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Archive for February, 2011

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

Louisiana Federal Contracts

Monday, February 28th, 2011
Posted by Tamara
The OFCCP (Office of Federal Contract Compliance Programs) argued in a recent court case that after it found a pattern of adverse impact in the hiring of women during a compliance review that it could legally demand more information. The agency added that it had the duty to investigate ... continue reading

Texas School Visitation Law

Friday, February 25th, 2011
Posted by Tamara
The Texas school visitation law allows employees to take leave for school events, but only those employees who work with the Texas state government.

School visitation laws vary from state to state. Some allow leave for any type of school event. Others offer leave only for disciplinary ... continue reading

Wisconsin Overtime Law

Thursday, February 24th, 2011
Posted by Tamara
The Fair Labor Standards Act (FLSA) sets guidelines for minimum wage and for overtime pay nationwide, including employers in Wisconsin. Under this federal law, managers are required to pay employees overtime when they work more than 40 hours in one payroll week. The law also requires employers to pay ... continue reading

Oklahoma Pregnancy Law in Court

Wednesday, February 23rd, 2011
Posted by Tamara
Employers in Oklahoma and across the country cannot change a woman’s job duties simply because she is pregnant, even if the job is physically demanding. To do so would be illegal discrimination. A recent court case illustrates this point.

The case, Spees v. James Marine Inc ., ... continue reading

Updated Hawaii Child Labor Rules

Tuesday, February 22nd, 2011
Posted by Tamara
Each state has its own separate child labor laws, many of them more stringent than the federal laws. Employers need to understand both state and federal laws and which of those apply to their minor workers.

For federal child labor laws, employers in Hawaii now have a ... continue reading

West Virginia Breastfeeding Law

Monday, February 21st, 2011
Posted by Tamara
With the recent passage of the PPACA (Patient Protection and Affordable Care Act), employers are now required to provide breastfeeding mothers unpaid time and a private location to express breast milk.

This law is especially significant for West Virginia employers, since West Virginia is the only state ... continue reading

North Dakota Voting Laws Update

Friday, February 18th, 2011
Posted by Tamara
North Dakota’s voting law is a bit different from the others. It simply “encourages” companies to schedule their workers with enough time to vote, rather than requiring it by statute.

Iowa is among thirty-two U.S. states that have enacted laws requiring employers to provide workers with either ... continue reading

Florida Overtime Warning Affects Employers Nationwide

Thursday, February 17th, 2011
Posted by Tamara
A statement made by an attorney for the SHRM (Society for Human Resource Management) highlights an issue regarding the convenience of technology. The statement made was “An hourly employee with a handheld device such as a Blackberry or cell phone, supplied by the company, is a lawsuit waiting to ... continue reading

Connecticut Common Sense Fails in Court

Wednesday, February 16th, 2011
Posted by Tamara
A Connecticut employer, or an employer anywhere else in the U.S., may not legally change a woman’s job position or duties simply because she is pregnant. Current medical opinion states that a pregnant employee can do the same things she did prior to the pregnancy for at least the ... continue reading

Colorado Child Labor Law

Tuesday, February 15th, 2011
Posted by Tamara
As of July 19, 2010, young people in Colorado and across the nation have new regulations and restrictions on what jobs they make work. On that date, the child labor provisions of the FLSA went into effect and with it the most recent changes to those laws.

... continue reading

Arizona Breastfeeding Law

Monday, February 14th, 2011
Posted by Tamara
The new Health Care Reform Bill amended the FLSA (Fair Labor Standards Act). This new federal law, commonly referred to as the Patient Protection and Affordable Care Act (PPACA), requires companies across the U. S. to provide non-exempt and hourly employees who are breastfeeding a time and place to ... continue reading

Alabama Voting Laws

Friday, February 11th, 2011
Posted by Tamara
Voting laws requiring employers to provide some type of time off for workers to vote have been established in the majority of the states in the U.S. In all 50 states, however, employers are prohibited by law from attempting to influence a worker’s vote, or to threaten discipline or ... continue reading

New Mexico Overtime Warning

Thursday, February 10th, 2011
Posted by Tamara
New Mexico employers should pay close attention to the results of a recent court case against Walt Disney World. The judgment required the entertainment company to pay over $400,000 in back pay to 69 Florida employees.

The payment was for time worked off the clock–before or after ... continue reading

Georgia Doctor’s Release for Pregnancy

Wednesday, February 9th, 2011
Posted by Tamara
The 6 th Circuit Court of Appeals recently found an employer of illegal discrimination based on pregnancy. Pregnancy is not a disability under the EEOC, and should not be treated as one. Employers in Georgia or any other state cannot change a worker’s job duties simply because she is ... continue reading

New Michigan Child Labor Rules

Tuesday, February 8th, 2011
Posted by Tamara
New regulations have recently been enacted regarding workers under the age of 18. These new federal laws amend the child labor provisions of the Fair Labor Standards Act (FLSA), and went into effect on July 19, 2010.

In conjunction with the new regulations, the U.S. Department of ... continue reading

Federal Breastfeeding Law Under Health Care Reform

Monday, February 7th, 2011
Posted by Tamara
Non-exempt and hourly employees, under the new Health Care Reform Bill, are required to be given reasonable unpaid time to express breast milk. The bill, also known as the Patient Protection and Affordable Care Act (PPACA), specifically states that the duration and frequency of these breaks will vary from ... continue reading

Arkansas Voting Laws

Friday, February 4th, 2011
Posted by Tamara
Employers are required to give employees time off to vote in Arkansas. Like Arkansas, Iowa is one of thirty-two U.S. states, including Alabama, Arizona, Massachusetts, Nevada, North Dakota, Ohio, Wisconsin and Wyoming, that has enacted laws requiring employers to give workers time off to vote. In addition, Iowa is ... continue reading

South Carolina Overtime

Thursday, February 3rd, 2011
Posted by Tamara
Employers in South Carolina and throughout the country are required to keep accurate records of all hours that employees work, whether on or off the premises. The relevant law is the Fair Labor Standards Act of 1938 (FLSA) which mandates that employees be paid for all hours worked. In ... continue reading

Massachusetts Doctor’s Release Wins in Court

Wednesday, February 2nd, 2011
Posted by Tamara
The EEOC (Equal Employment Opportunity Commission) does not define pregnancy as a disability. Massachusetts employers are not required under EEOC to provide accommodations for pregnant employees, nor are they allowed to force accommodations upon these employees.

Massachusetts employers and employer throughout the U.S. need to be aware ... continue reading

North Carolina Child Labor

Tuesday, February 1st, 2011
Posted by Tamara
The U.S. Department of Labor recently released an updated Child Labor Rules Advisor. This release includes changes to FLSA child labor provisions, which were enacted on July 19, 2010.

This new tool will assist employers when working to comply with the new federal child labor laws. It ... continue reading