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Archive for November, 2009

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

Kentucky Disciplinary Notices

Monday, November 30th, 2009
Posted by Tamara
Many Kentucky employees have questions about disciplinary notices.

As a result, HR pros have developed a formal and progressive discipline procedure that involves a combination of verbal and written warnings.

Thanks to the procedure, adopted by most large companies and franchises, firms can assure fair ... continue reading

Religious Discrimination in Delaware

Friday, November 27th, 2009
Posted by Tamara
Since 9/11, courts have been dealing with cases involving religious discrimination against Muslims in the workplace.

Employers in Delaware and elsewhere are well advised to remember that courts have ruled that management is required by law to make “reasonable accommodations” to workers’ sincerely held religious beliefs. Those ... continue reading

Indiana Intermittent FMLA

Thursday, November 26th, 2009
Posted by Tamara
One of the biggest concerns among employees in Indiana and elsewhere in the U.S. is the federally-sanctioned right of employees to take unscheduled, intermittent leave under FMLA.

The Family and Medical Leave Act or FMLA allows this kind of leave, and the U.S. Department of Labor has ... continue reading

Federal Short Term Disability

Wednesday, November 25th, 2009
Posted by Tamara
Employees in the US are strongly encouraged to keep themselves informed and up-to-date on their rights to short-term disability benefits.

Human Resources offices are the best locations for garnering detailed and useful information about such benefits.

One of the first things workers will discover is ... continue reading

Maine Religious Discrimination

Tuesday, November 24th, 2009
Posted by Tamara
Before 9/11, a Muslim woman worked on her Alamo car rental job while wearing her head scarf without encountering problems from her supervisor. The supervisor, in fact, had given permission to do so. The woman’s head scarf bore the Alamo logo.

After 9/11, she was fired for ... continue reading

Arkansas Disciplinary Notices

Monday, November 23rd, 2009
Posted by Tamara
Written warnings to employees are a valuable tool in an Arkansas company’s “toolbox” of disciplinary procedures.

The written warning has at least two important advantages.

First, it carries considerable weight with an employee – usually more weight than a simple verbal reprimand.

Second, ... continue reading

Religious Discrimination in Illinois

Friday, November 20th, 2009
Posted by Tamara
For more than 40 years it has been against the law in Illinois and throughout the U.S. to discriminate against employees based on their religion or religious practices.

The applicable federal law is Title VII of the Civil Rights Act of 1964. The law not only prohibits ... continue reading

Intermittent FMLA in Connecticut

Thursday, November 19th, 2009
Posted by Tamara
Employees in Connecticut and throughout the rest of the U.S. are entitled to take unpaid, job-protected leave for a serious health condition by the hour, if they wish, and need not schedule the time off in advance.

The practice is called “unscheduled, intermittent FMLA leave.” It is ... continue reading

Massachusetts Short Term Disability

Wednesday, November 18th, 2009
Posted by Tamara
Massachusetts workers who are suffering a short-term disability may be disappointed when they discover that the state has no legislation requiring employers to pay short-term disability.

There are some options, however, that employees in Massachusetts are encouraged to explore.

One of them is the Family ... continue reading

Muslim Prayer in Idaho

Tuesday, November 17th, 2009
Posted by Tamara
In Idaho and elsewhere throughout the U.S., it is an example of illegal religious discrimination when an employer refuses to allow a worker to take prayer breaks at work.

The applicable law is Title VII of the Civil Rights Ac t of 1964. Under the law, employers ... continue reading

Disciplinary Notices in Florida

Monday, November 16th, 2009
Posted by Tamara
Most companies have instituted policies regulating written warnings for employees. Such policies have, in fact, become standard operating procedure for many firms.

No Florida or other state or federal law covers procedures for written disciplinary notices. The process has been established simply because it is the best ... continue reading

Religious Discrimination in New York

Friday, November 13th, 2009
Posted by Tamara
Some employees take smoking breaks. Others take breaks to enjoy a coffee and doughnut.

Why, then, should a New York employee not be allowed to use the break time to practice his or her religious belief?

That is one useful approach employees could take when ... continue reading

Intermittent FMLA in Colorado

Thursday, November 12th, 2009
Posted by Tamara
The Family and Medical Leave Act of 1993, commonly called the FMLA, guarantees workers in Colorado and the rest of the U.S. the right to as many as 12 weeks of unpaid, job-protected leave annually.

The time may be taken at the birth of a child or ... continue reading

Kansas Short Term Disability

Wednesday, November 11th, 2009
Posted by Tamara
There are at least three options open to Kansas employees who need to receive short term disability benefits.

One of the most significant is the Family and Medical Leave Act, or FMLA. Thanks to this federal law, employees who qualify are entitled to as much as 12 ... continue reading

Missouri Religious Discrimination

Tuesday, November 10th, 2009
Posted by Tamara
Employers in Missouri as well as the rest of the U.S. are legally required to make what are called “reasonable accommodations” for a worker’s “sincerely held” religious beliefs.

Since 9/11, religious discrimination against Muslims in the workplace has led to several court cases.

Dress code ... continue reading

Federal Disciplinary Notices

Monday, November 9th, 2009
Posted by Tamara
No federal law mandates or speaks to written warnings for employees. In fact, no state laws address the matter, either.

Most companies, however, have developed what is called a formal and progressive discipline procedure. The typical policy allows for one or more verbal reprimand or warning, usually ... continue reading

Missouri Short Term Disability

Monday, November 9th, 2009
Posted by Tamara
There are only five states in the U.S. where legislation mandates that employers pay benefits to workers for short term disabilities.

Missouri is not one of the five. They are New Jersey, California, New York, Rhode Island, and Hawaii. In Rhode Island, short term disability may be ... continue reading

Louisiana Holiday Pay Law

Friday, November 6th, 2009
Posted by Tamara
Many employees are surprised to learn that there is no Louisiana holiday pay law. In fact, there is no law requiring employers to give workers paid holidays in any state, or under federal law.

There are no government-sanctioned holidays in the US. The term “federal holidays” merely ... continue reading

Virginia Vacation Law

Thursday, November 5th, 2009
Posted by Tamara
There is no law that a Virginia employer must provide benefits like paid vacations, paid sick leave or paid holidays. It is strictly up to the employer whether or not they will offer these benefits.

Under both federal and Virginia minimum wage laws, an employer must pay ... continue reading

Texas Lunch Law

Wednesday, November 4th, 2009
Posted by Tamara
Many employees are surprised to learn that there is no Texas lunch law. Nor is there any federal law that an employer must provide meal breaks for employees in general industry.

It is completely lawful for a Texas employer to require employees to work for 8, 10 ... continue reading

Indiana Comp Time

Tuesday, November 3rd, 2009
Posted by Tamara
An Indiana business owner wants to know, “Can I grant comp time to workers instead of paying overtime?”

Across the state, an employee writes, “I was just recently hired in an hourly job. My new employer very graciously agreed to give me two weeks of unpaid vacation, ... continue reading

Georgia Child Labor

Monday, November 2nd, 2009
Posted by Tamara
The U.S. Department of Labor recently identified a major problem with child labor in the agriculture industry in Georgia and across the nation.  

While many think of this issue in conjunction with sweatshops in Asia, there is a very real Georgia child labor problem.  

... continue reading