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Archive for October, 2009

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

Michigan Hostile Work Environment

Saturday, October 31st, 2009
Posted by Tamara
Many employees in Michigan have questions about hostile work environments.

The hostile work environment is one of the most misunderstood concepts in Human Resources. This is partly because it is regularly misused in the popular media, including sitcoms like The Offi ce, starring comedian Steve Carell.

... continue reading

Salaried Exempt in Mississippi

Thursday, October 29th, 2009
Posted by Tamara
The Fair Labor Standards Act (FLSA), a federal law, mandates that employees who work more than 40 hours on one work week are entitled to overtime pay. The rate for overtime is 1.5 times the employee’s usual hourly rate. There are occupations that are exempt from overtime, including salaried ... continue reading

Federal 401k

Wednesday, October 28th, 2009
Posted by Tamara
In a recent year, the U.S. Department of Labor recovered over $25 billion in employee benefit funds. These funds had been misappropriated by employers to help solve cash flow problems and for company officers to treat themselves to new cars, houses and even race horses. Unfortunately, the amount recovered ... continue reading

New Hampshire 401k

Tuesday, October 27th, 2009
Posted by Tamara
The majority of the health and pension plans established by private industry are covered under ERISA (Employment Retirement Income Security Act of 1974). This law applies to employees in New Hampshire and across the country. ERISA was enacted to set minimum standards for health and pension plans, including 401k ... continue reading

West Virginia Confidential Files

Monday, October 26th, 2009
Posted by Tamara
Several federal laws and court cases mandate that an employee’s personal data be kept confidential. This data includes age, race, gender, country of origin, religion, color, medical condition and disability status. Federal law requires employers to keep disability information separate from the employee personnel files, and to keep it ... continue reading

Salaried Exempt in Wyoming

Friday, October 23rd, 2009
Posted by Tamara
Do Wyoming employers have to pay overtime to their salaried employees?

It depends. The Fair Labor Standards Act (FLSA) mandates that employees who work more than 40 hours in one work week receive overtime pay. The rate of pay is 1.5 times the employee’s average hourly rate. ... continue reading

Wisconsin Sick Pay

Thursday, October 22nd, 2009
Posted by Tamara
Many Wisconsin employees wonder about their paid sick leave. Is there a state law that requires employers to give workers a specific number of days of paid sick time?

The answer is no. There is no Wisconsin law mandating the number of sick days a company is ... continue reading

Utah STD and Termination

Wednesday, October 21st, 2009
Posted by Tamara
If a Utah employee is on short term disability for 11 weeks, can he or she be terminated for being away from work too much? Is short term disability restricted to only once a year, or can a worker utilize benefits more than once per 12 months?

... continue reading

Illinois 401k

Tuesday, October 20th, 2009
Posted by Tamara
Illinois employees are wondering if their benefit funds are protected by law.

The answer is yes, for most plans. The majority of private industry pension and health plans, including 401ks are protected by ERISA (Employee Retirement Income Security Act of 1974). This federal law applies to Illinois ... continue reading

Alaska Confidential Files

Monday, October 19th, 2009
Posted by Tamara
Every employee has the right to expect his or her private health information to be considered private. The Americans with Disabilities Act of 1990 (ADA) mandates that a worker’s disability status be kept confidential. The Health Insurance Portability and Accountability Act also mandates that a person’s medical information remain ... continue reading

Salaried Exempt in Missouri

Friday, October 16th, 2009
Posted by Tamara
Most Missouri employers consider salaried employees ineligible for overtime, but that isn’t always the case. Depending on the occupation, salaried employees can qualify for overtime pay.

According to the Fair Labor Standards Act (FLSA) employees are entitled to 1.5 times their usual hourly rate when they work ... continue reading

Florida Sick Pay

Thursday, October 15th, 2009
Posted by Tamara
Policies for providing Florida employees paid sick leave are determined by each individual employer, if the employer decides to offer this benefit. Employers have this right, because they are not legally obligated to provide paid sick time at all. There is no Florida law that requires it. There is ... continue reading

Nevada STD and Termination

Wednesday, October 14th, 2009
Posted by Tamara
Nevada employees have two questions about short term disability. Can a worker be terminated while on short term disability? Can a worker go on short term disability more than once a year?

The answers to both of these questions depend on the terms of the short term ... continue reading

Hawaii 401k

Tuesday, October 13th, 2009
Posted by Tamara
A Hawaii employee is suspicious about his 401k statements. His contributions are deducted from his paycheck, but don’t show up as deposits on his 401k statements. What actions should the employee take, if any?

The Hawaii employee should immediately place a call to the Employment Benefits Security ... continue reading

Nebraska Confidential Files

Monday, October 12th, 2009
Posted by Tamara
Nebraska employees wonder exactly what type of information is considered confidential, and how their “two-lock” system of maintaining confidentiality works.

There are several federal laws that require certain types of employee data to be kept confidential, including Title VII of the Civil Rights Act of 1964, the ... continue reading

Salaried Exempt in Texas

Friday, October 9th, 2009
Posted by Tamara
Many Texas employers have asked if salaried employees are eligible for overtime.

The answer to this question is yes and no. Eligibility for overtime is determined by the FLSA (Fair Labor Standards Act). This federal law mandates that employees who work more than 40 hours in one ... continue reading

South Carolina Sick Pay

Thursday, October 8th, 2009
Posted by Tamara
If an employer has a union contract in place which requires the employees to be paid for sick leave, that employer must provide paid sick leave. If there is no contract in place, the employer doesn’t have to provide any sick days at all.

Sick leave is ... continue reading

New Mexico STD and Termination

Wednesday, October 7th, 2009
Posted by Tamara
Many employees wonder, can a New Mexico worker be terminated due to missing work while on short term disability?

In most cases, the answer is yes. Short term disability benefits do not guarantee an employee’s job. If the worker is away from work too much, the company, ... continue reading

Illinois 401k

Tuesday, October 6th, 2009
Posted by Tamara
Illinois employees are wondering if their benefit funds are protected by law.

The answer is yes, for most plans. The majority of private industry pension and health plans, including 401ks are protected by ERISA (Employee Retirement Income Security Act of 1974). This federal law applies to Illinois ... continue reading

Oklahoma Confidential Files

Monday, October 5th, 2009
Posted by Tamara
According to the Americans with Disabilities Act of 1990 (ADA), an employee’s disability information must be kept confidential. Other federal laws, such as HIPAA (Health Insurance Portability and Accountability Act) and Title VII of the Civil Rights Act of 1964, mandate that certain types of employee data can be ... continue reading

Salaried Exempt in Washington

Friday, October 2nd, 2009
Posted by Tamara
Overtime pay is defined and mandated by the FLSA (Fair Labor Standards Act). Under this law, employees who work more than 40 hours in one work week are entitled to overtime pay at the rate of 1.5 times their usual hourly pay.

Some occupations are allowed to ... continue reading

Vermont Sick Pay

Thursday, October 1st, 2009
Posted by Tamara
There are ten states in the U.S. that pay employees for their accrued vacation time when they leave the job. No state pays for accrued sick leave upon termination. In fact, there is no Vermont law or federal law requiring companies to provide its workers with any paid sick ... continue reading

Pennsylvania STD and Termination

Thursday, October 1st, 2009
Posted by Tamara
Pennsylvania employees want to know exactly what benefits they are entitled to when on short term disability. Is it legal for a worker to lose his job as a result of taking too much time off work? Can an employee go on short term disability again within the same ... continue reading