My Current State: 

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

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

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

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

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

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

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

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

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

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

New Alabama GINA Regulations

Wednesday, December 29th, 2010
Posted by Tamara
According to the Genetic Information Nondiscrimination Act (GINA) passed in 2008, Alabama employers need to instruct supervisors and managers to caution workers about revealing genetic information.

To assist employers in this task, EEOC issued final regulations for enforcement of GINA. These new regulations state that an  Alabama ... continue reading

Illinois OSHA Plans Increased Enforcement

Monday, December 27th, 2010
Posted by Tamara
A few years ago, several university studies revealed that businesses were incorrectly reporting, or underreporting, fewer workplace accidents. As a result of these studies, OSHA launched the National Emphasis Program on Recordkeeping (NEP). Under NEP, OSHA plans to increase focus on the manufacturing industry.

To that end, ... continue reading

Montana 2011 Minimum Wage is $7.35

Tuesday, December 21st, 2010
Posted by Tamara
Montana is one of nine states, including Arizona, Colorado, Washington, Florida, Oregon and Missouri, that adjust their state minimum wage each January, based on the cost of living.

Colorado is the only state with a minimum wage law that allows a reduction in the minimum wage is ... continue reading

Holiday Party Liability

Monday, December 20th, 2010
Posted by Tamara
Hosting a holiday party for employees can be enjoyable, but can also be a liability nightmares for employers and HR pros.

Depending on the venue and the activity, the employer can be held liable for any accidents that occur during holiday parties. Problems can arise from drinking, ... continue reading

Celebrate Diversity with Holiday Events

Thursday, December 16th, 2010
Posted by Tamara
Many employers this time of year are planning holiday parties. While parties can be a welcome break from office routine, experts at SHRM, the Society for Human Resource Management, suggest that it is important to make them inclusive.  

Remember that not every employee is Christian. Unless ... 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

Mississippi Small Business FMLA Maternity Leave

Monday, October 25th, 2010
Posted by Tamara
The primary law in the United States governing maternity leave is the federal FMLA (Family and Medical Leave Act). This law, however, applies to employers with 50 or more employees. That excludes most Mississippi small businesses.

So, what state or federal law governs maternity leave for employees ... continue reading

New Mexico Small Business FMLA Maternity Leave

Monday, October 18th, 2010
Posted by Tamara
Are small businesses in New Mexico required by state law to provide maternity leave?

There answer is no, because there is no New Mexico state maternity leave law which applies to small businesses. The determining factor regarding granting of maternity leave is the employer’s size.

... continue reading

Maryland Paternity Leave

Friday, October 15th, 2010
Posted by Tamara
The Family and Medical Leave Act (FMLA) allows eligible employees of either sex to take up to 12 weeks of unpaid leave for a variety of reasons, including the care of a newborn or newly adopted baby. Since Maryland does not have a paternity leave law, many expectant fathers ... continue reading

Ohio Small Business FMLA Maternity Leave

Monday, October 11th, 2010
Posted by Tamara
Many Ohio small business employers are confused about their responsibility for providing maternity leave–paid or unpaid.

There is no federal law requiring Ohio small businesses to grant maternity leave, unless they are covered under FMLA.

The federal Family and Medical Leave Act (FMLA) provides up ... continue reading

Alabama Vacation and Final Wages

Wednesday, October 6th, 2010
Posted by Tamara
Amy recently left her job in Alabama to move out of state, but   didn’t receive pay for my unused vacation time. She wonders if that is legal.

The answer is it depends. From a state law point of view, yes it’s legal. Alabama does not have ... continue reading

Arizona Hostile Work Environment

Tuesday, September 28th, 2010
Posted by Tamara
What constitutes a hostile work environment? Many Arizona employees have asked this question. The legal definition requires two conditions to exist.

The Arizona employee must be the target of negative behavior due to his or her race, age (40-70), color, national origin, religion, disability, pregnancy or sex. ... continue reading

Kansas Hostile Work Environment

Tuesday, September 7th, 2010
Posted by Tamara
An employee working at a Kansas company has a boss who constantly yells at the employees and calls them names. Does this constitute a hostile work environment?

It depends. The legal definition of hostile work environments includes two conditions that must be met.

The employee is ... continue reading

Louisiana Hostile Work Environment

Wednesday, September 1st, 2010
Posted by Tamara
Several employees in Louisiana have asked, “Exactly what is the legal definition of hostile work environment?”

Confusion about this term is understandable, because it is often misused. Many workers assume that if their employer or coworkers behave badly they are creating a hostile work environment.

... continue reading

Hawaii Split Shift Law

Friday, August 27th, 2010
Posted by Tamara
Hawaii has no law that requires employees to be given one day off per week. Nor does the state limit the total number of hours that an employee can be required to work in the payroll week.   

However, the Hawaii split shift law permits an employer ... continue reading

Arizona Days of Rest Law

Wednesday, August 18th, 2010
Posted by Tamara
Many employees in general industry believe that by law they must be given 8 hours between work shifts to rest, but in most states including Arizona, this is not the case.

A number of states have laws regarding the hours and days of rest that an employee ... continue reading

Maximum Wisconsin FMLA

Friday, August 13th, 2010
Posted by Tamara
Is an employee allowed to “double dip” by taking unpaid leave under both the federal FMLA and the Wisconsin family leave act during the same year? The answer is sometimes yes, but at other times, no.

Under federal law, an employee is entitled to unpaid, job-protected to ... continue reading

FMLA in Idaho

Wednesday, August 11th, 2010
Posted by Tamara
Can an employee be required to attend meetings or other events while on continuous FMLA? The answer is no. An employee on FMLA is not required to work. The employee is off and cannot be expected to answer phone calls, check email or stop by the office for meetings. ... continue reading

Sleep Apnea and Poor Performance in Iowa

Friday, August 6th, 2010
Posted by Tamara
How should an Iowa employer deal with the problem of an employee in poor health whose work performance is not up to par? Harry is a 65-year-old bookkeeper with multiple health problems including arthritis, diabetes and sleep apnea. Two months ago, Harry took 10 weeks of FMLA to recover ... continue reading

California School Visitation Leave

Tuesday, August 3rd, 2010
Posted by Tamara
California statutes L 230.7 and 230.8   require an employer to give unpaid school visitation leave to parents and guardians. The employer cannot take any negative employment action, including firing, against an employee who takes school leave.

There are two types of school visitation leave in California. ... continue reading