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Archive for May, 2009

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

Nebraska Discrimination

Friday, May 29th, 2009
Posted by Tamara
Discrimination is prohibited by many federal laws. One of the most notable laws on this topic is Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on race, color, national origin, sex and religion. Other federal laws soon followed, prohibiting discrimination against persons with ... continue reading

Light Duty in Idaho

Thursday, May 28th, 2009
Posted by Tamara
Several Idaho employees have asked which laws govern light duty restriction.

There no law governing light duty restriction, not at the Idaho state level nor at   the federal level. Several cases on this topic have gone to court, though, so regulations for light duty work were ... continue reading

Nevada Swine Flu Plan

Wednesday, May 27th, 2009
Posted by Tamara
OSHA (Occupational Safety and Health Administration) has been recommending for at least the last 5 years that employers put an emergency influenza plan into effect. OSHA suggests every employer in Nevada and in the country put a plan in place now, before they need it.

Most Nevada ... continue reading

New Hampshire Smoking Breaks

Tuesday, May 26th, 2009
Posted by Tamara
According to the federal Fair Labor Standards Act of 1938, employers in New Hampshire and nationwide must pay workers for any breaks shorter than 20 minutes. Employees must also be paid for any break where they might be called back to work. So, when an employee takes a five ... continue reading

Texas Swine Flu Warnings

Monday, May 25th, 2009
Posted by Tamara
Texas employees and employers need to take precautions regarding Swine Flu.

In April, 2009, the CDC issued an alert on Swine Flu , the 2009 H1N1 Influenza virus. The current outbreak is centered mostly in Mexico, but this type of flu could easily become an epidemic of ... continue reading

Ohio Discrimination

Friday, May 22nd, 2009
Posted by Tamara
In the near future, there may be a federal law prohibiting discrimination based on sexual orientation. A bill (ENDA) passed the U. S. House in 2008, but was not passed by the Senate. A similar bill will probably be introduced within the next 4 years.

Currently, however, ... continue reading

Light Duty in South Carolina

Thursday, May 21st, 2009
Posted by Tamara
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin, race, color, religion and gender in South Carolina and throughout the nation. This applies to how employers assign jobs to workers on light duty restrictions, too.

There is no federal law addressing ... continue reading

Ohio Swine Flu Warnings

Wednesday, May 20th, 2009
Posted by Tamara
Ohio Swine Flu Warnings

 

Although most of the scare has past, Ohio employers should have a plan in place for a major flu outbreak.

It is not unusual in the fall of the year to see advertisements for flu shots. Influenza usually ... continue reading

Kansas Sex Discrimination and Height

Tuesday, May 19th, 2009
Posted by Tamara
Many Kansas employees wonder if   it is legal for an employer to impose a minimum height or weight as a job requirement.

In most cases, the answer is no.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees ... continue reading

Federal Worker Safety and ATVs

Tuesday, May 19th, 2009
Posted by Tamara
Several industries and across the country use ATVs in their work. The vehicles are popular for outdoor work, such as landscaping, construction and forestry. The vehicles look like recreational toys, but their innocent appearance hides what can be a dangerous vehicle. The use of ATVs in industry rises every ... continue reading

Colorado Short Term Disability

Monday, May 18th, 2009
Posted by Tamara
The state of Colorado doesn’t guarantee income for employees on short-term disability. Neither does federal law. Many Colorado employees are concerned about their options if they become disabled.

The Social Security Administration offers paid short-term disability to employees, but the employee must be disabled for 5 months ... continue reading

Federal Escheat Laws

Friday, May 15th, 2009
Posted by Tamara
In the United States, the term “escheat” is normally used in real estates process. The term is often confusing to people in Federal and across the country. Exactly how does “escheat” affect real estate?

Escheat comes into play when a person dies, leaves no will, and has ... continue reading

Alabama Job Security Under FMLA

Thursday, May 14th, 2009
Posted by Tamara
Some confusion exists concerning the worker’s job while he or she is on FMLA leave. Employers and employees often think the law requires the company to “hold a job open” while the worker is absent.

The term “hold a job open” is the cause of the confusion. ... continue reading

Rhode Island Sex Discrimination and Height

Wednesday, May 13th, 2009
Posted by Tamara
Several employees in Rhode Island wonder if it is legal for an employer to set a minimum height or weight as a requirement for employment.

In most cases, the answer is no. Under Title VII of the Civil Rights Act of 1964, a policy that limits opportunities ... continue reading

Louisiana Short Term Disability

Tuesday, May 12th, 2009
Posted by Tamara
Are Louisiana employees entitled to paid short-term disability, either by Louisiana state law, or by federal law?

The answer to this question is no. There is no federal or Louisiana state law, which guarantees income for workers on short-term disability. There are federal programs, which offer assistance, ... continue reading

Arkansas Worker Safety and ATVs

Monday, May 11th, 2009
Posted by Tamara
Many Arkansas workers wonder why the employer instructs them never to stand on an ATV. The reason is that standing shifts the weight of the ATV and can cause it to overturn. When an ATV overturns, serious, possibly fatal head injuries can result.

Though ATVs or All ... continue reading

Michigan Escheat Laws

Friday, May 8th, 2009
Posted by Tamara
If a person dies without any heirs in Michigan, his or her property reverts to the government.

This Michigan real estate law is known as escheat.

This term is often used in real estate where unclaimed family property reverts to the state, but many people ... continue reading

Indiana Job Security Under FMLA

Thursday, May 7th, 2009
Posted by Tamara
Is there any federal or state law that requires an Indiana employer to “hold a job open” for an employee on FMLA? The short answer the question is no. The federal Family and Medical Leave Act (FMLA) has no bearing on what occurs while the employee is gone, only ... continue reading

Alaska Sex Discrimination and Height

Wednesday, May 6th, 2009
Posted by Tamara
Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees due to race, color, sex, religion and country of origin. Under this law, any practice which discriminates against these groups in hiring, terminating, training, and other aspects of employment is illegal.

Some Alaska employees ... continue reading

Michigan Short Term Disability

Tuesday, May 5th, 2009
Posted by Tamara
Michigan employees have wondered what short-term disability benefits are offered by Michigan or federal law.

Several federal programs offer short-term disability benefits, but there is no Michigan or federal law which guarantees income for employees on short-term disability.

The Social Security Administration offers short-term disability ... continue reading

Maryland Worker Safety and ATVs

Monday, May 4th, 2009
Posted by Tamara
Maryland employees wonder if there are any safety tips for using ATVs.

Yes there are. ATVs have become more and more popular in industries such as construction and landscaping. Though these vehicles look like toys, they can be dangerous. As their use increases, so do the ATV-related ... continue reading

Minnesota Escheat Laws

Friday, May 1st, 2009
Posted by Tamara
Many people in Minnesota are confused by “escheat”, a term used most often in relation to real estate. The term has been around for hundreds of years, back in feudal times. During this time the king owned all the land in his kingdom. He endowed the feudal lords with ... continue reading