ADAAA Expands FMLA for Adult Children

July 30th, 2010 Posted by Amelia

Just when employers thought they had FMLA figured out, ADAAA throws in a wrinkle.

 

According to attorney Joan Gale and several other noted experts, the expansion of ADA under will enable many more employees to take for adult children, even when those children are not members of the military or veterans.

 

An employee can take unpaid, job-protected leave of up to 12 weeks under the Family and Medical Leave Act when an immediate family member has a serious health condition. Originally, the FMLA was crafted so that immediate family members included parents, a spouse, and a or under the age of 18.

 

Sons and daughters the age of 18 were (more…)

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Colorado Medical Marijuana in the Workplace

July 28th, 2010 Posted by Amelia

Two laws designed to limit the rapid growth of the legal industry, also provide guidance for employers n this troubling topic.

 

Since 2001, workers in Colorado who have a “debilitiating medical condition” can marijuana when it is “medically necessary” to treat a condition. It is frequently prescribed to alleviate nausea during chemotherapy, as well as for other conditions.  

 

The 2001 also took the enormous leap of assuming that of less than two ounces of marijuana, or of up to three flowering plants, was presumed to be lawful. However, medical marijuana users must register with the state and obtain a medical marijuana card issued by the Colorado Department of Public Health to legally use the controlled substance.

 

Still, that law does not require the employer to accommodate the use of medical marijuana in the . The new laws further clarifiy that requirement, and allow an employer to discipline an employee who is under the influence under certain circumstances.

 

Effective June 10, 2010, a registered marijuana user cannot: 

  • Perform any task under the influence of medical marijuana that would constitute negligence or professional malpractice
  •  , pilot a plane, or be in actual physical control (including operating or navigating) a motorboat, plane or vehicle while under the influence of medical marijuana
  •  Use medical marijuana in a vehicle, plane or motorboat. (Apparently use in rowboats, canoes and kayaks is acceptable)
  •  Use or possess medical marijuana on school grounds or on a school bus 

Currently 14 states have laws that permit limited use of medical marijuana by a patient with a valid prescription for it. Those states include California, Alaska, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. Several of the states have provided almost no guidance for employers on handling an employee whose off-duty consumption of cannabis creates performance or problems in the workplace.

 

 

3 Comments >> Posted in Colorado,Employment Laws,Labor and Employment,Other
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New Connecticut Family Violence Leave

July 23rd, 2010 Posted by Cara

is the most recent state to enact a that specifically grants to victims of . Illinois, California and several other states already have similar laws.

 

Effective October 1, 2010, Connecticut employers must provide up to 12 days of paid or unpaid leave to employees to address a family violence issue.

 

The Connecticut Family Violence Leave statute, signed into law by Governor Jodi Rell on June 7, permits employees to take to:

  • Seek medical care for physical injuries or disabilities
  • Seek psychological care of counseling for psychological injuries
  • Obtain services from an organization on behalf of the victim, including a woman’s shelter or similar non-profit agency
  • Relocate to a home
  • Participate in a criminal or civil court case related to the family violence 

The leave law applies to employers with three or more employees. State law already allowed victims of certain crimes time off to attend court proceedings and to assist police in an investigation. However, this law provides additional leave to relocate, and seek medical care or counseling.

 

Under the new Connecticut law, family violence is any incident causing (more…)

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Overtime Per Diem Update

July 21st, 2010 Posted by Amelia

Slick maneuvers by employers to artificially lower the hourly wage for straight time and thereby avoid are being regularly rejected in court.

 

The 5th Circuit Court of Appeals recently ruled that virtually every payment made to an employee during the first 40 hours of work must be figured into the employee’s “regular hourly rate” for overtime. When a worker puts in more than 40 hours in the payroll week, he or she must be paid the “regular hourly rate.”

 

Recent court rulings show that state and agencies are getting tough with employers on wage and hour issues, including misclassifying employees as independent contractors, exempt status and now overtime.

 

In the most recent case, when United Technisource Inc. or UTI hired Timothy , a highly skilled aircraft painter, the prevailing wage for that job was $18.00 per hour. Yet, UTI offered just $5.50 per hour, with a $12.50 per hour , up to $500 total. The caps out at exactly 40 hours in the payroll week. UTI further offered Mr. $20 per hour for hours in excess of 40 hours per week.

 

When Gagnon eventually filed a wage complaint for unpaid overtime, the company argued that the required only $5.50 x 1.5 = $8.25 per hour overtime, and Gagnon was being paid almost three times that amount. A lower court found for the company.

 

However, the court of appeals disagreed. The judges found that if Mr. Gagnon worked (more…)

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NLRA Poster Required

July 16th, 2010 Posted by Madison

Every must display a informing employees of their rights under the National Labor Relations Act or . Under a directive recently issued by the U.S. Department of Labor, merely posting the notice electronically is not sufficient. The poster must also be posted in conspicuous locations in the workplace.

 

Inspectors will check for the NLRA posters as a routine part of the on-site compliance inspection in awarding contracts. Prominently displaying the poster puts the employer in compliance with Executive Order 13496.

 

An employer who posts employee notices electronically must include the NLRA information. However, the employer must also display posters in the worksite, in addition to the online information.

 

The NLRA poster informs employees of their legal rights to join a union, form a union or assist a union. In addition, the poster informs employees that they have the right to enter into agreements with the employer. It includes examples of legal and illegal contracts. The poster also includes information on how an employee may contact the National Labor Relations Board or with complaints and questions. Posters are available at www.laborlawcenter.com.

 

Under EO 13496, the poster must also be supplied in a language (more…)

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