, April 7th, 2009
Posted by Tamara
When applying disciplinary procedures, the Wyoming employer must administer them evenly and fairly. For example, allowing male employees to arrive 15 minutes late without consequence and to punish female employees for the same act is illegal discrimination.

There are no laws (federal or Wyoming) governing written warnings ... continue reading

Religious Discrimination in Kansas

Monday, April 6th, 2009
Posted by Tamara
According to federal law, employers are required to make “reasonable accommodations” for a worker’s religious beliefs. These accommodations could include amending the employee’s working conditions, schedules, hours, uniform or dress code. This law applies only to workers with “sincerely held” beliefs. It cannot be used for a worker to ... continue reading

Wisconsin Disability

Friday, April 3rd, 2009
Posted by Tamara
Under the Americans with Disabilities Act of 1990 (ADA) an employer cannot refuse to hire a worker simply because he or she is disabled. The law requires the employer to make reasonable accommodations for the worker, and to consider the person’s qualifications without including the disability as a hiring ... continue reading

Disciplinary Notices in Missouri

Thursday, April 2nd, 2009
Posted by Tamara
Because there are no federal or Missouri laws governing disciplinary procedures for employees, Human Resources professionals developed some methods that have become standard operating procedure.

The method most often used by Missouri employers is the formal, progressive disciplinary procedure. This procedure includes giving the employee a verbal ... continue reading

South Carolina ADA

Wednesday, April 1st, 2009
Posted by Tamara
South Carolina employers are required by federal law to make “reasonable accommodations” for workers with disabilities. These accommodations are mandated by the ADA (Americans with Disabilities Act) which was passed in 1990. Exactly what is considered “reasonable” can vary from job to job, and from company to company.

... continue reading