While the Minnesota minimum wage remains at $6.15 per hour, many employers in the state are entitled to $7.25 per hour when the federal minimum wage increases on July 24, 2009.

When the federal minimum wage goes up on July 24, 2009, the average American minimum wage earner will be receiving $84 a week or $4,368 a year more than he or she did in 2006.

Even with the increase, minimum wages will not equal the purchasing power of the minimum wage in 1968, when it was $1.60 an hour. They would have to climb to $9.12 an hour to match that level, according to proponents of the new federal minimum wage law.

Under the Fair Minimum Wage Act of 2007, the minimum rate was set to increase 70 cents an hour each year for three years, making a total increase of $2.10 per hour.

On July 24, 2009, the rate goes from $6.55 to $7.25 an hour. The first hike was on July 24, 2007, when it climbed from $5.15 an hour to $5.85 an hour. The following July 24, it went up from $5.85 to $6.55. The increases were the first in 10 years.

Also on July 24, 2009, a number of states will increase their minimum wages. Half the states nationwide have set minimums that are above the level of the federally-established wage. In those cases, the higher state rate must be paid.

According to the U.S. Department of Labor, employers who do not pay the minimum wage are breaking the law. It is a violation of the Fair Labor Standards Act of 1938 (FLSA), which is enforced by the Department’s Wage and Hour Division.

The minimum wage does not apply to businesses with fewer than 50 employees or with revenues of more than $500,000 yearly. Businesses are not subject to the minimum wage law unless they transact interstate commerce. Interstate commerce, in this case, is defined as regularly mailing goods to customers out of state, buying supplies from out-of-state vendors, or making goods that will be sold out of state.

During the decade before the Fair Minimum Wage Act of 2007 was signed into law, the minimum wage had not moved from $5.15 an hour. Congressional pay raises amounted to $31,600 each, on average, during the same period.

The Virginia minimum wage law tracks the federal minimum wage in terms of both amount and schedule.

That is why both the federal minimum wage and the Virginia minimum wage will go up 70 cents an hour this year, from $6.55 to $7.25 an hour in both cases. That is also why both increases occur on July 24, 2009.

This is not a coincidence. Virginia law mandates that the minimum wage in Virginia tracks or mirrors the federal minimum wage rate. Virginia’s law is enforced by the state.

As a result of this mandated tracking, both the federal and the Virginia minimum wage rose from $5.15 to $5.85 an hour, an hourly increase of 70 cents, in 2007. In 2008, both increased from $5.85 to $6.55. The good news for employers in a recession is that no federal minimum wage increase is scheduled for 2010.

The federal Fair Labor Standards Act (FLSA) establishes the federal minimum wage. For more information about the federal law, see the Department of Labor’s website at www.dol.gov.

A significant difference between the federal and the Virginia law, however, is that Virginia’s labor law applies to smaller businesses.

The FLSA, on the other hand, applies only to employers with revenue of at least $500,000 yearly or who engage in interstate commerce.

The federal minimum wage law covers health care facilities, schools, and hospitals, as well as federal, state and local governmental agencies.

There are some exceptions under the FLSA besides the ones mentioned above. Tipped workers need not legally be paid the minimum wage. In fact, both federal and Virginia labor laws allow employers to pay less than minimum wage to tipped workers. In some states, food servers may legally receive a mere $2.13 an hour. If an employee does not earn $5.12 an hour on average in tips during a given pay period, employers are mandated to cover the shortfall.  

Illinois has been added to a special list that includes California, Massachusetts, and Connecticut.

Effective July 1, 2009 the Illinois minimum wage increased from $7.75 to $8.00 per hour. The state rate is higher than the federal minimum wage, currently at $6.55 per hour and slated for an increase to $7.25 per hour on July 24, 2009.

The list is made up of those states tied for fourth-highest minimum wage nationwide. The top rank goes to Washington State in first place, with Oregon in second place and Vermont in third place.

On July 1, the minimum wage of Illinois became $8.00 an hour, a boost of 25 cents from the previous hourly rate of $7.75. Minimum wage increases come on July 1 of the year in Illinois, while the federal rate changes on July 24.

In 2010, the Illinois rate goes up another 25 cents an hour, bringing it to $8.25. This is part of a statutory increase of 25 cents per year for several years.

In 2003, the minimum wage in Illinois went from $5.15 to $5.50 an hour, effective in 2004, an increase of 35 cents an hour. Following that increase, the rate went to $6.50 an hour.

The Illinois Department of Labor has estimated that about 650,000 workers will benefit from the increase in the minimum wage.

Several categories of worker are not covered by the minimum wage law in Illinois. Tipped workers, for example, need not be paid the regular minimum. In Illinois, employees working for tips may legally be paid just $4.65 an hour. There is also a reduced rate for workers new to the job. According to state law, they may be paid a training wage of $7.25 an hour for their first 90 days. Another category is the worker under 18 years old, who need not be paid the minimum wage.

Illinois’ minimum wage increases have garnered the praise of Beatrice Jackson, President of ACORN (the Association of Community Organizations for Reform Now). “For thousands of working families who live on the brink of poverty, the increase in Illinois’ minimum wage will help workers afford basic necessities that so many of us take for granted, like food, clothing, housing and education,” she said.

The now-infamous former Governor, Rod Blagojevich, who was later indicted on federal corruption charges, said he was “proud that in Illinois we’ve kept our promise” to help working people.

Salaried employees in Virginia and elsewhere who earn less than $455 a week are legally entitled to overtime pay. The fact that they receive a salary rather than a wage is irrelevant.

Many employers are not aware that federal law provides overtime pay protection to some salaried workers. They assume, as do most other people, that “salaried” means “no overtime.” Nothing could be further from the truth.

The federal law covering salaried exempt employees in Virginia is the Fair Labor Standards Act or FLSA.

According to the FLSA, two factors are significant guideposts in determining whether or not a salaried employee is entitled to overtime pay. One is pay rate and the other is job duties.

Briefly touched on already, $455 a week is the cutoff point. Those salaried employees earning less than that weekly are under the protection of overtime laws. If they work more than 40 hours a week, they are entitled to “time-and-a-half,” or 1.5 times their regular pay. It applies regardless of what their duties are. Anyone making more than $100,000 a year for non-manual labor is automatically outside the protection of overtime laws.

Job duties determine overtime protection as well. Highly-paid professionals with advanced degrees are not entitled to overtime pay. This could include anyone from computer experts to pharmacists and emergency room doctors. The programmer, system analyst, or software engineer would fall into this category.

Managers and executives are not entitled to overtime. To be a manager or executive, however, takes more than a job title. To qualify, an employee must be in charge of at least two other employees. He or she must be responsible for making decisions that are significant to the company. The salaried employee who chooses which potential vendors will receive contracts, for example, would be a manager and thus not entitled to overtime pay. The person who phones in orders to those vendors would not be a manager. He or she would be entitled to overtime compensation.

Clarification of terminology is important. The salaried employee not entitled to overtime pay is designated “salaried exempt.” The one who is entitled is “salaried non-exempt.”   

The Bureau of Labor Statistics (BLS) stated in its annual report that homicides in the workplace are decreasing. However, employers should still be aware of this hazard. OSHA (Occupational Safety and Health Administration) adds that the number of homicides has decreased by 50% since 1994, when the highest number of workplace homicides were reported.

In addition, workplace violence itself is on the decline. Incidents of assaults and violent acts decrease by 5% from 2005 to 2006, going from 792 to 754, respectively. The U. S. Department of Labor verifies that workplace violence in Louisiana and across America is on the decline.

While the incidents have decreased, public awareness of workplace violence may be on the upswing. Several high-profile cases of workplace homicide have dominated the news.

Delaware State University recently experienced a tragic shooting of two students near the sports arena. The entire campus of 1,700 was immediately locked down, confining the students to their dorm rooms. Dover police were assisted by several law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, and have made an arrest.

Perhaps the most tragic event was the Virginia Tech massacre on April, 16, 2007. On that date, 32 students and staff were killed. The assailant, Seung-Hui Cho chained the doors of a campus building shut and opened fire. In addition to the 32 deaths, 17 other were wounded before Cho turned his Glock 19 on himself.

Later it was discovered that Cho had murdered two people in a nearby dorm room. The University was criticized by some for not shutting down the campus, and the police for the homicides as “a domestic dispute”. Investigation into the shooting revealed that Cho had a history of irrational behavior, was a loner, was prone to fits of rage and possessed an unhealthy interest in weapons. OSHA (Occupational Safety and Health Administration) identified these characteristics as warning signals of workplace violence.

Cho also had a history of mental health problems, but was not being treated for them.

Many Michigan workers have questions about paid travel time during the workday. If the job requires traveling from job site to job site, is that considered paid time? Is travel time to the first job site of the day paid time?

The relevant law is the federal FLSA (Fair Labor Standards Act of 1938). This law provides the definitions of paid time, regulates minimum wage and overtime pay.

When an employee’s job requires him or her to travel between job sites during the workday, that time is definitely paid time. Travel time to the first job site, however, is not paid time, because the law assumes that workers must commute to work every day.

As with all rules there are exceptions. If the commute to the first job site requires the employee to travel outside of the “normal commuting area”, that time should be considered as paid time. “Normal commuting area,” however, has no standard definition under FLSA, nor does the U. S. Department of Labor.

Some employers wonder why there is no definition, but the explanation is fairly simple. Consider how varied employer locations can be. In a major city like Chicago, driving for an hour may be considered within the employer’s normal commuting area. In a smaller city like Manitowoc, Wisconsin, driving 20 minutes to Sheboygan could be considered outside the employer’s normal commuting area.

So, if the first job site is outside that employer’s normal commuting are, then the employee should be paid for that time. The employer is perfectly within its rights to pay only for the time that exceeds the worker’s normal commute, and pay for only that amount.

For example, Robert drives 20 minutes to work each day. On Friday, he’s scheduled to visit a client in another town, which takes her 45 minutes. His company is allowed to deduct her usual 20 minute commute from the 45 minute drive and pay only for the additional 25 minutes.

Pennsylvania employers need to take steps to eliminate workplace violence. Over Labor Day weekend 2007, a 40-year-old waitress was stabbed to death by her estranged husband. The incident occurred in a Denny’s restaurant in Orlando, Florida. Several families who had just left Disney World witnessed the attack. Several witnesses and co-workers chased the attacker. He escaped by leaping over a nearby fence, leaving behind his shoes and the bloody knife.

Another tragic incident of violence in the workplace occurred early one morning on the 400-acre main campus of Delaware State University. Two students were shot and murdered near Memorial Hall, the sports arena. The campus was immediately locked down. The 1,700 students were informed of the incident, mostly via their cell phones, and were confined to their dorm rooms.

Several law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, aided the Dover police, and a suspect was arrested in the shooting.

On April 16, 2007, another tragic shooting took place. On the campus of Virginia Tech. an assailant killed two people in their dorm room, and then later trapped  nearly 50 people in a campus building by chaining the doors shut. He opened fire with a semi-automatic weapon, killing 32 students and staff and wounding 17 others. His final act was to turn his Glock on himself.

These incidents raised the public’s awareness of violence in the workplace, but fortunately, the incidents are on the decline. According the U. S. Department of Labor, violence on the job has decreased in Pennsylvania and across the country.

The Bureau of Labor Statistics (BLS) confirms these finds in its annual report and states that the number of assaults and violent acts which resulted in death decreased from 792 in 2005 to 754 in 2006, a drop of 5% in just one year.

OSHA statistics report that 2007 experienced the lowest number of homicides in the workplace since the BLS began keeping records of these incidents. However, last year there was a slight increase in workplace homicides. According to the report, the rate has declined by 50% from 1994, the year with the highest rate of workplace homicides.

Paid travel time is a popular topic among Mississippi employees. For instance, if an employee drives from job site to job site everyday, is that travel time considered paid time?

The answer lies in the Fair Labor Standards Act of 1938 (FLSA). This federal law established minimum wage, regulates overtime pay rules, and defines paid travel time.

First, any travel time between job sites during the work day is definitely paid time. Employees must be paid for this time as it is a part of their work schedule. Travel time from home to the first job site, however, isn’t considered paid time.

This rule is based on the fact that employees already need to drive to the work place on a daily basis. This time is not considered paid time, unless traveling to the job site takes the worker beyond the employer’s “normal commuting area.” 

“Normal commuting area” is a vague term, with no standards under the U.S. Department of Labor (which enforces the law via the Wage and Hour Division), nor under FLSA. At first glance, the lack of a standard may sound unfair, but consider the differences in commuting times for large, spread-out cities and small towns.

Consider Brenda. She works in Chicago and drives 45 minutes to work each day. In such a large city, her drive is probably considered within her company’s normal commuting area. Chris in Manitowoc, Wisconsin, drives only 10 minutes to get to work. Being asked to drive the 20 minutes to Sheboygan for a job could be outside his employer’s normal commuting area. Therefore, he would be eligible for pay during his travel time.

Employees on special one-day assignments to another city are entitled to be paid for their travel time. Their company, however, can deduct the worker’s normal commute time from the additional time, and pay only the difference.

If, however, the employee’s travel requires him or her to stay overnight, different rules would apply.

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 it. In fact, companies are not legally required to provide any breaks at all. Employers are perfectly within their rights to ask employees to put in 12 hours without lunch or a break of any kind.

Most Pennsylvania companies, however, provide paid breaks for their employees. Normally, company policy allows workers a 30 minute lunch break and two 15 minute breaks during an 8 hour shift. Employees may smoke during these breaks if they wish, but the company doesn’t have to provide any additional breaks.

According to the Fair Labor Standards Act of 1938 employers must pay workers for breaks shorter than 20 minutes, and for any break where a worker could be called back to work. Employees who take five to ten minutes to smoke are really asking to be paid for time when they aren’t working. Companies could legally require smokers to take a 20 minute break and clock out for that time. They rarely do so, though, because they would also be obligated to provide these 20 minute breaks to non-smokers. Obviously, such a policy would decrease productivity.

With so many laws now prohibiting smoking indoors in the workplace, time spent on smoke breaks is becoming an issue. Union contracts often stipulate conditions for breaks, but in the absence of a contract, employers can limit or even prohibit smoke breaks.

In the majority of businesses, employees are asked limit both the number and the time spent on smoking. Normally, the time limits are 5 to 10 minutes and no more than 3 to 5 breaks per day. If a smoker follows these tenets, he or she is still spending from 15 to 50 more minutes away from the job than Pennsylvania non-smokers are.

Many employees have questions about a potential Wisconsin Swine Flu outbreak. An influenza pandemic (a global epidemic) hasn’t occurred for over a century. In 1918, the Spanish Flu afflicted 50% of the world’s population, killing around 50 million people more than all the lives lost in World War I.

Now, health officials are concerned that the current outbreak of Wisconsin Swine Flu could reach pandemic proportions. That is a worst-possible-case scenario, but it is a possibility. In April of 2009, the CDC (Center for Disease Control) issued an alert on Swine Flu, the 2009 H1N1 Influenza virus. The outbreak is taking its greatest toll in Mexico, but has the potential to spread. This flu is a combination of seasonal flu, swine flu and avian flu, the types most likely to create a pandemic.

As a result, Department of Homeland Security Secretary Janet Napolitano has declared a public health emergency in the U.S.

For years, OSHA (Occupational Safety and Health Administration) has recommended that employers implement plans to deal with a major influenza epidemic just as they would any emergency. To assist in this matter, OSHA provides two publications: OSHA guidance on Swine Flu Preparedness and Preparing Workplaces for an Influenza Pandemic.

An influenza outbreak or epidemic can be a global problem (pandemic) when the flu virus mutates and produces a new strain. The current flu shots would be ineffective against the new strain, and the mutated disease would spread rapidly from human to human around the world. That’s exactly what has happened with the Spanish Flu in 1918.

Normally, seasonal outbreaks of flu are fatal only to small children, elderly persons and people with major health problems. In 1918, the Spanish Flu also killed healthy people in their teens, twenties and thirties.

Health officials can create a vaccine for Swine Flu, but the process can take as long as 6 months. Employers should put plans into place to minimize contact among its employees. For example, employees can work from home, and business meetings can be handled with conference calls instead of in person. Retail businesses can reduce contact with the public by using delivery and drive-in windows in the case of a Wisconsin Swine Flu outbreak.

Every employer in Utah should have a swine flu plan in place.

During a pandemic (a global epidemic) the majority of businesses could suffer staffing shortages because employees are out sick. If schools close, up to an additional 25% of employees could be away from work, because they have no one to watch their children.

Public gathering places, such as theaters, malls and restaurants would most likely be deserted. People would avoid crowded places in hopes of avoiding being infected with the disease. In some cases, such as in Mexico recently, the government could order these establishments to close. The president in Mexico mandated that restaurants close or offer only take-out service.

Other Utah businesses, such as grocery stores, pharmacies and hospitals would most like be overwhelmed by the surge of customers and patients.

For these reasons, OSHA wants employers in Utah and in the rest of the United States to implement a plan for a global influenza epidemic now, just as they have in the past for other types of emergencies.

For 5 years, OSHA has been recommending that Utah employers take this step. Many companies did not pay attention until the recent outbreak of Influenza 2009 H1N1 Flu, or the Swine Flu.

A common sense step in helping to manage a pandemic is to demand sick workers stay at home. Employees not affected should keep a distance of at least 6 feet from other coworkers. Affected workers can wear masks to keep from spreading the disease. The traditional surgical masks break up droplets of moisture the worker exhales, thereby limiting the spread of germs.

Unfortunately, traditional surgical masks do not prevent the wearer from catching the disease. For that, employees should wear an NIOSH-approved N95 Respirator. This mask seals to the face and prevents the majority of germs, including the influenza virus from getting in.

To assist employers with their emergency influenza plans OSHA released a 47-page guide, Preparing Workplaces for an Influenza Pandemic. This guide suggests measures to span the spectrum: from having sufficient tissues, hand sanitizer, toilet paper and drinking water on hand to providing masks for workers.

North Carolina does not have a law on the books to address light duty restrictions in the workplace. There is no federal law on this subject, either. Employers are permitted to establish their own policies for light duty.

The U. S. Department of Labor has formulated some guidelines, though.

These regulations apply to all North Carolina employees, except those  permanently disabled. Under the ADA (Americans with Disabilities Act), employers must make reasonable accommodations for disabled employees. A reasonable request might be adding a volume control device on a telephone for a hearing impaired worker. Hiring a full-time sign language interpreter would be unreasonable, in most cases.

Workers on light duty restriction are usually treated according to company policy and tradition. This is an important point. Employers must apply the policies fairly, and according to how similar situations were handled in the past.

Some North Carolina workers think that light duty restriction means getting paid for doing nothing. This is not the case. The employer is under no obligation to create a light duty position if there isn’t enough work of that type available. An employee on light duty restriction could therefore be required to stay at home until the restriction is lifted.

Some North Carolina companies completely ban employees on light duty restriction from working. These companies fear that allowing an injured or restricted employee to continue to work may worsen the injury. An employee in these companies would not be able to work until he or she could return to their normal duties.

Companies in North Carolina often have light duty positions available, but only on a limited basis. For example, a warehouse worker and a dock worker who sort heavy equipment are put on light duty restriction. The employer has only one appropriate light duty position available. One employee will do that work and the other will be required to stay away from the company until the restriction is lifted.

Not every worker can do every light duty position. To be assigned to such a position, the employee must be qualified to perform that light duty job.

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 (Swine Flu), few companies paid much attention.

The threat of a pandemic to  businesses is very high, higher perhaps than most Iowa companies and employers realize. First, the company would suffer shortages due to the absence of ill workers. Second, if schools close, additional workers may be absent because of a lack of daycare for their children.

Businesses where people gather, such as theaters, malls and restaurants could become virtual ghost towns as citizens attempt to avoid catching the disease. Some establishments could even be closed by the government. In Mexico recently, restaurants were ordered to close or only serve take-out meals.

While some Iowa companies would lose customers, others could be overwhelmed. Consider that pharmacies, grocery stores, doctor’s offices, clinics and hospitals would experience a dramatic upsurge in business during a pandemic.

For these reasons, Iowa employers should establish policies and procedures before they are needed. OSHA’s Preparing Workplaces for an Influenza Pandemic is an excellent guide for businesses to make preparations. The booklet lists measures from having sufficient tissues, hand sanitizer, toilet paper and drinking water on hand to providing masks for workers.

A major step in managing an influenza pandemic is to encourage all sick workers to stay home. Employees not ill should avoid close contact with others, keeping a distance of at least 6 feet from coworkers. Traditional surgical masks are an excellent way to prevent the wearer from spreading the flu, but are not good to keep the wearer from catching the disease.

The greatest protection comes from the NIOSH approved N95 Respirator, which seals to the face to keep out most germs – including viruses like influenza. Wearing this mask is the best method to prevent a worker from catching the Swine flu. Following OSHA’s guidelines isn’t mandated by law, but is strongly recommended.

Every time an employee steps away from his or her work station to take a smoking break, the employer is paying for unproductive time.

There is no state or federal smoking break law. Employers are not obligated to give workers time away from their workstation, to smoke.

Many companies provide their workers with one 30 minute lunch break and two fifteen minute coffee breaks per 8 hour shift. The employees may smoke during these breaks if they wish, but the employer is not required to provide additional smoking breaks.

The truth is the employer is not required to provide any smoking breaks, ever. There is no federal law or state law which mandates a company to provide workers with smoking breaks.

A handful of states have rest break laws that apply to all employees. However, these laws do not provide additional breaks for smokers.

In most state, employers don’t have to provide breaks, period. Any company can require any worker over the age of 18 to work 12 hours or more without a break. It is within the company’s legal rights to do so, because there are no laws, federal or Federal which obligate companies to provide breaks for their employees.

Smoking breaks are becoming more and more of an issue. Many laws prohibit smoking indoors in a work environment, so smoking employees must step away from their workstation and out of the building to smoke.

According to the Fair Labor Standards Act of 1938, employers must pay for any break shorter than 20 minutes, and for any break where an employee can be called back to work. So, in theory, if an employee wanted to take an additional smoking break, the employer could require that worker to take at least 20 minutes and clock out during that time. Few companies follow this procedure. If they did, they would also have to provide additional breaks to non-smokers, which would mean more people would be away from work more often.

Instead, companies usually request that smokers follow a set of guidelines. First, limit the number of smoking breaks to 3 to 5 per 8 hour shift. Second, the worker is asked not to spend more than ten minutes on each break. Since the company is under no obligation to provide any smoking breaks at all, employees would be wise to conform to their employer’s guidelines.

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 33% of the population of Europe at the time. The disease also took the lives of more people than were killed during World War I.

A major worldwide influenza epidemic (or pandemic) hasn’t struck since that outbreak of Spanish Flu. That could change. The CDC issued an alert on Swine Flu, the 2009 H1N1 Influenza virus, in April, 2009. This flu is a combination of the seasonal flu, swine flu and avian or bird flu, exactly the type of flu that is most likely to cause a pandemic.

The most recent outbreak of Swine Flu was centered mostly in Mexico, but health officials around the world are concerned. Secretary Janet Napolitano of the Department of Homeland Security has declared a public health emergency in the U.S.

A pandemic can occur when an influenza virus mutates, forming a new strain. This new strain would be unaffected by the current flu vaccinations. Medical professionals would have to create a new flu shot (vaccine), a process which takes 4 to 6 months. During this time, the disease could rapidly spread from human to human. This scenario is exactly what concerns health officials about swine flu.

The Occupational Safety and Health Administration (OSHA) urges every employer develop an influenza pandemic plan and to implement these plans before now. Indiana employers can get a free guide to assist them: OSHA guidance on Swine Flu Preparedness.

The important part of any type of procedure to handle a major influenza epidemic in the workplace is to limit contact among employees, and with the public. Retail businesses can utilize their drive-through windows and delivery services to minimize. Employers can allow employees to work from home, and to insist on conference calls instead of face-to-face meetings.

Every employer, in Indiana and across the nation should study OSHA’s guide, Preparing Workplaces for an Influenza Pandemic.

In 2008, the U.S. House of Representatives passed a bill (ENDA) which would outlaw discrimination based on sexual orientation. The Senate, however, failed to pass the law in that legislative session.

In order for discrimination based on sexual orientation to become illegal in the U.S., ENDA or a similar bill would have to be introduced.

Currently, though, there is no federal law that prohibits sexual orientation discrimination. Several states and municipalities have established laws at the state and local level which outlaw this type of discrimination. New Jersey has LAD (Law Against Discrimination) which outlaws discrimination based on sexual orientation in both employment and in housing practices.

There is no Texas, law, however, which outlaws discrimination based on sexual orientation.

Several federal laws are on the books to prevent discrimination. The Americans with Disabilities Act of 1990 prohibits discrimination against persons with disabilities. The Age Discrimination in Employment Act of 1967 outlaws discrimination based on age for persons over the age of 40. The landmark discrimination law is The Civil Rights Act of 1964, specifically Title VII. This law prohibits discrimination based on race, color, gender, religion and country of origin.

All of these laws are enforced by the EEOC (Equal Employment Opportunity Commission.)

Although there are no federal or Texas state laws prohibiting sexual orientation discrimination, certain types of employees are protected. The Civil Service Reform Act of 1978 protects civilian employees of the federal government from discrimination based on race, gender, age, marital status, religion, color, political affiliation and disability. Included in this Act is a clause regarding conduct. Under this clause, an employee cannot be discriminated against for conduct which does not adversely affect job performance. The Office of Personnel Management (OPM) has interpreted this “conduct” to include sexual orientation.

Employees of companies and non-profit agencies that hold contracts with the federal government may also be protected from sexual orientation discrimination. On May 24, 1998, Executive Order 13087 was signed into law. This Order continues an affirmative action campaign to counteract all types of discrimination.

Employers are not obligated by any state or federal law to create a light duty position for an employee if an appropriate position is not available. There is no federal law regarding light duty, nor is there a state law on this subject.

There are regulations for light duty. The courts have reviewed several cases involving light duty, so the U. S. Department of Labor formulated some guidelines.

In the absence of a state or federal law, each company may establish its own policies regarding light duty. These policies must be fair, and applied the same way to employees in similar situations.

Though some employees think light duty means getting paid for not doing any work, they are mistaken. Not only is the employer not obligated to create a light duty position for the workers, not every job adapts well to “light duty”. For example, a warehouse worker who handles and sorts 50 pound packages may not be able to perform any of his or her duties while on light duty restriction.

That means that the worker would need to placed in another position, one that conforms to his or her light duty restrictions. If the employer has such a position, then the worker is usually allowed to do that work. If the employer does not have a light duty position available, the worker will have to stay home until the restriction is lifted.

Some employers may have light duty positions, but only on a limited basis. For instance the employer of the warehouse worker has 3 light positions available, but there are 5 workers on light duty restriction. Two of those workers would not be allowed to return to work.

There are employers who do not allow employees on light duty restriction to work at all. These companies often fear that allowing an employee to continue to work could risk further injury. As long as the employer applies these policies fairly to all employees on light duty restriction, the company is completely within its rights to enforce the policies.

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 masks for workers.

OSHA recommends that every employer in Mississippi and throughout the country put an emergency plan into place to handle a global influenza epidemic. They have been recommending this action for over 5 years, but businesses haven’t been paying attention. Since the outbreak of Influenza 2009 H1N1 Flu (Swine Flu), companies are starting to realize the importance of such a plan.

When a pandemic (global epidemic) occurs, businesses suffer personnel shortages dues to employees getting sick. If schools are closed, the personnel shortages can rise to as high as 25% due to employees who lack daycare. Public gathering places, including movie theaters and restaurants can be come ghost towns, because people stay away from crowded places.

Other Mississippi businesses, particularly those related with health, like pharmacies and hospitals, will experience a surge in demand. Doctor’s offices and clinics may be overwhelmed by the increase number of patients. These essential businesses should have protocols in place to enable them to continue operation. Pharmacies with drive-in windows could consider excluding customers from coming in the store by providing service only via the drive-in window.

Mississippi employees who are sick should stay at home to help prevent the spread of the disease through the workplace. Employees on the job should keep at least 6 feet between themselves and coworkers, and the public. Traditional surgical masks can help prevent someone from spreading the flu, because it breaks up the droplets, and limits the spread of germs.

To prevent someone wearing a mask from becoming infected, though, a traditional surgical mask is not enough. Instead, Mississippi employees should wear an NIOSH-approved N95 Respirator, which seals to the face, preventing the majority of germs from getting in. The N95 is the type of mask most likely to prevent someone from catching the Swine flu.

Maine employers are not required to provide smoking breaks for their employees. There is no state law mandating these breaks, nor is there a federal law. In fact, employers are not required by law to provide any breaks at all. Any worker over the age of 18 can be forced to work 12 hours or longer without one break.

As a result, employers question what their obligation is to provide smoking breaks for employees.

The answer is they have no obligation. Maine law doesn’t mandate smoking breaks, nor does any federal law. Most companies provide a 30-minute lunch break and two fifteen minute coffee breaks per each 8 hour shift for their workers. An employee may choose to smoke during these breaks, but he or she is not entitled to any additional time to smoke.

With so many laws prohibiting smoking indoors in a workplace, smoking breaks are becoming a serious issue. Any time an employee spends smoking (other than the breaks provided), he or she is asking to be paid for not doing any work. Under the Fair Labor Standards Act of 1938, the employer must pay for any break shorter than 20 minutes, and for any break where the employee could be called back to work. So, the employer could rightfully require the worker to take 20 minutes or longer and clock out during the break.

Not many Maine companies enact this policy, though. If they did, they would also have to provide the additional 20 minute breaks to non-smokers. Employees would spend even more time away from the workstation and productivity would most certainly decline.

Instead, employers often enact a set of guidelines for smoking breaks. They ask workers to limit the number of smoking breaks to 3 to 5 per 8 hour shift, and to spend no more than 5 to 10 minutes on each break. Even with these limits, the company is losing from 15 to 50 minutes from productive work time from smoking employees every day.

For the past few years, OSHA has recommended that Louisiana employers have plans in place to handle a major influenza epidemic just as they would any emergency. To assist employers, OSHA has released OSHA guidance on Swine Flu Preparedness and Preparing Workplaces for an Influenza Pandemic. Louisiana employers are urged to read and follow these guidelines now, before they are needed.

OSHA’s increased warnings concern the current outbreak of the flu. In April of 2009, the CDC issued an alert on Swine Flu, the 2009 H1N1 Influenza virus. This flu is a combination of the swine flu, avian or bird flu and seasonal flu, types to easily cause a pandemic (global epidemic.)

To become a pandemic, the flu virus mutates to a new strain. This new flu strain is unaffected by the flu shots currently available and spreads quickly from human to human. This situation with swine flu is what concerns health officials. As a result, Department of Homeland Security Secretary Janet Napolitano declared a public health emergency in the U.S.

The last pandemic occurred over a century ago in 1918. Then the Spanish Flu afflicted over 50% of the world’s population, killing over 50 million people–more than the people killed in World War I. Unlike the usual seasonal flu, which can be fatal to persons with major health problems, to the elderly and for small children, the Spanish Flu didn’t discriminate. This disease killed otherwise healthy people in their teens, twenties and thirties, too. There wasn’t a town or city that wasn’t affected by this pandemic.

Medicine has changed and improved in the last 100 years, and greater protection is available in the form of vaccines. A vaccine, however, can take 4 to 6 months to create.

That is why OSHA urges Louisiana employers to have a plan in place before a pandemic occurs. The basic procedures should focus on minimizing contact among employees and between employees and the public. Conference calls can take place of face-to-face meetings. Employees can work from home, and retail businesses can utilize drive-through windows and delivery to minimize contact.

 Many states have established laws against sexual orientation discrimination. Some states apply the laws to housing, some to employment and others to both. New Jersey is an example of a state with a sexual orientation discrimination law that applies to both employment and housing. The LAD (Law Against Discrimination) prohibits discrimination against sexual orientation and transgendered individuals in employment and housing.

There is no federal law outlawing it. Nor is there an Alabama state law regarding sexual orientation.

There are many federal laws that prohibit discrimination. For example, Title VII of the Civil Rights Act of 1964 outlaws discrimination in the workplace due to color, race, sex, national origin and religion. The ADA (Americans with Disabilities Act of 1990) protects employees with disabilities from discrimination. The ADEA (Age Discrimination in Employment Act of 1967) makes discrimination against employees over the age of 40 illegal. These and other federal laws are enforced by the EEOC (Equal Employment Opportunity Commission.)

A bill regarding sexual orientation discrimination is currently being considered by the U. S. Congress. A bill, ENDA, outlawing this type of discrimination was passed by the U. S. House of Representatives in 2008. However, the bill failed to pass the Senate, and would have to be reintroduced to become a law.

The Civil Service Reform Act of 1978 protects civilian employees of the federal government from discrimination based on sex, color, age, national origin, religion, political affiliation and marital status. Within in this Act is a conduct clause. This clause outlaws discrimination based on conduct which has no adverse effect on the employee’s job performance. According to the Office of Personnel Management (OPM), this “conduct” also applies to sexual orientation. This Act, however, applies only to civilian employees working for the federal government.

Non-profit agencies and businesses that have contracts with the federal government may also be required to outlaw discrimination based on sexual orientation. The relevant law is Executive Order 13087, signed on May 28, 1998, which continued an affirmative action campaign to counteract all types of discrimination.

There are several false assumptions regarding light duty restrictions. First, the employer is not required to create a light duty position if one is not already available. Two, there is no Arizona or federal law addressing light duty. Each company is within its rights to establish its own light duty policies.

Several light duty restriction cases have gone to court in Arizona and elsewhere. As a result, the U. S Department of Labor established some regulations.

First, every employee on light duty in Arizona must be treated fairly, particularly those in the same job positions. Under Title VII of the Civil Rights Act of 1964, employers may not discriminate against employees based on color, race, gender, religion or national origin. That applies to light duty restrictions as well as other aspects of employment.

In addition, the company must act consistently with how it has treated light duty restriction in the past.

Some jobs easily lend themselves to light duty restriction, others do not. A stockroom worker who carries heavy boxes or equipment would most likely be restricted from those activities while on light duty restriction. The company would need to place that worker in a position that conforms to the light duty restrictions.

If a 40 hour per week light duty position is available, the employee, if qualified, would be placed in that job. If the employer has no appropriate position for light duty, the worker would be banned from work until the restriction was lifted. Other jobs, such as receptionist or administrative assistant where the job is performed sitting at a desk would probably conform to light duty restriction.

Disabled workers are the exception to the rule. The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for persons with either a temporary or a permanent disability. A reasonable accommodation could be a worker requesting to sit on a stool instead of standing during his or her shift. Asking for additional personnel to help him or her complete the job would not be considered reasonable.

OSHA has been recommending that Montana employers develop and implement a plan to handle a global influenza epidemic for the last several years. Few companies acted on OSHA’s warnings until the recent outbreak of Swine Flu (Influenza 2009 H1N1 Flu.)

To assist Montana employers and employers throughout the country, OSHA published a 47-page guide Preparing Workplaces for an Influenza Pandemic. This booklet covers health measures from having sufficient tissues, hand sanitizer, toilet paper and drinking water on hand to providing masks for workers.

Several things occur during a pandemic (a global epidemic) which can have a negative affect on businesses. First, employers will suffer staffing shortages due to workers who are ill. Second, if the schools close, the staffing shortages may increase to as high as 25% due to workers staying home due to lack of daycare.

Third, public gathering places like restaurants, theaters and malls will lose customers and personnel as people stay away from them to avoid catching the disease. Such gathering places could even be forced to close by the government. Recently, the president of Mexico ordered restaurants to close or only serve take-out meals.

Not all Montana businesses will lose personnel or customers. Hospitals, pharmacies, doctor’s offices and grocery stores are likely to see a surge in patients and customers. OSHA urges employers to put an emergency plan into place now, before they need it.

For example, sick Montana employees should be encouraged to stay home to prevent infecting coworkers. At work, employees should keep a distance of at least 6 feet between them, and from the public.

Montana workers can wear traditional surgical masks to keep from spreading the flu. These masks break up droplets of moisture that the wearer exhales, which limits the spread of the virus. These masks do not, however, protect the wearer from catching the disease. A NIOSH-approved N95 Respirator, which seals to the face to keep most germs, including viruses like influenza is more likely to prevent a worker from catching the Swine Flu.

Most Nebraska companies provide employees with one 30-minute lunch break and two fifteen minutes coffee breaks per 8-hour shift. According to the Fair Labor Standards Act of 1938, employers must pay workers for any breaks shorter than 20 minutes, so the two fifteen minute breaks would be paid breaks. In addition, employers must pay for breaks where an employee may be called back to work.

Nebraska employers, however, are not legally required to provide breaks. Companies are perfectly within their rights to require employees to put in 12 hours or more without any break at all. There is no Nebraska State or federal law that obligates a business to provide breaks for their workers.

When Nebraska employees learn of these rights, they often wonder what laws regulate smoking breaks. There are none. No laws at the state or federal level require businesses to provide workers with a smoking break, ever.

Some states, including California, mandate rest breaks and meal breaks. Union contracts, too, often set standards and limits for employee breaks. Outside of these circumstances, the employer is not obligated to provide paid breaks.

Over the past few years, smoking breaks have become a significant issue in Nebraska. Many laws now prohibit smoking indoors at the workplace, so employees must step away from their workstation and out of the building to smoke. If the worker smokes only during the lunch and coffee breaks, then he or she is not taking additional time away from work. Smoking breaks taken at other times, though, can be disruptive.

The employer could require the smoker to clock out and take at least 20 minutes on these additional smoke breaks, but few do. Fairness would dictate that the employer offer these same amount of breaks for non-smokers, too, which would negatively impact productivity.

Most companies choose instead to establish a set of limits for smoking breaks. Employees are asked to limit breaks to 5 to 10 minutes, and take only 3 to 5 breaks per 8 hour shift. Sometimes these policies are put in writing, other times they are not.

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 those with major health problems. Recently, however, a new flu popped up, and is causing concern for health officials in the U. S. and all over the world.

In April, 2009, the CDC issued an alert on Swine Flu, the 2009 H1N1 Influenza virus. The current outbreak is centered mostly in Mexico, but this type of flu could easily become an epidemic of global proportions (a pandemic). The concern comes from the types of flu involved in the outbreak. Swine flu is comprised of seasonal flu, swine flu and avian (bird) flu, types very likely to create a pandemic.

A pandemic occurs when the flu virus mutates and produces a new strain. This new strain is impervious to current flu shots and spreads quickly among the population. This is the situation with the swine flu.

As a result, Department of Homeland Security Secretary Janet Napolitano has declared a public health emergency in the U.S.

The last influenza pandemic to strike the world was the Spanish Flu in 1918. The disease touched every city and town, afflicting 50% of the world’s population and killing over 50 million people.

The Occupational Safety and Health Administration (OSHA) is urging all employers to establish a plan to handle a major influenza epidemic, just as they would for any emergency. The plan should include procedures to minimize contact between employees, and with the public.

For example, companies can allow employees to work from home. Employers can also insist on conference calls instead of face-to-face meetings. Businesses with a lot of contact with the public could implement delivery services, and utilize drive-up windows to minimize that contact.

To assist companies in establishing a plan for a swine flu pandemic, OSHA has released two publications: OSHA guidance on Swine Flu Preparedness and Preparing Workplaces for an Influenza Pandemic. These are available to Michigan employees at no charge.

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 disabilities and persons over the age of 40.

These and other federal laws protect employees in many aspects of employment, including hiring, termination, advancement, training opportunities, benefits and discipline.

There is currently no federal law, however, which outlaws discrimination based on sexual orientation. Some states and municipalities have enacted laws at the state and local level which outlaw this type of discrimination, but Nebraska is not among them.

New Jersey’s LAD (Law Against Discrimination) is an example of a state law that not only outlaws sexual orientation discrimination in the workplace, but also in housing. Other states and municipalities have similar laws prohibiting discrimination in employment or housing or both.

Certain types of employees are protected from this type of discrimination. For example, civilian employees of the federal government are protected under the Civil Service Reform Act of 1978. Under this Act, employees cannot be discriminated against due to race, color, sex, age, national origin, disability, marital status or political affiliation. Included in this Act is a clause prohibiting discrimination because of conduct which has no effect on job performance. The Office of Personnel Management (OPM) has interpreted this “conduct” clause include sexual orientation.

In addition to civilian employees of the federal government, workers in non-profit agencies and businesses may be protected if they have a federal contract. Executive Order 13087 of May 28, 1998, is the relevant law and was signed into effect to continue an affirmative action campaign to counteract all types of discrimination.

Currently, there is a bill (ENDA) under consideration by the U.S. Congress to outlaw sexual orientation discrimination. The U. S. House of Representatives passed ENDA in 2008. This bill must now pass the U.S. Senate and then be sent to the president for his approval.

Several Idaho employees have asked which laws govern light duty restriction.

There no law governing light duty restriction, not at the Idaho state level nor at  the federal level. Several cases on this topic have gone to court, though, so regulations for light duty work were created by the U. S. Department of Labor.

Most importantly, the Idaho company must handle all light duty requests equally, particularly for workers in the same job position. Each company has the right to establish its own policy regarding light duty, but these policies must be applied fairly and conform to the way similar situations were handled in the past.

Workers are often surprised to learn that their Idaho employer is under no obligation to create a 40 hour per week light duty position for them. If a worker is on light duty restriction, and the company doesn’t have 40 hours per week of light duty, the worker may be required to stay home until the restriction is lifted.

Some jobs easily conform to light duty restrictions. For example, a receptionist who spends the shift working at a desk would probably conform to light duty restriction. A dock worker who spends the shift sorting heavy equipment would probably not conform to light duty restriction.

In the majority of these situations, if a company has 40 hours per week of light duty work the employee will be allowed to do that job. If the company does not have 40 hours of light duty work, the employee will be required to stay home until the restriction is lifted.

The exception to this rule is the worker with a temporary or permanent disability. Under the ADA (Americans with Disabilities Act), employers are required to make reasonable accommodations for disabled workers. Usually a doctor’s statement is required along with a request for the necessary adjustment.

For example, a worker who can no longer stand for long hours may be allowed to sit on a stool instead. That would be considered a reasonable accommodation. Asking the employer to create a new position, however, would be an unreasonable request for light duty in Idaho.

OSHA (Occupational Safety and Health Administration) has been recommending for at least the last 5 years that employers put an emergency influenza plan into effect. OSHA suggests every employer in Nevada and in the country put a plan in place now, before they need it.

Most Nevada businesses turned a deaf ear to OSHA’s recommendations, until the recent outbreak of Influenza H1N1 Flu outbreak, otherwise known as Swine Flu.

OSHA’s suggestions and warnings are advisory in nature, not regulation, but Nevada companies would be wise to pay attention. A pandemic (a global epidemic) of influenza could negatively affect many businesses.

The obvious consequence to Nevada employers is the absence of ill workers, but that’s just the tip of the iceberg. If schools closed to prevent spread of the disease, many employees, up to 25%, could be absent due to lack of daycare. In addition, several public companies and businesses could become ghost towns. Theaters, restaurants, malls and other places where people gather would be avoided as an attempt to prevent catching the disease.

These public establishments could also be forced to close by the government. Recently in Mexico, the president ordered restaurants to close, or to serve only take-out meals.

While these public gathering places would lose customers, others would gain. Doctor’s offices, clinic, hospitals, pharmacies and grocery stores could be completely overwhelmed.

To establish an emergency influenza plan, Nevada employers can turn to OSHA’s 47-page guide Preparing Workplaces for an Influenza Pandemic. This guide describes a wide range of measures from having sufficient tissues, hand sanitizer, toilet paper and drinking water on hand to providing masks for workers.

Though traditional surgical masks help the affected prevent spreading the disease, they do not prevent someone from catching it. The recommended mask to prevent Nevada workers from catching Swine Flu is an NIOSH-approved N95 Respirator, which seals to the face to keep out most germs, including viruses like influenza.

According to the federal Fair Labor Standards Act of 1938, employers in New Hampshire and nationwide must pay workers for any breaks shorter than 20 minutes. Employees must also be paid for any break where they might be called back to work. So, when an employee takes a five or ten minute break to smoke, they are being paid for not working. As a result, some employers are wondering what their legal obligations are regarding smoking breaks.

The truth is often a surprise.

New Hampshire companies are not legally mandated to provide employees with any smoking breaks at all. Not one federal or New Hampshire state law requires a business to provide even one smoking break, ever.

In fact, there is no federal or New Hampshire law that obligates companies to provide any breaks, smoking or otherwise. Employers have the right to require all employees over the age of 18 to 12 hours or even longer without a break of any type.

Union contracts will often set rules for breaks, and some states require rest breaks and meal breaks. These policies, though, are formed by the individual company or union and do not apply to all employers.

Though they aren’t legally required to, most New Hampshire companies provide paid breaks for their workers. Standard break policy allows one 30-minute lunch break and two 15-minute coffee breaks during an 8 hour shift. Employees are certainly free to smoke on these breaks, but the employer does not have to provide smoke breaks outside of these times.

The company could even require the smoker to take an unpaid break of 20 minutes or more and clock out during that time. Few businesses establish this rule, because they would have to offer the same number of breaks to non-smokers, too. As a result a significant number of employees would be away from their workstations for a significant amount of time. Productivity would decrease dramatically.

Instead, employers set reasonable limits. They ask workers to spend only 5 or 10 minutes on each break and take only 3 to 5 breaks per 8 hour shift.

Texas employees and employers need to take precautions regarding Swine Flu.

In April, 2009, the CDC issued an alert on Swine Flu, the 2009 H1N1 Influenza virus. The current outbreak is centered mostly in Mexico, but this type of flu could easily become an epidemic of global proportions (a pandemic). The concern comes from the types of flu involved in the outbreak. Swine flu is comprised of seasonal flu, swine flu and avian (bird) flu, types very likely to create a pandemic.

Influenza becomes a pandemic when the flu virus mutates, forming a new strain. This new strain is virtually impermeable to the current flu vaccinations. A vaccine would need to be created, a process that takes 4 to 6 months. During this time, the disease can rapidly spread from human to human. This scenario is exactly what concerns health officials about swine flu.

As a result, Secretary Janet Napolitano of the Department of Homeland Security has declared a public health emergency in the U.S.

The Occupational Safety and Health Administration (OSHA) urges every employer develop an influenza pandemic plan and to implement these plans before they are needed. OSHA provides several publications on the subject, specifically OSHA guidance on Swine Flu Preparedness and Preparing Workplaces for an Influenza Pandemic.

These plans should include procedures to minimize contact among employees. For example, companies can allow employees to work from home, and to have meetings by conference call instead of face-to-face. Businesses that deal with the public could minimize contact by using delivery and drive-in windows to serve customers.

The last time the world experienced an influenza pandemic was over a century ago in 1918, when the Spanish Flu afflicted over 50% of the world’s population. Every town and city was affected and over 50 million people died, more than the lives lost in World War I.

Unlike the usual seasonal outbreaks of flu which are usually fatal only to the elderly, small children and people with major health problems, the Spanish Flu killed all ages. Many of the persons who died were in their teens, twenties and thirties.