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Archive for August, 2009

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

Washington Hostile Work Environment

Monday, August 31st, 2009
Posted by Tamara
Employers need to understand that “hostile work environment” complaints need not be limited to discrimination based on gender.

They may also include cases in which employees have been harassed or subjected to ridicule because of ethnicity or because of a disability, among other things.

The ... continue reading

Federal Written Warnings

Friday, August 28th, 2009
Posted by Tamara
Many employees mistakenly think that if they refuse to sign a written warning, it doesn’t count. Nothing could be further from the truth.  

Most large companies do it as a matter of standard operating procedure. The best Human Resources professionals strongly advise employers to pursue it. ... continue reading

Written Warnings in Tennessee

Thursday, August 27th, 2009
Posted by Tamara
Many Tennessee employees have asked, “Do I have to sign a written warning?” The answer is no – but refusal to sign really does not change anything. The warning still “counts” and the employee can still be terminated, even if the employee refuses to sign the written warning.

... continue reading

Alabama ADA

Wednesday, August 26th, 2009
Posted by Tamara
Whether it is in Alabama or elsewhere in the U.S., employers these days must make “reasonable accommodations” for disabled employees.

Under the federal Americans with Disabilities Act (ADA), reasonable accommodations are the law of the land.

While the ADA mandates that employers in Alabama and ... continue reading

Arizona Swine Flu Warnings

Tuesday, August 25th, 2009
Posted by Tamara
Every Arizona employer should have a plan in place for dealing with a swine flu epidemic this winter.

Some agencies have already taken action. The CDC, for example, issued an alert on Swine Flu in April of 2009. Meanwhile, the Secretary of the Department of Homeland Security, ... continue reading

Georgia FMLA and Termination

Monday, August 24th, 2009
Posted by Tamara
In Georgia and elsewhere, if an employee does not return to work after exhausting his or her FMLA leave, the employer has the right to terminate that worker.

FMLA is the federal Family and Medical Leave Act of 1993. It provides eligible employees up to 12 weeks ... continue reading

Federal Maternity Leave

Friday, August 21st, 2009
Posted by Tamara
Many employees are surprised to learn that there is no federal maternity leave law. Instead, most employees are entitled to unpaid FMLA leave for pregnancy, childbirth or baby bonding under FMLA.

The federal FMLA (Family and Medical Leave Act of 1993) provides up to 12 weeks of ... continue reading

New Hampshire Holiday Pay

Thursday, August 20th, 2009
Posted by Tamara
Several New Hampshire employees have asked how many paid holidays employers are legally required to provide for employees.

The answer is none. New Hampshire law doesn’t require companies to provide paid holidays, nor does federal law. Many companies do provide paid holidays, usually from 5 to 7 ... continue reading

Maternity Leave in Alabama

Wednesday, August 19th, 2009
Posted by Tamara
There are a number of   states in the U.S. that have enacted family leave laws on the state level including California, Connecticut, Hawaii, Idaho, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont and Wisconsin.

Alabama is not one of these states, however, and workers are concerned ... continue reading

Colorado FMLA and Termination

Tuesday, August 18th, 2009
Posted by Tamara
In the majority of situations, if an employee is still unable to return to work after exhausting his or her FMLA leave, that employee could be terminated.

This is true in Colorado and elsewhere, and can apply even if the employer is a union.

The ... continue reading

Utah Holiday Pay

Monday, August 17th, 2009
Posted by Tamara
The majority of the employers in the United States provides their employees with 5 to 7 paid holidays per year, and pay employees extra for working on holidays.

However, there is no federal law or Utah law that requires companies to give workers any paid holidays at ... continue reading

Arkansas FMLA and Termination

Friday, August 14th, 2009
Posted by Tamara
When a Arkansas employee is seriously ill and needs extended time off from work, he or she can take up to 12 weeks of unpaid leave. This leave can also be taken to care for a seriously ill child, parent or spouse, to bond with a newborn child, a ... continue reading

Maternity Leave in Colorado

Thursday, August 13th, 2009
Posted by Tamara
Many employees wonder “Can a Colorado employee be terminated just because she is on maternity leave?”

The answer is no. Terminating an employee specifically because she is pregnant or on maternity leave is discrimination, and is prohibited by the federal Pregnancy Discrimination Act (PDA) and other laws. ... continue reading

New Jersey Holiday Pay

Wednesday, August 12th, 2009
Posted by Tamara
How many paid holidays per year are New Jersey employers required to provide their workers? How much extra “holiday pay” are employers required to pay when an employee works a holiday?


The answer to the first question is none. Most New Jersey companies provide ... continue reading

Federal FMLA and Termination

Tuesday, August 11th, 2009
Posted by Tamara
Prior to 1993, an employee could be terminated for missing a couple of weeks from work, even if the worker had suffered a heart attack, or was caring for a seriously ill child.  

After 1993, that changed. The federal Family and Medical Leave Act was established ... continue reading

Maternity Leave in Georgia

Monday, August 10th, 2009
Posted by Tamara
Many employees wonder if it is legal to terminate an employee for taking maternity leave in Georgia. In most cases, the answer is no, but there are exceptions.  

Eleven states in the U.S. have enacted family leave laws. The laws in these states vary from each ... continue reading

Oklahoma Holiday Pay

Friday, August 7th, 2009
Posted by Tamara
Oklahoma employees wonder if employers are required to provide employee with paid holidays.   

No. There is no Oklahoma or federal law that requires a company to give workers paid holidays. Most companies do, though. Generally, employers provide workers with 5 to 7 paid holidays per year. ... continue reading

Maternity Leave in Texas

Thursday, August 6th, 2009
Posted by Tamara
Under FMLA or the Family and Medical Leave Act of 1993, eligible employees are entitled to take up to 12 weeks of unpaid leave for certain medical and health situations. Included in these situations are serious illness of the employer, (cancer, heart attack, etc.), caring for a seriously ill ... continue reading

Ohio FMLA and Termination

Wednesday, August 5th, 2009
Posted by Tamara
The federal Family and Medical Leave Act of 1993 or FMLA   provides eligible employees up to 12 weeks of unpaid, job-protected leave for serious medical conditions, such as a heart attack or cancer. Other types of health problems are covered under FMLA, including pregnancy disability.   

... continue reading

Tennessee Holiday Pay

Tuesday, August 4th, 2009
Posted by Tamara
Both federal and Tennessee laws require that employers pay overtime to workers who put in over 40 hours in one week. There is no law, however, that requires employers to provide employees with paid holidays, or to pay extra to employees who work on holidays.  

Human ... continue reading

Wisconsin Minimum Wage Increase 2009

Monday, August 3rd, 2009
Posted by Tamara
Many Wisconsin workers were entitled to a pay increase to $7.25 per hour in July, even though the state minimum wage remains $6.50 per hour.

For ten years, while the federal minimum wage sat at $5.15 an hour, members of Congress voted themselves raises that hiked their ... continue reading