On that same date, the Ohio minimum wage for tipped employees increases by 15 cents, from $3.50 to $3.65 per hour, according to the Ohio Department of Commerce. Any tipped Ohio employee who does not average $3.65 per hour in tips must be paid the difference in wages by the employer.
Under Ohio law, smaller companies can pay employers less. Companies with revenue less than $267,000 in 2009 can pay just $6.55 under the Ohio minimum wage law. However, when the federal minimum wage increases on July 24, 2009, they must pay at least $7.25 per hour. Youths who are 14 and 15 years of age can also be paid these reduced wages.
The New Hampshire Department of Labor has received a number of complaints that employers are requiring direct deposit and/or pay cards for payroll. This is not legal, under New Hampshire law. Every employer must offer a check for payment of wages at no cost to the employee, if requested. In addition, the check must be on a financial institution convenient to the place of employment. Employees must be able to cash their paychecks and receive the full amount of payment due. In other words, the nearby financial institution may not charge a fee for cashing the checks.
New Hampshire employers may opt to offer direct deposit and authorized pay cards as payment. However, they cannot require that employees use one of these payment methods. Every employee is entitled to payment by payroll check, if he or she prefers.
Under the New Mexico Minimum Wage Act, employers can pay just $2.13 per hour to employees who regularly and customarily receive tips of more than $30 per month. However, for any pay period in which the employee does not average $5.37 per hour in tips, the employer must make up the difference in wages.
Like many states, the New Mexico minimum wage includes myriad exceptions, including exceptions for employees in domestic service in or about a private home, for federal employees, and for agricultural employees. Volunteers for educational, charitable, religious or nonprofit organizations are exempt from the New Mexico minimum wage laws. So are students working after school or on vacation.
A little-known and little-used provision of the law (more…)
The Minnesota Independent Contractor Exemption Certificate (ICEC) law requires individuals who work as independent contractors in the construction industry, to obtain a certificate from the Minnesota Department of Labor and Industry. The law does not apply to individuals doing business as corporations, LLCs or partnerships.
Contractors who employ individuals who do not have an ICEC must pay state workers’ compensation and unemployment insurance for those individuals. In addition, such workers are considered employees legally and all state and federal employment laws, including minimum wage, overtime and worker safety standards, apply.
The law was designed to (more…)
The new FMLA regulations require that employers give workers notice of their rights under FMLA.
The rule clarifies and strengthens the employer notice requirements to employees. The purpose, according to the U. S. Department of Labor, is so that employees will better understand their FMLA rights and obligations, and to provide for smoother communication.
Employers must post a new, revised FMLA poster now available from a few sources.
In addition, employers must post a Military Leave Notice (also called the Military Leave Poster) that advises military families of their expanded FMLA rights.
The new regulations further define what is a “serious health condition” under FMLA. While the 6 individual definitions are retained, the new regulations require that if an employee is taking leave involving more than 3 consecutive days plus two visits to a health care provider, the two visits be within 30 days of the work absences.
Under these regulations, an employee who was absent for 3 days in June, and visited the doctor once in June and once in October, would not qualify for FMLA leave.
The new regulations also redefine “periodic visits to a health care provider” for chronic serious health conditions, under the guidelines. Now, employees must see a doctor or other health care provider at least twice per year, for the condition to qualify.
The FMLA applies to employers with (more…)