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Archive for April, 2011

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

Louisiana Employee Privacy Act

Wednesday, April 20th, 2011
Posted by Tamara
Louisiana employers and employers across the country are required to protect a worker’s privacy. The federal Health Insurance Portability and Accountability Act (HIPAA) requires that healthcare providers, insurance companies, pharmacies and others keep a patient’s medical information private. Employers who are self-insured are covered under HIPAA, too.

... continue reading

FMLA 101 – Mississippi Maternity Leave

Tuesday, April 19th, 2011
Posted by Tamara
An employee with a serious health condition, or who needs to care for a family member with a serious health condition is, in most cases, eligible for federal FMLA leave.

FMLA (Family and Medical Leave Act of 1993) provides eligible employees with up to 12 weeks of ... continue reading

Florida Overtime Update

Monday, April 18th, 2011
Posted by Tamara
State and federal agencies have been cracking down on Florida employers regarding wage and hour issues. Under particular scrutiny are misclassification of employees as independent contractors, exempt status and overtime.

An example is a recent case heard in the 5th Circuit Court of Appeals, where the court ... continue reading

Delaware Paid Holidays

Friday, April 15th, 2011
Posted by Tamara
Many Delaware employees wonder what the law is regarding paid holidays. One company might give 5 paid holidays while another gives 10.   Is there a federal law establishing the specific paid holidays for employees?  

The answer is no.   There is no federal law that ... continue reading

North Carolina Employee Privacy Act

Thursday, April 14th, 2011
Posted by Tamara
The federal HIPAA (Health Insurance Portability and Accountability Act) prohibits providers within the healthcare field from sharing medical information on that person with written consent. HIPAA covers “third party administrators” as well. Workers who collect group health insurance payments or counsel about benefits are prohibited from sharing that information ... continue reading

Wisconsin NLRA Poster Requirement

Wednesday, April 13th, 2011
Posted by Tamara
When conducting an on-site compliance inspection in awarding federal contracts, inspectors will, as part of their routine inspection, check that the employer has properly displayed the NLRA (National Labor Relations Act) posters.

Every Wisconsin federal contractor is obligated to display a NLRA poster under Executive Order 13496. ... continue reading

Ohio Maternity Leave

Tuesday, April 12th, 2011
Posted by Tamara
Ohio, like many other states without a family or maternity leave law at the state level, must follow the guidelines for federal FMLA leave.

FMLA (Family and Medical Leave Act of 1993) provides Ohio employees with up to 12 weeks of unpaid, job-protected leave per 12 month ... continue reading

Georgia Overtime Update

Monday, April 11th, 2011
Posted by Tamara
Georgia employers need to be aware of several recent courts cases involving companies attempting to artificially lower the hourly wage for straight time to avoid paying overtime.

The 5th Circuit Court of Appeals recently heard the case of Gagnon v. United Technisource. In this case, when United ... continue reading

Oklahoma Paid Holidays

Friday, April 8th, 2011
Posted by Tamara
Ever wonder why so many holidays fall on Monday in Oklahoma and other states? The reason is the Uniform Monday Holiday Act of 1968 (UMHA). This federal law was enacted in 1971 and provided several “floating” Monday holidays. For example, Memorial Day is officially the 30 th of May, ... continue reading

Maryland Overtime Per Diem Update

Thursday, April 7th, 2011
Posted by Tamara
Recent court rulings show that state and federal agencies are coming down hard on employers regarding wage and hour issues, including misclassifying employees as independent contractors, exempt status and now overtime. An example is a recent case in the 5 th Circuit Court of Appeals.

This case ... continue reading

South Carolina NLRA Poster Requirement

Wednesday, April 6th, 2011
Posted by Tamara
The NLRA (National Labor Relations Act) poster lets workers know they have the legal right to join a union, form a union or assist a union. The poster also includes information about entering into collective bargaining agreements with the employers, and lists examples of legal and illegal contracts. Displayed ... continue reading

FMLA 101 – Tennessee Maternity Leave

Tuesday, April 5th, 2011
Posted by Tamara
Tennessee does not have its own family or maternity leave laws at the state level, so employers must follow the guidelines of the federal FMLA.

FMLA (Family and Medical Leave Act of 1993) provides employees with unpaid, job-protected leave for up to 12 weeks every12 month period. ... continue reading

Idaho Overtime Update

Monday, April 4th, 2011
Posted by Tamara
A few Idaho employers have been manipulating hourly wages to avoid paying overtime. Federal and state agencies have been getting tough with employers on overtime issues, and with misclassifying employees as exempt or as independent contractors.

A recent overtime case was heard by the 5 th Circuit ... continue reading

Virginia Paid Holidays

Friday, April 1st, 2011
Posted by Tamara
Employees might wonder, “What are the paid holidays in Virginia for 2011?  The answer depends upon the employer.   

There is no federal law which requires an employer anywhere in the U.S. to observe any holiday, nor is there a federal law requiring employees be provided with ... continue reading