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Archive for June, 2010

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

New Mexico Travel Time

Wednesday, June 30th, 2010
Posted by Tamara
According to the Fair Labor Standards Act (FLSA) each employee who works more than 40 hours in one week is entitled to overtime pay. The pay is calculated at 1.5 times the worker’s usual hourly rate.

There is confusion about this law, however, when considering travel time ... continue reading

Indiana Travel Time

Tuesday, June 29th, 2010
Posted by Tamara
An hourly Indiana employee works as a service technician and travels between each service call. His employer asks, “Can we pay the travel time separately and avoid overtime? Is it legal to pay less for paid travel time? If so, how is overtime calculated for employees being paid two ... continue reading

Idaho Hostile Work Environment

Monday, June 28th, 2010
Posted by Tamara
Idaho employers and workers often assume that the terms “sexual harassment” and “hostile work environment” are interchangeable. This assumption is incorrect. While these two terms indicate negative situations in the workplace, they do not mean the same thing.

Sexual harassment is negative behavior directed to an employee ... continue reading

Wyoming Sexual Harassment

Friday, June 25th, 2010
Posted by Tamara
Many employers mistakenly assume that sexual harassment only exists if there is a promise of reward or threat of punishment. For example, Tina, a secretary, is repeatedly asked by her supervisor for oral sex. The implication is that a refusal will end her employment. This scenario is known as ... continue reading

South Carolina Exempt Employee Comp Time

Thursday, June 24th, 2010
Posted by Tamara
  A South Carolina employee asks, “I worked 50 hours this week, but didn’t get paid overtime or offered comp time. When I asked why, my supervisor said it is because I’m an exempt employee. Is that legal?”

First, overtime pay and comp time are two separate ... continue reading

North Carolina Intermittent Family Leave

Wednesday, June 23rd, 2010
Posted by Tamara
Some North Carolina employees have wondered if North Carolina state law allows them to take intermittent family leave.

The answer is it depends. There are no state laws on North Carolina’ books that cover family leave, so it comes under the jurisdiction of the federal FMLA (Family ... continue reading

Kentucky Travel Time

Tuesday, June 22nd, 2010
Posted by Tamara
Kentucky employers ask, “Exactly what is the definition of paid travel time, and does it count toward total hours, including overtime?”

Many employers find paid travel time a confusing subject, because the federal regulations regarding this type of time are quite complex.

The basic definition ... continue reading

Colorado Hostile Work Environment

Monday, June 21st, 2010
Posted by Tamara
Some Colorado employers and employees have asked if “hostile work environment” and “sexual harassment” mean the same thing.

The answer is no. The terms are not interchangeable.

Sexual harassment occurs when a Colorado employee, male or female, is subjected to unwanted attention due to his ... continue reading

Arkansas Sexual Harassment

Friday, June 18th, 2010
Posted by Tamara
Many employers assume that sexual harassment must include the promise of a reward or a threat of job loss, or quid pro quo. This assumption is incorrect.

Sexual harassment does not have to contain an overt or implied reward or punishment to be discriminatory. Any scenario where ... continue reading

Arizona Exempt Employee Comp Time

Thursday, June 17th, 2010
Posted by Tamara
Employers are allowed, under Arizona and federal laws, to require exempt employees to work more than 40 hours in a week whenever they deem it necessary. The employer doesn’t have to provide an incentive or increase in pay either.

Exempt employees in Arizona fall into one of ... continue reading

Alabama Intermittent Family Leave

Wednesday, June 16th, 2010
Posted by Tamara
In Alabama, new mothers will often want to take family leave to bond with a newborn child, but instead of returning to work full time, want to continue using family leave to work part-time. Alabama employers are not legally obligated to agree to this arrangement. In fact, Alabama has ... continue reading

Delaware Hostile Work Environment

Monday, June 14th, 2010
Posted by Tamara
In a recent EEOC (Equal Employment Opportunity Commission) case approximately a dozen current and former female sales employees were awarded over $12 million. These women worked for a chain of new car dealerships, where the owner and managers referred to them as “dingbats” and made derisive comments when they ... continue reading

Utah Sexual Harassment

Friday, June 11th, 2010
Posted by Tamara
Utah employees ask, “If a coworker continues to ask me out on a date after I have refused, is that sexual harassment?”

The answer is definitely yes! Anytime a Utah employee receives unwanted attention in the workplace due to his or her sex, that worker is being ... continue reading

North Dakota Exempt Employee Comp Time

Thursday, June 10th, 2010
Posted by Tamara
An North Dakota employer asks, “Am I required to grant comp time to my exempt employees when they work more than 40 hours in one week?)

The answer is no. There is no North Dakota or federal law which requires employers to pay comp time (compensatory paid ... continue reading

Louisiana Intermittent Family Leave

Wednesday, June 9th, 2010
Posted by Tamara
There is some confusion among Louisiana employees about their rights to take intermittent family leave for baby bonding or to care for a newborn. Employers, too, are confused and ask, “Under what conditions is a Louisiana employer required by law to grant intermittent family leave to a new parent?” ... continue reading

Montana Travel Time

Tuesday, June 8th, 2010
Posted by Tamara
A Montana employee asks, “I’m a carpenter and travel during the day between service calls. My employer pays me for travel time, but at a different rate than my work time. Is that legal?”

Yes. Federal travel time regulations are fairly complex. An employee’s time from home ... continue reading

Florida Hostile Work Environment

Monday, June 7th, 2010
Posted by Tamara
A recent EEOC (Equal Employment Opportunity Commission) case settled a hostile work environment complaint with the Hilton Hotel in Lisle, Illinois. In this case, the Executive Chef continually referred to the Hispanic employees as “dumb Mexicans” and “wetbacks”. The court ruled that this created a hostile work environment for ... continue reading

Virginia Sexual Harassment

Friday, June 4th, 2010
Posted by Tamara
It is the responsibility of all employers in Virginia and across the country to provide an environment free from sexual harassment and sex discrimination.

Unfortunately, Virginia employers often have misconceptions about what constitutes sexual harassment. Many companies assume that a quid pro quo situation must exist for ... continue reading

Oklahoma Exempt Employee Comp Time

Thursday, June 3rd, 2010
Posted by Tamara
The FLSA classifies salaried exempt employees into five categories: Executives Computer Pros, Administrators, Outside Salespeople and Professionals. Employees within this category are ineligible for overtime pay. This means that whether they work 40 or 80 hours in one week, they will receive the same salary. They also receive the ... continue reading

Missouri Intermittent Family Leave

Wednesday, June 2nd, 2010
Posted by Tamara
Grace, an Missouri employee, adopted an infant in February and wants to take family leave to bond with the child. Under FMLA (Family and Medical Leave Act), she is entitled to take up to 12 weeks of unpaid, job-protected leave for certain medical and personal reasons, including bonding with ... continue reading

Connecticut Sexual Harassment

Tuesday, June 1st, 2010
Posted by Tamara
Connecticut employees wonder exactly what their responsibilities are regarding sexual harassment in the workplace.

Their responsibility it to stop existing behavior and prevent further incidents. It is the employer’s legal responsibility to provide a harassment-free environment. Employers should understand that workers are entitled to do their jobs ... continue reading