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Archive for June, 2009

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

Salaried Exempt in Virginia

Tuesday, June 30th, 2009
Posted by Tamara
Salaried employees in Virginia and elsewhere who earn less than $455 a week are legally entitled to overtime pay. The fact that they receive a salary rather than a wage is irrelevant.

Many employers are not aware that federal law provides overtime pay protection to some salaried ... continue reading

Louisiana Workplace Violence

Monday, June 29th, 2009
Posted by Tamara
The Bureau of Labor Statistics (BLS) stated in its annual report that homicides in the workplace are decreasing. However, employers should still be aware of this hazard. OSHA (Occupational Safety and Health Administration) adds that the number of homicides has decreased by 50% since 1994, when the highest number ... continue reading

Michigan Travel Time and FLSA

Friday, June 26th, 2009
Posted by Tamara
Many Michigan workers have questions about paid travel time during the workday. If the job requires traveling from job site to job site, is that considered paid time? Is travel time to the first job site of the day paid time?

The relevant law is the federal ... continue reading

Pennsylvania Workplace Violence

Thursday, June 25th, 2009
Posted by Tamara
Pennsylvania employers need to take steps to eliminate workplace violence. Over Labor Day weekend 2007, a 40-year-old waitress was stabbed to death by her estranged husband. The incident occurred in a Denny’s restaurant in Orlando, Florida. Several families who had just left Disney World witnessed the attack. Several witnesses ... continue reading

Mississippi Travel Time and FLSA

Wednesday, June 24th, 2009
Posted by Tamara
Paid travel time is a popular topic among Mississippi employees. For instance, if an employee drives from job site to job site everyday, is that travel time considered paid time?

The answer lies in the Fair Labor Standards Act of 1938 (FLSA). This federal law established minimum ... continue reading

Pennsylvania Smoking Breaks

Tuesday, June 23rd, 2009
Posted by Tamara
Pennsylvania employers have wondered how many smoking breaks per day they are legally obligated to give employees.

The answer is none.

Pennsylvania employers are not legally obligated to provide any smoking breaks, ever. No federal law mandates it, nor is there a Pennsylvania law requiring ... continue reading

Wisconsin Swine Flu Warnings

Monday, June 22nd, 2009
Posted by Tamara
Many employees have questions about a potential Wisconsin Swine Flu outbreak. An influenza pandemic (a global epidemic) hasn’t occurred for over a century. In 1918, the Spanish Flu afflicted 50% of the world’s population, killing around 50 million people more than all the lives lost in World War I. ... continue reading

Utah Swine Flu Plan

Friday, June 19th, 2009
Posted by Tamara
Every employer in Utah should have a swine flu plan in place.

During a pandemic (a global epidemic) the majority of businesses could suffer staffing shortages because employees are out sick. If schools close, up to an additional 25% of employees could be away from work, because ... continue reading

Light Duty in North Carolina

Thursday, June 18th, 2009
Posted by Tamara
North Carolina does not have a law on the books to address light duty restrictions in the workplace. There is no federal law on this subject, either. Employers are permitted to establish their own policies for light duty.

The U. S. Department of Labor has formulated some ... continue reading

Iowa Swine Flu Plan

Wednesday, June 17th, 2009
Posted by Tamara
In the event of a pandemic (a global epidemic), Iowa employers and those throughout the nation should already have a plan in place to handle the problem. OSHA has been recommending this step for at least 5 years. Unfortunately, until the recent outbreak of Influenza 2009 H1N1 Flu ( ... continue reading

Federal Smoking Breaks

Tuesday, June 16th, 2009
Posted by Tamara
Every time an employee steps away from his or her work station to take a smoking break, the employer is paying for unproductive time.

There is no state or federal smoking break law. Employers are not obligated to give workers time away from their workstation, to smoke. ... continue reading

Indiana Swine Flu Warnings

Monday, June 15th, 2009
Posted by Tamara
Should Indiana employees be worried about Swine Flu? While there is no immediate danger, it is good to be informed.

In 1918, the Spanish Flu afflicted 50% of the world’s population, affecting people in every city and town. About 50 million people died, which is comparable to ... continue reading

Texas Discrimination

Friday, June 12th, 2009
Posted by Tamara
In 2008, the U.S. House of Representatives passed a bill (ENDA) which would outlaw discrimination based on sexual orientation. The Senate, however, failed to pass the law in that legislative session.

In order for discrimination based on sexual orientation to become illegal in the U.S., ENDA or ... continue reading

Federal Light Duty

Thursday, June 11th, 2009
Posted by Tamara
Employers are not obligated by any state or federal law to create a light duty position for an employee if an appropriate position is not available. There is no federal law regarding light duty, nor is there a state law on this subject.

There are regulations for ... continue reading

Mississippi Swine Flu Plan

Wednesday, June 10th, 2009
Posted by Tamara
The Occupational Safety and Health Administration (OSHA) released a 47 page guide Preparing Workplaces for an Influenza Pandemic that will help any employer with their Mississippi Swine Flu plan. This guide lists health measures from having sufficient tissues, hand sanitizer, toilet paper and drinking water on hand to providing ... continue reading

Maine Smoking Breaks

Tuesday, June 9th, 2009
Posted by Tamara
Maine employers are not required to provide smoking breaks for their employees. There is no state law mandating these breaks, nor is there a federal law. In fact, employers are not required by law to provide any breaks at all. Any worker over the age of 18 can be ... continue reading

Louisiana Swine Flu Warnings

Monday, June 8th, 2009
Posted by Tamara
For the past few years, OSHA has recommended that Louisiana employers have plans in place to handle a major influenza epidemic just as they would any emergency. To assist employers, OSHA has released OSHA guidance on Swine Flu Preparedness and Preparing Workplaces for an Influenza Pandemic . Louisiana employers ... continue reading

Alabama Discrimination

Friday, June 5th, 2009
Posted by Tamara
  Many states have established laws against sexual orientation discrimination. Some states apply the laws to housing, some to employment and others to both. New Jersey is an example of a state with a sexual orientation discrimination law that applies to both employment and housing. The LAD (Law Against ... continue reading

Light Duty in Arizona

Thursday, June 4th, 2009
Posted by Tamara
There are several false assumptions regarding light duty restrictions. First, the employer is not required to create a light duty position if one is not already available. Two, there is no Arizona or federal law addressing light duty. Each company is within its rights to establish its own light ... continue reading

Montana Swine Flu Plan

Wednesday, June 3rd, 2009
Posted by Tamara
OSHA has been recommending that Montana employers develop and implement a plan to handle a global influenza epidemic for the last several years. Few companies acted on OSHA’s warnings until the recent outbreak of Swine Flu (Influenza 2009 H1N1 Flu.)

To assist Montana employers and employers throughout ... continue reading

Nebraska Smoking Breaks

Tuesday, June 2nd, 2009
Posted by Tamara
Most Nebraska companies provide employees with one 30-minute lunch break and two fifteen minutes coffee breaks per 8-hour shift. According to the Fair Labor Standards Act of 1938, employers must pay workers for any breaks shorter than 20 minutes, so the two fifteen minute breaks would be paid breaks. ... continue reading

Michigan Swine Flu Warnings

Monday, June 1st, 2009
Posted by Tamara
Michigan employees and employers need to be informed about influenza, including the Swine Flu.

It is not unusual in the fall of the year to see advertisements for flu shots. Influenza usually strikes during the winter, and can be fatal to the elderly, to infants and to ... continue reading