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Archive for March, 2011

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

Georgia Workers’ Compensation for Illegal Immigrants

Thursday, March 31st, 2011
Posted by Tamara
According to the federal IRCA (Immigration Reform and Control Act), it is a crime for an employer to knowingly hire someone who is not legally authorized to work in the United States. Employers, however, often unintentionally violate this law when they hire a worker whose I-9 documents seem legitimate ... continue reading

Hostile Work Environment in South Carolina

Wednesday, March 30th, 2011
Posted by Tamara
In the past, a South Carolina supervisor or manager who verbally abused all employees was not guilty of discrimination or of creating a hostile work environment. They were simply bad managers.

A hostile work environment occurred when the subject of abuse was targeted because of their sex, ... continue reading

Washington Federal Contracts

Tuesday, March 29th, 2011
Posted by Tamara
In what is considered a landmark case, the judge ruled that the OFCCP could not continue to ask for more and more information to audit. Instead, the original audit scheduling letter set limits on which documents the agency could review. Therefore, the audits performed by the OFCCP were not ... continue reading

Illinois Exempt Employee Status Update

Monday, March 28th, 2011
Posted by Tamara
In recent litigation between the U.S. Department of Labor and Novartis Pharmaceutical Corp., DOL’s increase in strictness regarding interpreting federal regulations came to light. The specific regulations involved were the federal guidelines governing salaried exempt employees. Of particular interest were the occupations of outside salespeople and exempt administrators.

... continue reading

California School Visitation Law

Friday, March 25th, 2011
Posted by Tamara
Parents and guardians in several states, including California, Illinois and Colorado, are allowed to take unpaid leave to attend school events, such as parent-teacher conferences.

California parents, guardians and grandparents with custody of K-12 children may school visitation leave, too. In fact, California has two separate school ... continue reading

Missouri Undocumented Workers

Thursday, March 24th, 2011
Posted by Tamara
Some undocumented workers in Missouri may qualify for workers’ compensation benefits. In Texas, New York, Florida and Utah, the state laws specifically grant undocumented workers the right to collect workers’ compensation benefits when they are injured at work. In nine other states, including Louisiana, New Jersey and Connecticut, state ... continue reading

Kentucky Sex Discrimination

Wednesday, March 23rd, 2011
Posted by Tamara
A recent case in the federal 2 nd Circuit Court of Appeals may change the perception of creating a hostile work environment. Kaytor v. McCarthy ruled that although Daniel McCarthy verbally abused and threatened employees of all races, sex and color, that did not excuse him from guilt of ... continue reading

Colorado Federal Contracts

Tuesday, March 22nd, 2011
Posted by Tamara
Colorado federal contractors and federal contractors across the U. S. will be happy to learn that audits performed by the Office of Federal Contract Compliance Programs (OFCCP) are limited in scope.

According to the ruling by the administrative law judge in a recent court case, OFCCP cannot ... continue reading

Nebraska Exempt Employees

Monday, March 21st, 2011
Posted by Tamara
The U.S. Department of Labor handles about 10% of the wage and hour enforcement in this country. That may not seem to have much of an impact, but many states utilize the federal regulations as the blueprint for their own guidelines regarding exempt salaried employees.

That is ... continue reading

Illinois School Visitation Law

Friday, March 18th, 2011
Posted by Tamara
There are many states in the U.S. that provide employees with time off to attend school events. Among those states are North Carolina, Minnesota, Massachusetts and Nevada. In these states, a parent or guardian of a kindergarten through grade 12 child may take leave for parent-teacher conferences and classroom ... continue reading

Kansas Workers’ Compensation Law

Thursday, March 17th, 2011
Posted by Tamara
Undocumented workers in Kansas may qualify for workers’ compensation in some cases. In Arizona and Wyoming, courts ruled that an undocumented worker does not qualify for workers’ comp. According to these findings, an illegal immigrant cannot legally enter into an employment contract, and therefore is not an employee.

... continue reading

Mississippi Sex Discrimination and Hostile Work Environment

Wednesday, March 16th, 2011
Posted by Tamara
A recent case has interesting implications for workers in Mississippi. In 2004, David McCarthy, an employee at Electric Boat Corp. was going through a divorce and began verbally abusing all of his employees, regardless of sex, color or race. Because he did not target a specific protected group, he ... continue reading

Michigan Federal Contracts

Tuesday, March 15th, 2011
Posted by Tamara
Michigan federal contractors that prefer not to be the subject of unending audits will be happy with a recent ruling regarding the OFCCP (Office of Federal Contract Compliance Programs).

The good news revolves around the scope that the OFCCP has when conducting an audit, and will also ... continue reading

New York Exempt Employee Update

Monday, March 14th, 2011
Posted by Tamara
In recent litigation with Novartis Pharmaceutical Corp. the U.S. Department of Labor issued an opinion that pharmaceutical reps do not qualify as outside salespeople under FLSA (Fair Labor Standards Act).

According to the DOL, pharmaceutical reps cannot legally sell their merchandise nor can they take orders for ... continue reading

Minnesota School Visitation Law

Friday, March 11th, 2011
Posted by Tamara
Employers in several states, including Minnesota, Massachusetts, Rhode Island, Vermont and Nevada, are required to provide employees with unpaid leave to attend school events.

California has instituted two school visitation laws which prevent businesses from taking negative action against workers who take time off for classroom events. ... continue reading

South Dakota Workers’ Compensation for Illegal Immigrants

Thursday, March 10th, 2011
Posted by Tamara
Many South Dakota companies have experienced an injured employee filing for worker’s compensation, and then discovering that the worker was an illegal immigrant.

Employers could be unaware that a worked was illegal, because often the employee presented convincing fake documents when hired. Then, during medical treatment or ... continue reading

New Hampshire Hostile Work Environment

Wednesday, March 9th, 2011
Posted by Tamara
Up until a recent ruling by the 2nd Circuit Court of Appeals, for a hostile work environment to exist, a New Hampshire employee had to be the specific target of abusive behavior due to religion, race, sex, or any of the groups protected under federal law. A supervisor or ... continue reading

New Mexico Federal Contracts

Tuesday, March 8th, 2011
Posted by Tamara
In a recent audit of a Frito-Lay plant in Dallas, Texas, the OFCCP (Office of Federal Contract Compliance Programs) discovered a pattern of adverse impact on the hiring of women.

The original investigation began in July of 2007 when OFCCP requested applications, affirmative action plans and hiring ... continue reading

Pennsylvania Exempt Employee Status

Monday, March 7th, 2011
Posted by Tamara
There are several occupations in the United States that are classified as salaried exempt, meaning they are not entitled to overtime pay. Recently, the guidelines for two of these occupations, outside salespeople and exempt administrators, have come under scrutiny by the U.S. Department of Labor or DOL.

... continue reading

Rhode Island School Visitation Law

Friday, March 4th, 2011
Posted by Tamara
Several states, including Rhode Island, Vermont, California, Illinois and Colorado, have enacted laws at the state level regarding leave for school events. Employers in these states are required to give employees unpaid time of to attend events such as parent-teacher conferences and classroom events.

There are two ... continue reading

Illinois Workers’ Compensation

Thursday, March 3rd, 2011
Posted by Tamara
Court rulings involving FLSA (Fair Labor Standards Act) have found that undocumented workers are entitled to back wages for overtime, despite the fact they are not legally permitted to work in the U.S.

In many cases, undocumented workers are also entitled to workers’ compensation though they never ... continue reading

Florida Exempt Employee Update

Wednesday, March 2nd, 2011
Posted by Tamara
Florida employers may need to take a closer look at the duties of an exempt administrator to ensure the employee meets the guidelines for exempt status. Employees in Florida should be aware, too, of exact definition and duties of a salaried position that is classified as exempt.

... continue reading

Colorado Sex Discrimination

Tuesday, March 1st, 2011
Posted by Tamara
According to Human Resources professionals, a manager who verbally abuses or threatens all employees is not guilty of discrimination or of creating a hostile work environment. Instead, these supervisors are considered “equal opportunity harassers”. For abusive behavior to constitute a hostile work environment and illegal discrimination, the abuse must ... continue reading