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Archive for January, 2011

You are currently browsing the Labor Law Talk Blog weblog archives for January, 2011.

Florida Breastfeeding Law

Monday, January 31st, 2011
Posted by Tamara
The new Patient Protection and Affordable Care Act (PPACA), a part of the Health Care Reform Bill, mandates that employers nationwide provide unpaid time for a breastfeeding employee to express breast milk, and a private location to do so.

Under PPACA, the time provided to the employee ... continue reading

Illinois Voting Laws

Friday, January 28th, 2011
Posted by Tamara
The majority of the states in the country have established some type of voting laws which allow employees time off to vote. Some pay the employees for the time; others provide unpaid time off to vote. In general 2 hours of time off is considered sufficient for employees to ... continue reading

Virginia Overtime Warning

Thursday, January 27th, 2011
Posted by Tamara
Virginia employers that provide workers with a handheld device, such as a Blackberry or a cell phone, should use the utmost caution. A recent lawsuit against Walt Disney World highlights is a case in point. Although this occurred in Florida, it could just as easily have involved a Virginia ... continue reading

New Hampshire Pregnancy Law

Wednesday, January 26th, 2011
Posted by Tamara
A recent court case ruled that “common sense” cannot supersede a doctor’s fitness-for-duty release in New Hampshire or any other state. This case, Spees v. James Marine Inc ., involved Heather Spees, a welder, and her employer, James Marine, Inc., regarding Ms. Spees’ pregnancy.

Shortly after being ... continue reading

Updated Alaska Child Labor Rules

Tuesday, January 25th, 2011
Posted by Tamara
An updated Child Labor Rules Advisor was recently released by the U. S. Department of Labor. This advisor contains the most recent changes to the FLSA child labor provisions, and is intended to be used by employers striving to comply with the new federal child labor laws.

... continue reading

Louisiana Breastfeeding Law

Monday, January 24th, 2011
Posted by Tamara
The PPACA (Patient Protection and Affordable Care Act), another name for the Health Care Reform Bill, established a new national breastfeeding law.

This new federal law amends FLSA (Fair Labor Standards Act) and applies to non-exempt and hourly employees in Louisiana. Under PPACA employers must provide a ... continue reading

Maryland Voting Laws

Friday, January 21st, 2011
Posted by Tamara
Laws regarding time off from work for employees to vote vary from state to state. In Maryland, the employer must give workers time off to vote.

In some states, employers are legally required for provide unpaid time off to vote on Election Day. In the majority of ... continue reading

New Mexico GINA Health Regulations

Thursday, January 20th, 2011
Posted by Tamara
When requesting health information from an employee, employers must not ask about family medical history or any genetic information. Employers must also caution their workers to not reveal this information.

These guidelines are meant to prevent illegal genetic discrimination under GINA the Genetic Information Nondiscrimination Act which ... continue reading

Mississippi OSHA Plans Increased Inspections

Wednesday, January 19th, 2011
Posted by Tamara
OSHA recently issued a memo requiring local offices to implement more inspections and crack down on Mississippi employers who fail to report accidents in the workplace. The action specifically targets factories and companies with many workers at one site, who report much lower injury rates than their competitors.

... continue reading

Rhode Island Drug Testing Update

Tuesday, January 18th, 2011
Posted by Tamara
Employers in Rhode Island, according to a Rhode Island Superior Court ruling, are not legally permitted to conduct random drug tests in the workplace. Only when there is a reasonable suspicion that a worker is impaired on the job, is the employer allowed to conduct a drug test. According ... continue reading

Genetic Discrimination in Nebraska

Monday, January 17th, 2011
Posted by Tamara
In 2008, the Genetic Information Nondiscrimination Act (GINA) was passed. On November 9, 2010, the EEOC issued the final regulations for enforcement of GINA.

What does this mean for Texas employers? The new regulations mean that a Texas employer should warn supervisors to limit inquiries about the ... continue reading

More Tennessee Discrimination Suits on Horizon

Friday, January 14th, 2011
Posted by Tamara
The Tennessee Supreme Court recently handed down a ruling which will make litigation by employees easier in the Volunteer State, than in federal court. The ruling won by a narrow vote of 3 to 2. Tennessee’s Supreme Court consists of 5 justices, currently 2 men and 3 women. As ... continue reading

Montana Worker Safety Inspections

Thursday, January 13th, 2011
Posted by Tamara
Montana employers need to be aware of some recent developments in OSHA regulations.

While a number of states have worker safety organizations of their own, in Montana OSHA, a federal agency, oversees worker safety. In 2009, OSHA (Occupational Safety and Health Administration) launched the National Emphasis Program ... continue reading

Illinois Limits Credit Checks for Jobs

Wednesday, January 12th, 2011
Posted by Tamara
On January 1, 2011, the Employee Privacy Act goes into effect. For Illinois employers it means a limit will be placed on being able to perform credit checks on employees and applicants.

This new credit check law prohibits employers from including a credit check when conducting a ... continue reading

New GINA Regulations in Louisiana

Tuesday, January 11th, 2011
Posted by Tamara
The EEOC recently issued final regulations for enforcement of GINA (Genetic Information Nondiscrimination Act ). These regulations mean that employers must warn employees not to reveal genetic information to the employer, a manager or supervisor.

The new regulations stipulate that Louisiana employers:

Immediately provide employees ... continue reading

Florida Minimum Wage Unchanged in 2011

Monday, January 10th, 2011
Posted by Tamara
In November of 2004, the voters of Florida voted for an annual minimum wage adjustment. The increase was to be enacted based on the annual CPI ending in August. That law went into effect on January 1, 2005, raising the state minimum to $5.15 per hour. At that time ... continue reading

Missouri 2011 Minimum Wage Still $7.25

Friday, January 7th, 2011
Posted by Tamara
The current Missouri minimum wage is the same as the federal minimum wage and applies to employers with $500,000 or more in annual revenue, and to businesses engaged in interstate commerce. Any Missouri retail or service business which earns less than $500,000 per year and does not engage in ... continue reading

Ohio Minimum Wage Increase 2011

Thursday, January 6th, 2011
Posted by Tamara
Director of the Ohio Department of Commerce, Kimberly Zurz, reported that the Ohio minimum wage increased from $7.30 to $7.40 per hour on January 1, 2011. The Ohio minimum wage was unchanged from August 2009 to January 2011, remaining at $7.30 per hour for 17 months.

According ... continue reading

Worker Safety In Maine

Wednesday, January 5th, 2011
Posted by Tamara
In previous years, companies that reported no days of work lost, employees on light duty or employees transferred due to a work-related accident weren’t inspected by OSHA.

That policy, however, has changed. OSHA recently issued a memo requiring local offices to implement more inspections and crack down ... continue reading

Health Care Reform Resources

Tuesday, January 4th, 2011
Posted by Tamara
The joint action of the U.S. Department of Labor, Department of the Treasury and the Health and Human Services departments, issued the Frequently Asked Question on the Patient Protection and Affordable Care Act (PPACA).

These new Health Care Reform FAQs have been established to help employers understand ... continue reading

Vermont Genetic Nondiscrimination Update

Monday, January 3rd, 2011
Posted by Tamara
According to the final regulations for enforcement of GINA recently issued by EEOC, Vermont companies need to train managers and supervisors to caution workers not to reveal genetic information. The regulations for GINA (Genetic Information Nondiscrimination Act, require Vermont employers to:

Notify all employees in writing to ... continue reading