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Archive for November, 2010

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

Arizona Lunch Law

Tuesday, November 30th, 2010
Posted by Tamara
There are 19 states in the U.S. –ranging from Massachusetts to California–that have established state level meal break laws. These states include Connecticut, Kentucky, Minnesota, New Hampshire and Tennessee.

Arizona is not one of these states. There is no Arizona state law mandating meal breaks for workers. ... continue reading

Minnesota 7 Day Workweek Law

Monday, November 29th, 2010
Posted by Tamara
An employee asks, “My employer in Minnesota has scheduled me to work 8 days in a row without a day off. Isn’t there a law that prohibits employees from working more than 5 or 6 consecutive days?”

The answer is no. There is no federal law, nor ... continue reading

Ohio Breastfeeding Law

Friday, November 26th, 2010
Posted by Tamara
With the recent passage of the PPACA or Patient Protection and Affordable Care Act), Ohio employers are now required to provide breastfeeding mothers unpaid time and a private location to express breast milk.

The PPACA (another name for the Health Care Reform Bill) amends the FLSA or ... continue reading

Nevada Intermittent Family Leave

Thursday, November 25th, 2010
Posted by Tamara
Some Nevada employees have wondered about their rights regarding FMLA leave and have asked, “Under what conditions is an Nevada employer required by law to grant intermittent family leave to care for a newborn baby?”

There are none. Nevada does not have a family leave law at ... continue reading

Idaho Pregnancy Employment Law

Wednesday, November 24th, 2010
Posted by Tamara
An Idaho reader wonders: A colleague is pregnant and claims her pregnancy protects her from being fired for any reason. Is she right?

The answer is: This employee isn’t completely right, nor is she completely wrong.

Being pregnant affords the Idaho employee some protection from ... continue reading

Iowa Meal Break Law

Tuesday, November 23rd, 2010
Posted by Tamara
Iowa employees have asked what their employers’ legal responsibilities are for providing meal breaks to employees.

Providing a meal break is solely at the discretion of each Iowa employer. Iowa doesn’t have a state level “lunch” or meal break law. There is no federal law requiring meal ... continue reading

Alabama Day Off Law

Monday, November 22nd, 2010
Posted by Tamara
Employees in Alabama have asked what their legal rights are to days off during the workweek.

The answer is they have none. There is no federal or Alabama law that mandates an employer to give workers a day off each week. The FLSA or Fair Labor Standards ... continue reading

Florida Breastfeeding Law under Health Care Reform

Friday, November 19th, 2010
Posted by Tamara
The recently passed Health Care Reform Bill has amended the Fair Labor Standards Act (FLSA), the federal law that governs minimum wage.

FLSA applies to companies who engage in interstate commerce or who have annual earnings of $500,000 or more. With the passage of the new amendment, ... continue reading

South Carolina Intermittent Family Leave

Thursday, November 18th, 2010
Posted by Tamara
Liz, a South Carolina employee, adopted an infant in February and wants to take family leave to care for the child. Under FMLA, the federal Family and Medical Leave Act, she is entitled to take up to 12 weeks of unpaid, job-protected leave to bond with a newborn, with ... continue reading

Kansas Pregnancy and Job Performance

Wednesday, November 17th, 2010
Posted by Tamara
Employees in Kansas are often confused about the legal rights regarding terminating pregnant employees.

The confusion is understandable since pregnancy is protected by federal law from discrimination. This law prohibits employers from terminating a pregnant employee simply because she is pregnant.

The Americans with Disabilities ... continue reading

Missouri Lunch Law

Tuesday, November 16th, 2010
Posted by Tamara
Many employees wonder, “Does Missouri law require employers to provide employees with a lunch break?”

The answer is, “No, it doesn’t, because Missouri has no meal break or ‘lunch law.’” In fact, there is no federal law either, that requires employers to provide a meal break for ... continue reading

Montana 7 Days Work

Monday, November 15th, 2010
Posted by Tamara
OSHA, the Occupational Safety and Health Administration and DOT, the U.S. Department of Transportation have enacted regulations regarding an employee’s work schedule. Airline pilots and interstate truck drivers, for example, are limited to the number of consecutive hours or days that they can work. Employees in the majority of ... continue reading

Federal Breastfeeding Law under Health Care Reform

Friday, November 12th, 2010
Posted by Tamara
The FLSA (Fair Labor Standards Act) is the federal law that governs minimum wage applies to employers engaged in interstate commerce or whose annual earnings are at least $500,000.

The recently passed Health Care Reform Bill has made amendments to the FLSA, specifically regarding breastfeeding mothers.

... continue reading

Delaware Intermittent Family Leave

Thursday, November 11th, 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 Delaware employees have asked if they can take this type of family leave on an ... continue reading

Maryland Lunch Law

Wednesday, November 10th, 2010
Posted by Tamara
Human Resources professionals suggest employers provide a 30-minute unpaid lunch break and one or two paid 10 to 15 minute rest breaks during an 8-hour shift. Research has shown that providing these breaks actually increases productivity. Workers who are allowed regular breaks accomplish more during their shift than workers ... continue reading

Delaware Paternity Leave

Tuesday, November 9th, 2010
Posted by Tamara
A reader asks, “My husband wants to take time off when our baby is born. We are both employees of Delaware companies. Does Delaware state law allow expectant fathers to take paternity leave?”

The answer is yes and no. Yes, expectant fathers can take leave for paternity ... continue reading

Maryland 7 Days Work Legal

Monday, November 8th, 2010
Posted by Tamara
According to the Fair Labor Standards Act (FLSA), scheduling is strictly between the employer and its employees. That means that under federal law, a company could schedule a worker 7 days in a row. There is no federal law which mandates companies give workers a day off.

... continue reading

Alabama Pregnancy and Job Performance

Friday, November 5th, 2010
Posted by Tamara
Many employees wonder if firing a pregnant employee constitutes illegal discrimination.

The answer is that it depends on the reasons for termination.

It would be illegal to terminate a pregnant employee solely on the basis of her pregnancy. The majority of pregnant women are able ... continue reading

Delaware Vacation and Final Wages

Thursday, November 4th, 2010
Posted by Tamara
Vacation time and final wages upon termination can be a confusing topic for Delaware employers and their employees.

The confusion arises from lack of understanding of their legal rights. Many employees feel they are entitled to be paid for any unused vacation time when they leave a ... continue reading

Alaska Meal Break Law

Wednesday, November 3rd, 2010
Posted by Tamara
Many Alaska employees are under the impression that since there is no state or federal law requiring them to take a meal break, that it is their option to skip it. In addition, these employees incorrectly assume that by working through their meal break, they are entitled to leave ... continue reading

Nevada Vacation Law

Tuesday, November 2nd, 2010
Posted by Tamara
Several states have established guidelines regarding paid vacation time. One of these guidelines is the “use it or lose it” policy. This policy requires employees to use all of their vacation time by a certain date or lose it. Usually this date is the end of the calendar year ... continue reading

Indiana Small Business FMLA Maternity Leave

Monday, November 1st, 2010
Posted by Tamara
Which federal law governs maternity leave for small businesses in Indiana?

Many people are surprised to find that there isn’t one, nor is there a law at the state level for small businesses in Indiana. Many states have enacted leave laws for small business, but Indiana hasn’t. ... continue reading