In a recent year, the U.S. Department of Labor recovered over $25 billion in employee benefit funds. These funds had been misappropriated by employers to help solve cash flow problems and for company officers to treat themselves to new cars, houses and even race horses. Unfortunately, the amount recovered
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A Hawaii employee is suspicious about his 401k statements. His contributions are deducted from his paycheck, but don’t show up as deposits on his 401k statements. What actions should the employee take, if any? The Hawaii employee should immediately place a call to the Employment Benefits Security
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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
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Many Iowa employees wonder who oversees their 401k plans. In 1974, the federal government established ERISA (Employee Retirement Income Security Act). ERISA sets the standards for most of private industry’s pension and health plans, including 401ks. This federal law applies to employees in Iowa and throughout the United States.
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Many Alabama employees have questions regarding a hostile work environment. In a federal case, the regional manager of a fast-food franchise in Dallas was awarded more than $166,000 recently because of jokes about her hearing impairment in the workplace. The manager took her complaint to the EEOC,
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Every employee and employer needs to take steps to prevent the Swine Flu this fall and winter. The last major global influenza pandemic was in 1918. About 50 million people died, or about one third of the population of Europe. That was more than all of the people killed
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Should Indiana employees be worried about Swine Flu? While there is no immediate danger, it is good to be informed. In 1918, the Spanish Flu afflicted 50% of the world’s population, affecting people in every city and town. About 50 million people died, which is comparable to
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The Occupational Safety and Health Administration (OSHA) released a 47 page guide Preparing Workplaces for an Influenza Pandemic that will help any employer with their Mississippi Swine Flu plan. This guide lists health measures from having sufficient tissues, hand sanitizer, toilet paper and drinking water on hand to providing
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Michigan employees and employers need to be informed about influenza, including the Swine Flu. It is not unusual in the fall of the year to see advertisements for flu shots. Influenza usually strikes during the winter, and can be fatal to the elderly, to infants and to
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Ohio Swine Flu Warnings Although most of the scare has past, Ohio employers should have a plan in place for a major flu outbreak. It is not unusual in the fall of the year to see advertisements for flu shots. Influenza usually
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What constitutes “reasonable accommodations” for disabled employees in Kentucky? The answer depends on the job and on the employer. After passage of the Americans with Disabilities Act in 1990, all employers are required to make reasonable accommodations for employees with a disability. These accommodations can include change
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The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating against a worker because of age in employment practices such as hiring, firing, advancement and salary. This law, however, only applies to workers aged 40 and over. Several Nevada employees wonder if any laws
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Title VII of the Civil Rights Act of 1964 provides freedom from religious discrimination in the workplace. The law requires employers to make reasonable accommodations for a worker’s religious beliefs, including how the worker dresses. The law applies, however, only to those workers with sincerely held beliefs.
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Muslim employees, in most cases, are allowed to practice their religious beliefs in the workplace in Wisconsin and across the nation. Some Wisconsin employees have asked if that right includes taking prayer breaks. In most cases, the answer is yes, unless it causes undue hardship for the
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Vermont and many other states have established minimum wage laws. According to these laws, it is illegal for any employer not to pay its workers on the established payday. By not paying workers on the regular payday, the employer is effectively not paying the employee anything at
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Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, religion, race, national origin and color. The Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967 prohibit discrimination against disabilities and age. All of these laws prohibit discrimination in
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In the near future, there may be a law making it illegal to discriminate based on an employee’s sexual orientation. A bill (ENDA) prohibiting sexual orientation discrimination passed the U.S. House in 2007, however, it never made it past the Senate. Currently there is no federal law or Missouri
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Employees are curious if it’s legal for Pennsylvania employers to use polygraph tests as a pre-employment tool. In most cases, the answer is no. Since Pennsylvania has no polygraph law, the federal law applies. The Employee Polygraph Protection Act prohibits the majority of private employers from utilizing
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Several employees have asked, “Are pre-employment polygraph tests legal in Washington?” The answer to this question is usually no, pre-employment polygraphs are not legal. According to the federal Employee Polygraph Protection Act (EPPA), most private employers are prohibited from using polygraph tests to screen applicants, or to
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West Virginia industries and employers, particularly those that require a lot of outdoor work, are increasing their use of ATVs (or All Terrain Vehicles). These vehicles have four large, puffy tires and look like a recreational toy, so people often do not realize how dangerous they can be.
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Discrimination due to gender is prohibited by the Civil Rights Act of 1964, specifically Title VII, as is discrimination due to race, religion, color and national origin. This law applies to all aspects of employment, including benefits, training, salary, hiring, firing and advancement. Sexual harassment is
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The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against employees due to a disability. The law also requires that employers must make reasonable accommodations for disabled workers. All aspects of Wyoming employment are protected from discrimination by the ADA, and by Title VII of the
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When an Illinois employer utilizes an ATV (or All Terrain Vehicle), the employee must be properly trained to handle the vehicle. Though ATVs look like a lot of fun, and more of a toy than a vehicle, they can be dangerous, even fatal. A recreational accident of an ATV
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Consider a company that is tired of hiring immature workers. As an antidote to the problem, the business decides to set a minimum age of 25 for all future hires. Some employees wonder if this policy would constitute age discrimination. If an employer in Massachusetts institutes
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The federal Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against workers 40 years old and older solely based on their age. This Act covers employment aspects such as working environment, training, advancement, training and compensation. As a result, an employer who’s tired of
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According to Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate against workers because of their religion. As a result of this law, employers are required to make “reasonable accommodations” for a worker’s “sincerely held” religious beliefs. Nevada employees have
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After 9/11, there have been several court cases involving religious discrimination, specifically against Muslims. Title VII of the Civil Rights Act of 1964 prohibits discrimination against an employee due to their religion, race, sex, color or national origin in all aspects of employment. This means that these factors cannot
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Employers have noted that providing a written warning to an employee of misconduct or an infraction of company policy often has more impact than a verbal warning. Since there is no state or federal law that governs written warnings, Human Resources professionals devised a discipline procedure. This procedure is
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Employees in Texas want to understand what “employment at will” means at work. “Employment at will” is a legal concept which means that unless a written contract is in place, an employer may terminate an employee at any time, for any reason, or without a reason. The
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Employees in Mississippi wonder exactly what is involved in their state’s “two -lock system” for keeping medical information confidential. The term two-lock system is often used to mean keeping data secure from unauthorized use within and without the company. Several federal laws, including the ADA (Americans with
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