My Current State: 

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

Colorado Sex Discrimination

Tuesday, March 1st, 2011
Posted by Tamara
According to Human Resources professionals, a manager who verbally abuses or threatens all employees is not guilty of discrimination or of creating a hostile work environment. Instead, these supervisors are considered “equal opportunity harassers”. For abusive behavior to constitute a hostile work environment and illegal discrimination, the abuse must ... continue reading

Texas School Visitation Law

Friday, February 25th, 2011
Posted by Tamara
The Texas school visitation law allows employees to take leave for school events, but only those employees who work with the Texas state government.

School visitation laws vary from state to state. Some allow leave for any type of school event. Others offer leave only for disciplinary ... continue reading

New Mexico GINA Health Regulations

Thursday, January 20th, 2011
Posted by Tamara
When requesting health information from an employee, employers must not ask about family medical history or any genetic information. Employers must also caution their workers to not reveal this information.

These guidelines are meant to prevent illegal genetic discrimination under GINA the Genetic Information Nondiscrimination Act which ... continue reading

Mississippi OSHA Plans Increased Inspections

Wednesday, January 19th, 2011
Posted by Tamara
OSHA recently issued a memo requiring local offices to implement more inspections and crack down on Mississippi employers who fail to report accidents in the workplace. The action specifically targets factories and companies with many workers at one site, who report much lower injury rates than their competitors.

... continue reading

Montana Worker Safety Inspections

Thursday, January 13th, 2011
Posted by Tamara
Montana employers need to be aware of some recent developments in OSHA regulations.

While a number of states have worker safety organizations of their own, in Montana OSHA, a federal agency, oversees worker safety. In 2009, OSHA (Occupational Safety and Health Administration) launched the National Emphasis Program ... continue reading

New Minnesota Voter Leave Law

Friday, December 24th, 2010
Posted by Tamara
Most of the states in this country, including Illinois, New Mexico, Nebraska, Kentucky and Kansas, have enacted voting leave laws. These laws vary, however, in how much time off and whether that time is paid. For example, in many cases, the laws require only that the employee be scheduled ... continue reading

Minnesota 7 Day Workweek Law

Monday, November 29th, 2010
Posted by Tamara
An employee asks, “My employer in Minnesota has scheduled me to work 8 days in a row without a day off. Isn’t there a law that prohibits employees from working more than 5 or 6 consecutive days?”

The answer is no. There is no federal law, nor ... continue reading

Alabama Day Off Law

Monday, November 22nd, 2010
Posted by Tamara
Employees in Alabama have asked what their legal rights are to days off during the workweek.

The answer is they have none. There is no federal or Alabama law that mandates an employer to give workers a day off each week. The FLSA or Fair Labor Standards ... continue reading

Montana 7 Days Work

Monday, November 15th, 2010
Posted by Tamara
OSHA, the Occupational Safety and Health Administration and DOT, the U.S. Department of Transportation have enacted regulations regarding an employee’s work schedule. Airline pilots and interstate truck drivers, for example, are limited to the number of consecutive hours or days that they can work. Employees in the majority of ... continue reading

Illinois Day of Rest Law

Monday, August 23rd, 2010
Posted by Tamara
The Illinois One Day Rest in Seven act requires an employer to give workers one day off per payroll week. Employees can volunteer to work 7 days per week, but they cannot be compelled to do so by the employer. The employer cannot take an adverse action against an ... continue reading

California One Day Rest in Seven Law

Monday, August 16th, 2010
Posted by Tamara
California is one of several states that require employees to be given one day off in every week. However, the law permits all the days off for one employee to be given at the same time, in one month.

Suppose Juan is on vacation for part of ... continue reading

Wyoming Sexual Harassment

Friday, June 25th, 2010
Posted by Tamara
Many employers mistakenly assume that sexual harassment only exists if there is a promise of reward or threat of punishment. For example, Tina, a secretary, is repeatedly asked by her supervisor for oral sex. The implication is that a refusal will end her employment. This scenario is known as ... continue reading

Arkansas Sexual Harassment

Friday, June 18th, 2010
Posted by Tamara
Many employers assume that sexual harassment must include the promise of a reward or a threat of job loss, or quid pro quo. This assumption is incorrect.

Sexual harassment does not have to contain an overt or implied reward or punishment to be discriminatory. Any scenario where ... continue reading

Utah Sexual Harassment

Friday, June 11th, 2010
Posted by Tamara
Utah employees ask, “If a coworker continues to ask me out on a date after I have refused, is that sexual harassment?”

The answer is definitely yes! Anytime a Utah employee receives unwanted attention in the workplace due to his or her sex, that worker is being ... continue reading

Virginia Sexual Harassment

Friday, June 4th, 2010
Posted by Tamara
It is the responsibility of all employers in Virginia and across the country to provide an environment free from sexual harassment and sex discrimination.

Unfortunately, Virginia employers often have misconceptions about what constitutes sexual harassment. Many companies assume that a quid pro quo situation must exist for ... continue reading

Arizona Sexual Harassment

Monday, April 19th, 2010
Posted by Tamara
Arizona employers must offer their workers an environment free of sexual harassment. Employers who fail to do so can be hit with millions of dollars in damages as a result of lawsuits filed by the EEOC on a worker’s behalf.

The protection must be provided against sexual ... continue reading

New Hampshire Sexual Harassment

Monday, April 12th, 2010
Posted by Tamara
Most people, and many New Hampshire employers, have a mistaken notion about what sexual harassment is.

They assume it only applies when a male supervisor promises a reward if a female employee complies with his sexual advances, or faces threats of losing her job if she does ... continue reading

Oregon Sexual Harassment

Monday, April 5th, 2010
Posted by Tamara
Employers throughout the 50 states, including Oregon, must by law guarantee their employees a work environment that is safe from sexual harassment.

They must be safe from sexual harassment by anyone, whether it is a supervisor, a coworker, a vendor on the scene, or even a customer. ... continue reading

Tennessee Sexual Harassment

Monday, March 29th, 2010
Posted by Tamara
A female employee asks a male coworker to go out with him. He says “no.” She asks him again. And again, and again. Although he said no the first time and continues to do so, she asks him out five times.

Is this sexual harassment? The answer ... continue reading

West Virginia Sexual Harassment

Monday, March 22nd, 2010
Posted by Tamara
West Virginia employers who fail to understand the federal sexual harassment laws do so at their own risk.

If an employer fails to act on a possible sexual harassment incident, his or her company could face millions of dollars in damages.

When a worker feels ... continue reading

Alaska Sexual Harassment

Tuesday, January 26th, 2010
Posted by Tamara
Sexual harassment is a form of sex discrimination that occurs when an Alaska employee is the focus of unwanted attention in the workplace due to his or her sex. Many employers mistakenly believe that in order for sexual harassment to occur, the employee must be promised a reward or ... continue reading

Religious Discrimination in Arizona

Saturday, December 12th, 2009
Posted by Tamara
As long as it can be done without “undue hardship,” employers in Arizona and elsewhere in the U.S. must allow for the free expression of an employee’s religion.

This means, among other things, that employers are required by federal law to allow Muslim employees to take prayer ... continue reading

Muslim Prayer in Nebraska

Tuesday, December 8th, 2009
Posted by Tamara
Muslim employees in Nebraska and all other states in the U.S. must be allowed to take prayer breaks during the workday.

It is federal law. According to Title VII of the Civil Rights Act of 1964, anything else would be discrimination in the workplace and therefore illegal. ... continue reading

Arizona Religious Discrimination

Tuesday, December 8th, 2009
Posted by Tamara
The phrases “reasonable accommodations” and “sincerely held religious beliefs” are two that Arizona employees would be well-advised to know and understand.

That is because the federal government requires that employers must make “reasonable accommodations” to workers’ “sincerely held religious beliefs” in the workplace.

Typical “reasonable ... continue reading

Kentucky Disciplinary Notices

Monday, November 30th, 2009
Posted by Tamara
Many Kentucky employees have questions about disciplinary notices.

As a result, HR pros have developed a formal and progressive discipline procedure that involves a combination of verbal and written warnings.

Thanks to the procedure, adopted by most large companies and franchises, firms can assure fair ... continue reading

Federal 401k

Wednesday, October 28th, 2009
Posted by Tamara
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 ... continue reading

Hawaii 401k

Tuesday, October 13th, 2009
Posted by Tamara
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 ... continue reading

Illinois 401k

Tuesday, October 6th, 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

Iowa 401k

Tuesday, September 29th, 2009
Posted by Tamara
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. ... continue reading