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Archive for May, 2010

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

Maryland Hostile Work Environment

Monday, May 31st, 2010
Posted by Tamara
According to federal antidiscrimination laws, it is the responsibility of the employer to provide a work environment free from discrimination. That means that if anyone creates a hostile work environment on the job, the employer must put a stop to it.

Unfortunately, Maryland employers often assume that ... continue reading

Iowa Intermittent Family Leave

Friday, May 28th, 2010
Posted by Tamara
When an employee has a baby, adopts a newborn or fosters a child, federal laws allow that employee to take leave to bond with that child. Usually, this leave is taken continuously, but some Iowa employees have asked if they can take this type of family leave on an ... continue reading

Nevada Travel Time

Thursday, May 27th, 2010
Posted by Tamara
A Nevada employee asks, “My job requires me to travel from the warehouse to different work sites during the day. My employer wants to pay me separately for the travel time between sites. Does that affect my overtime?”

No it does not. In fact, if the employer ... continue reading

Maine Exempt Employee Comp Time

Wednesday, May 26th, 2010
Posted by Tamara
According to the FLSA (Fair Labor Standards Act), salaried employees can be classified as exempt (ineligible for overtime pay) or non-exempt (entitled to overtime pay). This classification depends on the employee’s primary duties. FLSA categorizes salaried exempt employees into five groups: Computer Pros, Administrators, Professionals, Executives and Outside Salespeople. ... continue reading

Virginia Vacation Law

Tuesday, May 25th, 2010
Posted by Tamara
Must Virginia employers provide certain benefits such as paid sick leave, paid holidays, or paid vacations?

The answer is “no.” While some companies do offer paid sick leave and vacation time, for example, no law requires them to do so. It is strictly up to the employer ... continue reading

Illinois Meal Break Law

Monday, May 24th, 2010
Posted by Tamara
Illinois employees in general industry have a right to a meal break of no less than 30 minutes on a shift of 7.5 hours or more. The break must begin no later than the fifth hour of work. This issue is addressed under the Illinois One Day Rest in ... continue reading

South Carolina Exempt Employees Workweek

Friday, May 21st, 2010
Posted by Tamara
South Carolina’s exempt salaried employees have few legal protections when it comes to the number of hours per week they must work.

The “exempt salaried employee” is one who receives a flat weekly (or bi-weekly) paycheck and is not protected by the federal overtime laws.

... continue reading

Louisiana Comp Time

Thursday, May 20th, 2010
Posted by Tamara
Compensatory time off, otherwise known as “comp time,” is a subject of confusion among many Louisiana workers. People are often confused about just what constitutes “comp time” and who can receive it.

It should be noted that “comp time” is only legal under certain circumstances.

... continue reading

Oklahoma Hostile Work Environment

Wednesday, May 19th, 2010
Posted by Tamara
Nothing seems to confuse both employers and employees in Oklahoma more than the concept of the “hostile work environment.” It often pops up as a catch-all phrase for everything from sexual harassment to cranky bosses.

There are two specific conditions that must be met before behavior can ... continue reading

Kansas Vacation Law

Tuesday, May 18th, 2010
Posted by Tamara
Kansas’s workforce has no guarantees that its members will receive benefits including paid sick leave, paid holidays, or paid vacation.

No Kansas or federal law requires employers to pay their workers for time off. It is entirely voluntary on a company’s part whether or not to institute ... continue reading

California Meal Break Law

Monday, May 17th, 2010
Posted by Tamara
Many employees in the U.S. believe that they are guaranteed a meal break during the workday by law.

This is a widespread misconception. In reality, no federal law requires employers to give meal breaks in general industry.   Only 19 states have passed their own laws mandating ... continue reading

Connecticut Exempt Employee Workweek

Friday, May 14th, 2010
Posted by Tamara
Connecticut’s salaried exempt employees often believe that the 40 hour week is a “standard” that applies to them as well as hourly wage-earners. As a result, they assume that when they work more than 40 hours in a week they can put the extra hours in their “time bank,” ... continue reading

Federal Comp Time

Thursday, May 13th, 2010
Posted by Tamara
Employers nationwide are advised to be careful when dealing with “comp time,” or compensatory time off in place of overtime pay under federal law.

Under many conditions it is illegal. The federal Fair Labor Standards Act or FLSA prohibits private businesses from giving workers comp time instead ... continue reading

Alabama Hostile Work Environment

Wednesday, May 12th, 2010
Posted by Tamara
Both employers and employees in Alabama, and elsewhere in the U.S., have some serious misunderstandings about what constitutes the creation of a “hostile work environment.”

Sometimes a mean, emotionally volatile or incompetent boss is inaccurately accused of creating a hostile work environment.

However, that is ... continue reading

Nevada Vacation Law

Tuesday, May 11th, 2010
Posted by Tamara
Federal and Nevada labor laws are clear about one thing: an employer must pay an employee for every hour worked.

No law exists guaranteeing pay for time not worked, however. Employers are not legally bound, in Nevada or elsewhere in the U.S., to provide paid time off, ... continue reading

Colorado Meal Break Law

Monday, May 10th, 2010
Posted by Tamara
Colorado is one of only 19 states that have passed their own laws guaranteeing the workers the right to a meal break. In Colorado, employees are guaranteed a lunch break after working 5 hours in a row, unless the workday will be completed in 6 hours or less.

... continue reading

Maryland Exempt Employee Workweek

Friday, May 7th, 2010
Posted by Tamara
In Maryland and other states there is no standard 40-hour workweek for exempt employees.

The typical “salaried exempt” employee has no such guarantee as a standard week. Neither federal nor state law requires it.

The term “salaried exempt” refers to workers who receive a flat ... continue reading

Arkansas Comp Time

Thursday, May 6th, 2010
Posted by Tamara
Private employers in Arkansas cannot grant comp time to hourly employees instead of paying overtime. It is prohibited by the federal Fair Labor Standards Act or FLSA.

Comp time is the popular term for compensatory time off granted in a “future payroll week” in lieu of overtime ... continue reading

Colorado Hostile Work Environment

Wednesday, May 5th, 2010
Posted by Tamara
Two employers recently had to pay out $1 million for each aggrieved employee after it was found that they each allowed a “hostile work environment” to continue.

These two examples show why it is so critical that Colorado employers and employees understand just what a “hostile work ... continue reading

Ohio Vacation Law

Tuesday, May 4th, 2010
Posted by Tamara
If a Ohio company has a written policy offering benefits like paid time off, it must honor the policy. Whether or not the company adopts such a policy is entirely discretionary. In other words, it is up to management and not required by law.

No Ohio law ... continue reading

Connecticut Meal Break Law

Monday, May 3rd, 2010
Posted by Tamara
Employees in Connecticut have the legal right to a meal break, but the state is an exception rather than the rule.

While many employees and some employers assume meal breaks are guaranteed by law throughout the U.S., nothing could be further from the truth.

In ... continue reading