My Current State: 

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

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

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

Exempt Employee Status in Question

Wednesday, July 28th, 2010
Posted by Tamara
The U.S. Department of Labor is interpreting exempt status much more narrowly in 2010 than in past years, a trend that is expected to continue.

As most employers know, employees are entitled to overtime at 1.5 times their average hourly rate when they work more than 40 ... continue reading

New Mexico Mini-COBRA Law

Friday, April 16th, 2010
Posted by Tamara
Some 40 or more states in the U.S., including New Mexico, now have what are referred to as “mini-COBRA” laws.

Mini-Cobra extends the advantages of the federal COBRA to employers with fewer than 20 workers enrolled in group health insurance plans. The New Mexico mini-COBRA provides healthcare ... continue reading

California Mini-COBRA Law

Friday, April 9th, 2010
Posted by Tamara
Employees in companies with 20 or more workers enrolled in a health insurance plan have traditionally been able to continue their health insurance coverage for up to a year and a half through COBRA.

Then mini-COBRA laws adopted by at least 40 states nationwide including California extended ... continue reading

Iowa Mini-COBRA Law

Friday, April 2nd, 2010
Posted by Tamara
State legislatures are changing their mini-COBRA laws to make the transitional health insurance plan more affordable.

There are roughly 40 states in the U.S., including Iowa, that have mini-COBRA laws now, which essentially extend the regular COBRA benefits to employers with fewer than 20 workers enrolled in ... continue reading

Kansas Mini-COBRA Law

Friday, March 26th, 2010
Posted by Tamara
States are making changes in their mini-COBRA laws to allow workers to take advantage of a new subsidy that reduces their COBRA health insurance costs.

Since February of 2009, at least 18 states have ratified the change. The Kansas mini-COBRA covers employers with 2 to 19 employees, ... continue reading

Maine Mini-Cobra Law

Friday, March 19th, 2010
Posted by Tamara
The Maine mini-COBRA law covers employers with 2 to 19 workers, and provides coverage for up to 12 months. Employers in Maine and elsewhere are advised to become familiar with what is referred to as the “mini-COBRA law.”

Those employers who are conversant with COBRA will have ... continue reading

Tennessee Comp Time

Friday, February 12th, 2010
Posted by Tamara
The proper use of “comp time” (paid time off in a future payroll week as a substitute for paid overtime) is often the subject of confusion. It is not legal for a business in the U.S. to grant “comp time” instead of paying overtime.

For example, Tom ... continue reading

Religious Discrimination in Illinois

Friday, November 20th, 2009
Posted by Tamara
For more than 40 years it has been against the law in Illinois and throughout the U.S. to discriminate against employees based on their religion or religious practices.

The applicable federal law is Title VII of the Civil Rights Act of 1964. The law not only prohibits ... continue reading

Illinois Minimum Wage Posters

Wednesday, July 15th, 2009
Posted by Tamara
Small business owners need to update their Illinois minimum wage posters this summer as the state rate increased yet again.

This summer, the minimum wage in Illinois is tied for fourth-highest in the U.S.

Only Washington, Vermont and Oregon will have higher minimum wages. Illinois ... continue reading

Alaska Sex Discrimination and Height

Wednesday, May 6th, 2009
Posted by Tamara
Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees due to race, color, sex, religion and country of origin. Under this law, any practice which discriminates against these groups in hiring, terminating, training, and other aspects of employment is illegal.

Some Alaska employees ... continue reading

New Jersey Disability

Wednesday, March 18th, 2009
Posted by Tamara
According the Americans with Disabilities Act of 1990 (ADA), employers can discriminate against employees because of their disabilities. This law covers all aspects of employment, such as wages, promotion, working conditions, benefits and training.

The law doesn’t insist New Jersey employers hire disabled workers, but prevents them ... continue reading

Colorado Confidential Files

Wednesday, February 18th, 2009
Posted by Tamara
Personal employee data, such as disability status, race, age, religion, medical condition and background, are required by law to be kept confidential and separate from personnel files.

HIPAA (Health Insurance Portability and Accountability Act) and ADA (Americans with Disabilities Act) are the relevant laws that require this ... continue reading

Illinois Confidential Files

Saturday, February 14th, 2009
Posted by Tamara
Two federal laws, the Health Insurance Portability and Accountability Act (HIPAA) and the Americans with Disabilities Act (ADA) require that certain employee information, including race, color, religion, disability status, background, credit and age be kept confidential and separate from personnel files.

Illinois employees wonder how this information ... continue reading

Alabama Religious Discrimination

Friday, October 17th, 2008
Posted by Tamara
Alabama employees asked: are Muslim employees permitted to take prayer breaks at work?

Title VII of the Civil Rights Act of 1964 says that employers can not discriminate due to a worker’s religion. In Alabama, and throughout the country, employers must allow Muslim workers to take prayer ... continue reading

Dress Code in Ohio

Wednesday, September 24th, 2008
Posted by Tamara
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination against Ohio employees because of their race, sex, national origin, color or religion.

Several recent court cases have dealt with the issue of religion, specifically with religion and dress code.

... continue reading

Texas FMLA

Friday, June 20th, 2008
Posted by Tamara
The Family and Medical Leave Act of 1993 provides up to 12 weeks of unpaid job-protected leave in a 12 month employee for most Texas employees.   Under FMLA, a worker is guaranteed to return to his or her job with the same benefits, working conditions, and pay as ... continue reading

Arkansas Sexual Orientation

Thursday, May 15th, 2008
Posted by Tamara
While most Human Resources professionals agree that discrimination based on sexual orientation is not a wise practice, there is no federal law providing protection against such discrimination.   Many private organizations have implemented policies prohibiting it.  

Some states and municipalities have statutes outlawing such ... continue reading

Disciplinary Notices in Utah

Wednesday, April 30th, 2008
Posted by Tamara
There are many misunderstandings between employers and employees regarding written warnings.

If a Utah employer must provide a worker with a written “warning,” the employee may believe that signing the warning is an admission of guilt. This is not true. Written warnings are used to show the ... continue reading

Oklahoma ADA

Tuesday, April 29th, 2008
Posted by Tamara
Due to passage of the historic Americans with Disabilities Act of 1990 ( ADA ) Oklahoma employers must make “reasonable accommodations” for an employee with disabilities. However what makes up a “reasonable accommodation” could differ from company to company.

As an example, a realty company permits agents ... continue reading

Age Discrimination in Montana

Wednesday, April 23rd, 2008
Posted by Tamara
In Montana , if an employer chooses not to hire anyone under the age of 25, he or she is not prohibited by any federal or state law.

Age discrimination is illegal. However, the Age Discrimination Act of 1967 only protects workers 40 older or more. Under ... continue reading

Age Discrimination in Wyoming

Tuesday, April 22nd, 2008
Posted by Tamara
There are no statutes under federal or Wyoming law that make it illegal to hire only workers who are at least 25 years old.

Although such discrimination against younger workers is frowned upon, it is technically legal. An employer may feel this policy is necessary in order ... continue reading

Disciplinary Notices in Pennsylvania

Tuesday, April 22nd, 2008
Posted by Tamara
There are instances where employees believe that if they refuse to sign a disciplinary warning, the warning will not be held against them. This is not true because signing a written “warning” is not an admission of guilt.

The written warning is merely used as a tool ... continue reading

Religious Discrimination in Oregon

Tuesday, April 22nd, 2008
Posted by Tamara
Under Title VII of the Civil Rights Act of 1964, Oregon employers are not allowed to discriminate against employees based on color, race, sex or national origin.

Discrimination against an employee in the workplace based on his or her religion is also illegal. This law mandates that ... continue reading

Disciplinary Notices in Texas

Monday, April 21st, 2008
Posted by Tamara

Most companies use written “warnings” to provide the employee with a notice that improvement is necessary. Usually, the warnings are very specific about the deficiencies that must be corrected, such as absenteeism or tardiness.

Some employees believe that signing the warning is an admission of guilt and if they ... continue reading

Texas ADA

Monday, April 21st, 2008
Posted by Tamara

The law Texas employers should keep in mind in regard to employees with disabilities is the Americans with Disabilities Act of 1990. This law requires employers to make “reasonable accommodations” for employees with disabilities. However, what defines these “accommodations” varies from workplace to workplace.

Here is an example to ... continue reading