My Current State: 

Illinois 401k

Tuesday, October 20th, 2009
Posted by Tamara
Illinois employees are wondering if their benefit funds are protected by law.

The answer is yes, for most plans. The majority of private industry pension and health plans, including 401ks are protected by ERISA (Employee Retirement Income Security Act of 1974). This federal law applies to Illinois ... continue reading

Oklahoma Confidential Files

Monday, October 5th, 2009
Posted by Tamara
According to the Americans with Disabilities Act of 1990 (ADA), an employee’s disability information must be kept confidential. Other federal laws, such as HIPAA (Health Insurance Portability and Accountability Act) and Title VII of the Civil Rights Act of 1964, mandate that certain types of employee data can be ... continue reading

Connecticut ADA

Friday, September 25th, 2009
Posted by Tamara
“Reasonable accommodation” is a phrase often heard when discussing issues of accessibility in the Connecticut workplace.

What does it mean? How should it be interpreted?

The term comes from the Americans with Disabilities Act (ADA), passed in 1990. According to this federal law, businesses must ... continue reading

Minnesota Hostile Work Environment

Thursday, September 10th, 2009
Posted by Tamara
Most employers and employees know that it is illegal to discriminate in against disabled workers when it comes to hiring, training, promotions, working condition, discipline, and the like.

Most of them also realize that the Americans with Disabilities Act (ADA) of 1990 requires firms to make reasonable ... continue reading

Arizona Swine Flu Warnings

Tuesday, August 25th, 2009
Posted by Tamara
Every Arizona employer should have a plan in place for dealing with a swine flu epidemic this winter.

Some agencies have already taken action. The CDC, for example, issued an alert on Swine Flu in April of 2009. Meanwhile, the Secretary of the Department of Homeland Security, ... continue reading

Oklahoma Holiday Pay

Friday, August 7th, 2009
Posted by Tamara
Oklahoma employees wonder if employers are required to provide employee with paid holidays.   

No. There is no Oklahoma or federal law that requires a company to give workers paid holidays. Most companies do, though. Generally, employers provide workers with 5 to 7 paid holidays per year. ... continue reading

Pennsylvania Smoking Breaks

Tuesday, June 23rd, 2009
Posted by Tamara
Pennsylvania employers have wondered how many smoking breaks per day they are legally obligated to give employees.

The answer is none.

Pennsylvania employers are not legally obligated to provide any smoking breaks, ever. No federal law mandates it, nor is there a Pennsylvania law requiring ... continue reading

Iowa Swine Flu Plan

Wednesday, June 17th, 2009
Posted by Tamara
In the event of a pandemic (a global epidemic), Iowa employers and those throughout the nation should already have a plan in place to handle the problem. OSHA has been recommending this step for at least 5 years. Unfortunately, until the recent outbreak of Influenza 2009 H1N1 Flu ( ... continue reading

Nebraska Discrimination

Friday, May 29th, 2009
Posted by Tamara
Discrimination is prohibited by many federal laws. One of the most notable laws on this topic is Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on race, color, national origin, sex and religion. Other federal laws soon followed, prohibiting discrimination against persons with ... continue reading

Age Discrimination in Colorado

Wednesday, April 8th, 2009
Posted by Tamara
Age discrimination against employees 40 to 70 years old is generally illegal in Colorado, under federal law. However, in several cases, courts have recognized age as a “bona fide qualification”. This applies to both older and younger employees. Occupations involving public safety are a good example. Police departments have ... continue reading

Disciplinary Notices in New York

Wednesday, March 25th, 2009
Posted by Tamara
Disciplining an employee for an infraction of company policy can be awkward and difficult. There are no New York laws governing disciplinary measures, but some Human Resources professionals have put a few methods into practice. In most large companies and franchises, these disciplinary methods have become standard operating procedure. ... continue reading

Disciplinary Notices in Virginia

Tuesday, March 17th, 2009
Posted by Tamara
Most Virginia employers have put into place a procedure for disciplining an employee who breaks a company policy. This procedure usually involves a verbal warning, followed by written warnings. Most companies use the one verbal, three written standard, but the exact number is completely under their control.

... continue reading

Michigan Religious Discrimination

Monday, February 23rd, 2009
Posted by Tamara
Most Michigan employers provide their workers two paid breaks per day, usually lasting 10 to 15 minutes. Michigan employees are asking if Muslim workers are permitted to take additional breaks for prayer.

Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating ... continue reading

Oregon Religious Discrimination

Tuesday, February 17th, 2009
Posted by Tamara
Many Oregon employees wonder, are employees allowed to practice religion in the workplace? For example, can Muslim workers take prayer breaks? The answer to both questions is yes, unless the religious practices create hardship for the employer.

The federal Civil Rights Act of 1964, specifically Title VII, ... continue reading

Texas Religious Discrimination

Friday, February 13th, 2009
Posted by Tamara
Are Muslim employees in Texas permitted to take prayer breaks at work? Yes, in most cases, they are.

According to Title VII of the Civil Rights Act of 1964, employers are prohibited from discrimination against employees due to religion, race, color, national origin and sex. This is ... continue reading

Maryland Employment at Will

Wednesday, February 11th, 2009
Posted by Tamara
Most employers realize that terminating an employee without warning is bad for company morale and bad for productivity. Employees, too, usually give notice when leaving a job, two weeks notice is customary.

Knowing this, many workers are concerned with “Employment at Will” and how it is applied ... continue reading

Arkansas Holiday Pay

Thursday, February 5th, 2009
Posted by Tamara
What are the legal requirements regarding holiday pay. Are there any Arkansas or federal laws that require companies to offer paid holidays? Must companies pay a premium rate when employees work on a holiday?

No laws, at either the national or the state level, mandate either paid ... continue reading

Connecticut Holiday Pay

Wednesday, February 4th, 2009
Posted by Tamara
The holiday season usually prompts questions about just what is meant by “holiday pay” in Connecticut.

One of the most common questions is: “Do employees have the legal right to get additional pay for working on a holiday?” Another typical question is: “Must employers give their workers ... continue reading

Delaware Holiday Pay

Sunday, February 1st, 2009
Posted by Tamara
Employees coming off the holiday season may not realize it, but employers in Delaware are not obligated to offer paid holidays.  

For that matter, employers are not mandated to pay their workers extra, if the employees work on holidays.

There is neither a federal ... continue reading

Mississippi Holiday Pay

Wednesday, January 28th, 2009
Posted by Tamara
Here are two questions that all employers, workers and Human Resources professionals should be able to answer:

“Are Mississippi employers mandated to pay their employees premium pay rates when they work on holidays?”

“Are companies required to give their workers paid holidays off?”

... continue reading

Delaware Sick Pay

Friday, January 23rd, 2009
Posted by Tamara
Paid sick time is a benefit offered by Delaware employers at their own discretion. There is no Delaware law which requires companies to pay workers for sick time. In fact, there is no state or federal law regarding paid sick time.

Ten states require companies to pay ... continue reading

Maine Holiday Pay

Wednesday, December 10th, 2008
Posted by Tamara
Gary works 47 hours during a week with a paid holiday. He didn’t work on the holiday, but insists he should receive “holiday pay” or overtime for the holiday and overtime for the additional 7 hours. His employer insists he only gets 7 hours of overtime and 48 hours ... continue reading

Light Duty in Massachusetts

Thursday, November 27th, 2008
Posted by Tamara
When assigning an employee to a light duty position, employers must apply the protocol evenly and fairly. For example, a company can’t provide light duty positions to female workers, but deny them to male workers. Doing so would constitute discrimination and violate Title VII of the Civil Rights Act ... continue reading

New Jersey Payday

Wednesday, November 26th, 2008
Posted by Tamara
Under New Jersey state minimum wage law and federal minimum wage law, it is illegal for a company not to pay workers on the established payday. The employer may set any payday it wishes, but once the payday is set, it must be honored.

Failure of an ... continue reading

North Dakota Discrimination

Thursday, November 20th, 2008
Posted by Tamara
Employees are protected from discrimination based on color, race, sex, religion and country of origin by Title VII of the Civil Rights Act of 1964. The Americans with Disabilities Act of 1990 protects disabled workers, and the Age Discrimination in Employment Act of 1967 prevents discrimination against persons over ... continue reading

Hawaii Polygraph

Wednesday, November 12th, 2008
Posted by Tamara
Many Hawaii employees are curious about the federal law concerning polygraph tests for employment.

According to the federal Employee Polygraph Protection Act (EPPA), most private employers are prohibited from administering polygraphs for pre-employment screening or after a worker is hired. Hawaii follows the federal law, so in ... continue reading

Mississippi Smoking Breaks

Friday, November 7th, 2008
Posted by Tamara
Most employers allow employees a 30 minute lunch break and two 15 minute breaks during the workday. Federal law doesn’t mandate employee breaks, nor does Mississippi state law. An employer is not legally required to give workers any breaks at all. In fact, a company is perfectly within their ... continue reading

California Sex Discrimination and Height

Sunday, October 26th, 2008
Posted by Tamara
Height limits as a job requirement are most often illegal. Title VII of the Civil Rights Act of 1964 prevents discrimination against workers due to their race, religion, sex, color and national origin. Aspects of employment covered by Title VII include interviewing, hiring, termination, benefits, compensation and working environment. ... continue reading

Oregon Hostile Work Environment and Disability

Saturday, October 25th, 2008
Posted by Tamara
Under federal law, Oregon employers are prohibited from discriminating against an employee because of his or her race, color, national origin, sex or religion. Federal law, specifically the Americans with Disabilities Act of 1990 (ADA), also prevents discrimination against workers with disabilities. This means that a company cannot use ... continue reading

Hawaii Sex Discrimination and Height

Thursday, October 23rd, 2008
Posted by Tamara
Employees often ask, “Can an employer legally set a minimum height or weight as a requirement for a job?”  

According to Title VII of the Civil Rights Act of 1964, any policy that limits employment opportunities for a protected group is probably illegal. Title VII prohibits ... continue reading