My Current State: 

New Hampshire Hostile Work Environment

March 9th, 2011
Posted by Tamara
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

New Mexico Federal Contracts

March 8th, 2011
Posted by Tamara
In a recent audit of a Frito-Lay plant in Dallas, Texas, the OFCCP (Office of Federal Contract Compliance Programs) discovered a pattern of adverse impact on the hiring of women.

The original investigation began in July of 2007 when OFCCP requested applications, affirmative action plans and hiring ... continue reading

Pennsylvania Exempt Employee Status

March 7th, 2011
Posted by Tamara
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.

... continue reading

Rhode Island School Visitation Law

March 4th, 2011
Posted by Tamara
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.

There are two ... continue reading

Illinois Workers’ Compensation

March 3rd, 2011
Posted by Tamara
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 Exempt Employee Update

March 2nd, 2011
Posted by Tamara
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.

... continue reading

Colorado Sex Discrimination

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

Louisiana Federal Contracts

February 28th, 2011
Posted by Tamara
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

Texas School Visitation Law

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

Wisconsin Overtime Law

February 24th, 2011
Posted by Tamara
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

Oklahoma Pregnancy Law in Court

February 23rd, 2011
Posted by Tamara
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.

The case, Spees v. James Marine Inc ., ... continue reading

Updated Hawaii Child Labor Rules

February 22nd, 2011
Posted by Tamara
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

West Virginia Breastfeeding Law

February 21st, 2011
Posted by Tamara
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

North Dakota Voting Laws Update

February 18th, 2011
Posted by Tamara
North Dakota’s voting law is a bit different from the others. It simply “encourages” companies to schedule their workers with enough time to vote, rather than requiring it by statute.

Iowa is among thirty-two U.S. states that have enacted laws requiring employers to provide workers with either ... continue reading

Florida Overtime Warning Affects Employers Nationwide

February 17th, 2011
Posted by Tamara
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

Connecticut Common Sense Fails in Court

February 16th, 2011
Posted by Tamara
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

Colorado Child Labor Law

February 15th, 2011
Posted by Tamara
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.

... continue reading

Arizona Breastfeeding Law

February 14th, 2011
Posted by Tamara
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

Alabama Voting Laws

February 11th, 2011
Posted by Tamara
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 Overtime Warning

February 10th, 2011
Posted by Tamara
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

Georgia Doctor’s Release for Pregnancy

February 9th, 2011
Posted by Tamara
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 Michigan Child Labor Rules

February 8th, 2011
Posted by Tamara
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

Federal Breastfeeding Law Under Health Care Reform

February 7th, 2011
Posted by Tamara
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

Arkansas Voting Laws

February 4th, 2011
Posted by Tamara
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

South Carolina Overtime

February 3rd, 2011
Posted by Tamara
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

Massachusetts Doctor’s Release Wins in Court

February 2nd, 2011
Posted by Tamara
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

North Carolina Child Labor

February 1st, 2011
Posted by Tamara
The U.S. Department of Labor recently released an updated Child Labor Rules Advisor. This release includes changes to FLSA child labor provisions, which were enacted on July 19, 2010.

This new tool will assist employers when working to comply with the new federal child labor laws. It ... continue reading

Florida Breastfeeding Law

January 31st, 2011
Posted by Tamara
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.

Under PPACA, the time provided to the employee ... continue reading

Illinois Voting Laws

January 28th, 2011
Posted by Tamara
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 Overtime Warning

January 27th, 2011
Posted by Tamara
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