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Archive for April, 2010

You are currently browsing the Labor Law Talk Blog weblog archives for April, 2010.

Mississippi Exempt Employee Workweek

Friday, April 30th, 2010
Posted by Tamara
The usual image of the Mississippi exempt employee is someone who can come and go as he or she pleases as long as the work gets done. The exempt employee, according to common wisdom, may also take work only 20 hours in Week B if he or she worked ... continue reading

Georgia Comp Time

Thursday, April 29th, 2010
Posted by Tamara
Unless Georgia employers and employees understand the laws governing “comp time,” it is possible that a firm may find itself breaking the law.

The federal Fair Labor Standards Act or FLSA prohibits private businesses in Georgia from granting comp time rather than overtime.

Comp time ... continue reading

Hawaii Hostile Work Environment

Wednesday, April 28th, 2010
Posted by Tamara
Kiki’s boss in a Hawaii company micro-manages. He yells, screams, throws things, and constantly criticizes employees of every race, ethnicity, religion, and age, and both sexes.  

Is he guilty of creating a hostile work environment?   

The answer is “no.” He may be a ... continue reading

Texas Vacation Law

Tuesday, April 27th, 2010
Posted by Tamara
Bills guaranteeing paid sick leave or vacation time have been introduced in Congress in the past. A bill offered in 2009 would mandate that employers offer paid sick leave to their workers. There is no guarantee that it will pass, however.

Until such time as a bill ... continue reading

Delaware Meal Break Law

Monday, April 26th, 2010
Posted by Tamara
Many workers assume they are entitled to meal breaks under the law. This widely-held notion is a misconception, however. There is very little protection.

A total of 31 states in the U.S. have no laws guaranteeing meal breaks for workers.

There is no federal law ... continue reading

New Jersey Exempt Employee Workweek

Friday, April 23rd, 2010
Posted by Tamara
Exempt employees in New Jersey often believe that the 40 hour workweek is the standard or the norm, and that if they work more than that they have the right to work fewer hours in another week.

This is a misconception, however. An employer may establish any ... continue reading

Idaho Comp Time

Thursday, April 22nd, 2010
Posted by Tamara
The laws regarding compensatory time off, otherwise known as “comp time,” are a knot of complexities that often results in many questions from Idaho employees.

There are issues of just when comp time is legal, who may receive it, and what its actual definition is.

... continue reading

New York Hostile Work Environment

Wednesday, April 21st, 2010
Posted by Tamara
The employer who misunderstands the concept of the “hostile work environment” risks millions of dollars in penalties levied by the federal government.  

Understanding just what exactly the words “hostile work environment” mean from a legal point of view, then, can be critical to the survival of ... continue reading

Texas Travel Time

Tuesday, April 20th, 2010
Posted by Tamara
Employers in Texas and elsewhere in the U.S. must count all paid travel as work time. As such, it is subject to laws about overtime.

Not all travel time is paid travel time, of course, and the difference will be discussed further on, but if it is ... continue reading

Arizona Sexual Harassment

Monday, April 19th, 2010
Posted by Tamara
Arizona employers must offer their workers an environment free of sexual harassment. Employers who fail to do so can be hit with millions of dollars in damages as a result of lawsuits filed by the EEOC on a worker’s behalf.

The protection must be provided against sexual ... continue reading

New Mexico Mini-COBRA Law

Friday, April 16th, 2010
Posted by Tamara
Some 40 or more states in the U.S., including New Mexico, now have what are referred to as “mini-COBRA” laws.

Mini-Cobra extends the advantages of the federal COBRA to employers with fewer than 20 workers enrolled in group health insurance plans. The New Mexico mini-COBRA provides healthcare ... continue reading

Missouri Hostile Work Environment

Thursday, April 15th, 2010
Posted by Tamara
Sexual harassment and the creation of a hostile work environment are both serious matters that employers in Missouri are obliged to stop when incidents of either are brought to their attention.

Failure to halt either kind of behavior is not only bad management, but could result in ... continue reading

Alabama Exempt Employee Comp Time

Wednesday, April 14th, 2010
Posted by Tamara
There are many misconceptions about salaried and exempt employees and comp time in Alabama.

In order to clarify the issue, it is important to understand just what constitutes an exempt employee.

To be “exempt” means to be outside of, or exempt from, the protection of ... continue reading

Colorado Travel Time

Tuesday, April 13th, 2010
Posted by Tamara
Many employees in Colorado and elsewhere are entitled to paid travel time. When those employees do qualify for it, their travel pay is subject to the same overtime and minimum wage laws as the rest of their work time is.

The relevant law is the Fair Labor ... continue reading

New Hampshire Sexual Harassment

Monday, April 12th, 2010
Posted by Tamara
Most people, and many New Hampshire employers, have a mistaken notion about what sexual harassment is.

They assume it only applies when a male supervisor promises a reward if a female employee complies with his sexual advances, or faces threats of losing her job if she does ... continue reading

California Mini-COBRA Law

Friday, April 9th, 2010
Posted by Tamara
Employees in companies with 20 or more workers enrolled in a health insurance plan have traditionally been able to continue their health insurance coverage for up to a year and a half through COBRA.

Then mini-COBRA laws adopted by at least 40 states nationwide including California extended ... continue reading

Alaska Hostile Work Environment

Thursday, April 8th, 2010
Posted by Tamara
What is a “hostile work environment” and what is “sexual harassment”?

The phrase “sexual harassment” seems obvious but it is often used interchangeably with “hostile work environment,” even though the two phrases are distinct.

Sexual harassment occurs when unwanted sexual attentions or advances are involved. ... continue reading

Montana Exempt Employee Comp Time

Wednesday, April 7th, 2010
Posted by Tamara
The issue of so-called “comp time” raises many questions with Montana employers.

One of the most frequent questions is whether or not “exempt” employees are entitled to comp time, known more formally as compensatory time off.

The short answer is a definite “no.” Montana exempt ... continue reading

Georgia Travel Time

Tuesday, April 6th, 2010
Posted by Tamara
The laws about travel time for employees can be complex. Whether or not a worker is entitled to paid travel time is subject to a whole series of variables.

One thing is not hard to understand, however. It is that, if the travel time is paid travel ... continue reading

Oregon Sexual Harassment

Monday, April 5th, 2010
Posted by Tamara
Employers throughout the 50 states, including Oregon, must by law guarantee their employees a work environment that is safe from sexual harassment.

They must be safe from sexual harassment by anyone, whether it is a supervisor, a coworker, a vendor on the scene, or even a customer. ... continue reading

Iowa Mini-COBRA Law

Friday, April 2nd, 2010
Posted by Tamara
State legislatures are changing their mini-COBRA laws to make the transitional health insurance plan more affordable.

There are roughly 40 states in the U.S., including Iowa, that have mini-COBRA laws now, which essentially extend the regular COBRA benefits to employers with fewer than 20 workers enrolled in ... continue reading

Hawaii Hostile Work Environment

Thursday, April 1st, 2010
Posted by Tamara
The terms “hostile work environment” and sexual harassment are two entirely different phrases with two completely different meanings.

This needs to be emphasized because many people confuse them and use the terms interchangeably. TV sitcoms like The Office and even the advice column Dear Abby have made ... continue reading