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Archive for August, 2010

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

Colorado Meal Break Law

Tuesday, August 31st, 2010
Posted by Tamara
An employee who works in a small office in Colorado only gets 20 minutes for lunch. She wonders if there isn’t a federal law that guarantees a 30-minute break for meals?

Unfortunately, the answer is no. For employees in general industry, there is no federal law that ... continue reading

Missouri Comp Time

Monday, August 30th, 2010
Posted by Tamara
Comp time is short for compensatory time or paid time off given to an employee in a future payroll week in lieu of overtime pay. The legality of “comp time” depends on the type of employer. In many states, police officers can be granted comp time but it would ... continue reading

Hawaii Split Shift Law

Friday, August 27th, 2010
Posted by Tamara
Hawaii has no law that requires employees to be given one day off per week. Nor does the state limit the total number of hours that an employee can be required to work in the payroll week.   

However, the Hawaii split shift law permits an employer ... continue reading

Connecticut Breastfeeding Law

Thursday, August 26th, 2010
Posted by Tamara
Under the Connecticut breastfeeding law, nursing mothers must be given unpaid breaks to express breast milk or to breastfeed her baby at work during a meal or break period. It is up to the employee’s discretion whether she will breastfeed her infant or use a breast pump and store ... continue reading

Georgia Days of Rest Law

Wednesday, August 25th, 2010
Posted by Tamara
Unlike many other states, the Georgia statutes generally assume that an employee will be off on Saturday and Sunday, although they stop short of legally requiring that.

Georgia does require any business that operates on Saturday and/or Sunday make reasonable efforts to accommodate employees whose “habitual day ... continue reading

Connecticut Days of Rest Law and Religious Discrimination

Tuesday, August 24th, 2010
Posted by Tamara
Connecticut has a law that entitles employees to various days of rest. The first, state statute 53-303e, requires that an employee in a commercial occupation or working in an industrial process shall not be required to work more than 6 days in any calendar week. The employee cannot be ... continue reading

Illinois Day of Rest Law

Monday, August 23rd, 2010
Posted by Tamara
The Illinois One Day Rest in Seven act requires an employer to give workers one day off per payroll week. Employees can volunteer to work 7 days per week, but they cannot be compelled to do so by the employer. The employer cannot take an adverse action against an ... continue reading

Colorado Day of Rest Law

Friday, August 20th, 2010
Posted by Tamara
Colorado does not have a law that requires employees to be given one day of rest per week, or a law that limits the number of hours an employee in general industry can be required to work.

Unlike many other states, Colorado does require that employees be ... continue reading

Wisconsin Family Leave Law

Thursday, August 19th, 2010
Posted by Tamara
How does the Wisconsin family leave law compare with the federal Family and Medical Leave Act? Many employees wonder about this.   

The Wisconsin family leave law allows less leave in some circumstances, and designates the purpose of leave. However, some employees who do not qualify for ... continue reading

Arizona Days of Rest Law

Wednesday, August 18th, 2010
Posted by Tamara
Many employees in general industry believe that by law they must be given 8 hours between work shifts to rest, but in most states including Arizona, this is not the case.

A number of states have laws regarding the hours and days of rest that an employee ... continue reading

Employees Eligible for Wisconsin Family Leave

Tuesday, August 17th, 2010
Posted by Tamara
An employee often qualifies for Wisconsin FMLA when they do not work enough hours to qualify for leave under the federal FMLA.

Under the Wisconsin leave law, the employee must have worked for the employer for 52 consecutive weeks, and must have worked at least 1,000 hours ... continue reading

California One Day Rest in Seven Law

Monday, August 16th, 2010
Posted by Tamara
California is one of several states that require employees to be given one day off in every week. However, the law permits all the days off for one employee to be given at the same time, in one month.

Suppose Juan is on vacation for part of ... continue reading

Maximum Wisconsin FMLA

Friday, August 13th, 2010
Posted by Tamara
Is an employee allowed to “double dip” by taking unpaid leave under both the federal FMLA and the Wisconsin family leave act during the same year? The answer is sometimes yes, but at other times, no.

Under federal law, an employee is entitled to unpaid, job-protected to ... continue reading

Maine ADA Accommodation

Thursday, August 12th, 2010
Posted by Tamara
Is a handicapped parking space a reasonable accommodation under ADA? Most Maine employers would say so, but it depends upon the circumstances.

The federal Americans with Disabilities Act requires that an employer make reasonable accommodations for an employee with a permanent disability. Under the newest regulations, many ... continue reading

FMLA in Idaho

Wednesday, August 11th, 2010
Posted by Tamara
Can an employee be required to attend meetings or other events while on continuous FMLA? The answer is no. An employee on FMLA is not required to work. The employee is off and cannot be expected to answer phone calls, check email or stop by the office for meetings. ... continue reading

Illinois Disability and Tardiness

Tuesday, August 10th, 2010
Posted by Tamara
A salaried exempt employee in Illinois with bipolar depression, arthritis, insomnia, ADHD and migraines wonders how she can make her boss understand that she has trouble getting started in the mornings. Because of the insomnia, she comes to work 10- 15 minutes late, two or three times per week. ... continue reading

Alabama Pregnancy and Job Performance

Monday, August 9th, 2010
Posted by Tamara
Many employers wonder how to deal with the issue of a pregnant employee who is not doing a good job. Can she be fired? Will this be illegal discrimination? The issue goes beyond a simple yes or no answer.

Pregnancy is not a disability under ADA or ... continue reading

Sleep Apnea and Poor Performance in Iowa

Friday, August 6th, 2010
Posted by Tamara
How should an Iowa employer deal with the problem of an employee in poor health whose work performance is not up to par? Harry is a 65-year-old bookkeeper with multiple health problems including arthritis, diabetes and sleep apnea. Two months ago, Harry took 10 weeks of FMLA to recover ... continue reading

Colorado School Visitation Leave

Thursday, August 5th, 2010
Posted by Tamara
The Colorado School Visitation leave law allows an employee to take time off to attend school events, including disciplinary hearings, school plays, sporting events and school registration. The law applies to parents and guardians, and to every employer in Colorado.


The thought process behind ... continue reading

Illinois School Conference and Activity Leave

Wednesday, August 4th, 2010
Posted by Tamara
Illinois has a law that requires employers to give a parent or guardian time off to attend classroom activities and parent-teacher conferences, but it is much less generous than similar laws in other states, such as California and Colorado. Illinois allows only 8 hours of leave per school year, ... continue reading

California School Visitation Leave

Tuesday, August 3rd, 2010
Posted by Tamara
California statutes L 230.7 and 230.8   require an employer to give unpaid school visitation leave to parents and guardians. The employer cannot take any negative employment action, including firing, against an employee who takes school leave.

There are two types of school visitation leave in California. ... continue reading

Can You Copyright a Scene or Character?

Monday, August 2nd, 2010
Posted by Tamara
Many people wonder if a scene or character can be protected by copyright. The answer is, it depends.

As most people know, copyright covers original expressions of the creative arts saved in tangible form including writing, painting, songwriting, photography, music, dance, etc. However, ideas and concepts cannot ... continue reading