Up until a recent ruling by the 2nd Circuit Court of Appeals, for a hostile work environment to exist, a New Hampshire employee had to be the specific target of abusive behavior due to religion, race, sex, or any of the groups protected under federal law. A supervisor or ... continue reading
There are several occupations in the United States that are classified as salaried exempt, meaning they are not entitled to overtime pay. Recently, the guidelines for two of these occupations, outside salespeople and exempt administrators, have come under scrutiny by the U.S. Department of Labor or DOL.
Several states, including Rhode Island, Vermont, California, Illinois and Colorado, have enacted laws at the state level regarding leave for school events. Employers in these states are required to give employees unpaid time of to attend events such as parent-teacher conferences and classroom events.
Court rulings involving FLSA (Fair Labor Standards Act) have found that undocumented workers are entitled to back wages for overtime, despite the fact they are not legally permitted to work in the U.S.
In many cases, undocumented workers are also entitled to workers’ compensation though they never ... continue reading
Florida employers may need to take a closer look at the duties of an exempt administrator to ensure the employee meets the guidelines for exempt status. Employees in Florida should be aware, too, of exact definition and duties of a salaried position that is classified as exempt.
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
The OFCCP (Office of Federal Contract Compliance Programs) argued in a recent court case that after it found a pattern of adverse impact in the hiring of women during a compliance review that it could legally demand more information. The agency added that it had the duty to investigate ... continue reading
The Fair Labor Standards Act (FLSA) sets guidelines for minimum wage and for overtime pay nationwide, including employers in Wisconsin. Under this federal law, managers are required to pay employees overtime when they work more than 40 hours in one payroll week. The law also requires employers to pay ... continue reading
Employers in Oklahoma and across the country cannot change a woman’s job duties simply because she is pregnant, even if the job is physically demanding. To do so would be illegal discrimination. A recent court case illustrates this point.
Each state has its own separate child labor laws, many of them more stringent than the federal laws. Employers need to understand both state and federal laws and which of those apply to their minor workers.
For federal child labor laws, employers in Hawaii now have a ... continue reading
With the recent passage of the PPACA (Patient Protection and Affordable Care Act), employers are now required to provide breastfeeding mothers unpaid time and a private location to express breast milk.
This law is especially significant for West Virginia employers, since West Virginia is the only state ... continue reading
A statement made by an attorney for the SHRM (Society for Human Resource Management) highlights an issue regarding the convenience of technology. The statement made was “An hourly employee with a handheld device such as a Blackberry or cell phone, supplied by the company, is a lawsuit waiting to ... continue reading
A Connecticut employer, or an employer anywhere else in the U.S., may not legally change a woman’s job position or duties simply because she is pregnant. Current medical opinion states that a pregnant employee can do the same things she did prior to the pregnancy for at least the ... continue reading
As of July 19, 2010, young people in Colorado and across the nation have new regulations and restrictions on what jobs they make work. On that date, the child labor provisions of the FLSA went into effect and with it the most recent changes to those laws.
The new Health Care Reform Bill amended the FLSA (Fair Labor Standards Act). This new federal law, commonly referred to as the Patient Protection and Affordable Care Act (PPACA), requires companies across the U. S. to provide non-exempt and hourly employees who are breastfeeding a time and place to ... continue reading
Voting laws requiring employers to provide some type of time off for workers to vote have been established in the majority of the states in the U.S. In all 50 states, however, employers are prohibited by law from attempting to influence a worker’s vote, or to threaten discipline or ... continue reading
New Mexico employers should pay close attention to the results of a recent court case against Walt Disney World. The judgment required the entertainment company to pay over $400,000 in back pay to 69 Florida employees.
The payment was for time worked off the clock–before or after ... continue reading
The 6 th Circuit Court of Appeals recently found an employer of illegal discrimination based on pregnancy. Pregnancy is not a disability under the EEOC, and should not be treated as one. Employers in Georgia or any other state cannot change a worker’s job duties simply because she is ... continue reading
New regulations have recently been enacted regarding workers under the age of 18. These new federal laws amend the child labor provisions of the Fair Labor Standards Act (FLSA), and went into effect on July 19, 2010.
In conjunction with the new regulations, the U.S. Department of ... continue reading
Non-exempt and hourly employees, under the new Health Care Reform Bill, are required to be given reasonable unpaid time to express breast milk. The bill, also known as the Patient Protection and Affordable Care Act (PPACA), specifically states that the duration and frequency of these breaks will vary from ... continue reading
Employers are required to give employees time off to vote in Arkansas. Like Arkansas, Iowa is one of thirty-two U.S. states, including Alabama, Arizona, Massachusetts, Nevada, North Dakota, Ohio, Wisconsin and Wyoming, that has enacted laws requiring employers to give workers time off to vote. In addition, Iowa is ... continue reading
Employers in South Carolina and throughout the country are required to keep accurate records of all hours that employees work, whether on or off the premises. The relevant law is the Fair Labor Standards Act of 1938 (FLSA) which mandates that employees be paid for all hours worked. In ... continue reading
The EEOC (Equal Employment Opportunity Commission) does not define pregnancy as a disability. Massachusetts employers are not required under EEOC to provide accommodations for pregnant employees, nor are they allowed to force accommodations upon these employees.
Massachusetts employers and employer throughout the U.S. need to be aware ... continue reading
The new Patient Protection and Affordable Care Act (PPACA), a part of the Health Care Reform Bill, mandates that employers nationwide provide unpaid time for a breastfeeding employee to express breast milk, and a private location to do so.
The majority of the states in the country have established some type of voting laws which allow employees time off to vote. Some pay the employees for the time; others provide unpaid time off to vote. In general 2 hours of time off is considered sufficient for employees to ... continue reading
Virginia employers that provide workers with a handheld device, such as a Blackberry or a cell phone, should use the utmost caution. A recent lawsuit against Walt Disney World highlights is a case in point. Although this occurred in Florida, it could just as easily have involved a Virginia ... continue reading