labor lawAdivision of labor law center

Illinois, Nevada and Kentucky implemented minimum wage increases effective today, July 1, 2009.

The Kentucky minimum wage increases today from $6.55 to $7.25 per hour. This change is just 23 days earlier than an identical change in the federal minimum wage.

The Illinois minimum wage increases from $7.75 to $8.00 today. This increase puts the Illinois minimum wage in a four-way tie for the fourth highest minimum wage in the nation.

The Nevada minimum wage increases today from $6.85 per hour to $7.55 per hour, although a number of Nevada employers are exempted.

The highest minimum wage is currently in the state of Washington, with a minimum wage of $8.55 per hour. The Oregon minimum wage is $8.40 per hour, while the minimum wage in Vermont is $8.06 per hour. The minimum wage in California, Connecticut and Massachusetts is at $8.00 per hour – the same as the Illinois minimum wage, effective today.

The minimum wages in Washington, Oregon and Vermont are adjusted for inflation annually on January 1. The minimum wage in California, Connecticut and Massachusetts are not adjusted annually for inflation – they are changed only by statute.

The next Illinois minimum wage change (more…)

 Senator Ted Kennedy recently introduced a bill – called the Healthy Families Act– that would implement a mandatory sick leave law.

If passed, the bill would require most employers to provide up to 7 paid sick days per year to employees.

In the House, the mandatory sick leave law introduced by Rep. Rosa DeLauro  is called HR 2460.

The mandatory sick leave law would apply to employers that have 15 or more full-time workers (or the equivalent) for at least 20 weeks of the year.

The bill would require that workers earn one hour of paid sick leave for every 30 hours worked, beginning on the day the worker is hired. Employees would be eligible to use paid sick leave after 60 days.

 Employers should be aware that GINA imposes even more stringent confidentiality laws than HIPAA does, regarding genetic information and an employee’s family medical history.

On November 21, 2009, Title II of GINA, the Genetic Information Nondiscrimination Act, will go into effect. This portion of the law prohibits employees from discrimination against an individual based on genetic testing. Title I of the law, which went into effect in May 2009, prohibits health insurance providers from discrimination against an individual based on genetic testing.

For example, a health insurance company could not refuse to cover an individual because he or she had a genetic predisposition for breast cancer, diabetes or heart disease. Nor could an employer refuse to hire an employee, based on that genetic information. In fact, it would be a violation of the law for the employer to even acquire information about an employee’s genetic profile.

More than 13 years in the making, GINA was signed into law by President George W. Bush on May 21, 2008.  The law was passed partly out of concern that individuals were refusing genetic testing, which might have improved their health care, because they feared discrimination from employers or health insurance providers.

The EEOC recently released GINA guidelines for employers to be in compliance with this new law.

Under Title II, GINA prohibits employers from intentionally (more…)

 On July 24, 2009 the Maryland minimum wage increases from $6.55 to $7.25 per hour, along with the federal minimum wage. That is an increase of 70 cents, and an increase of $2.10 in just over two years.

By statute, when the federal minimum wage increases, the Maryland minimum wage does so, as well.

The other states on the same schedule are Nebraska, Kentucky, Idaho, Indiana, North Carolina, North and South Dakota, Oklahoma, Texas, Virginia, and Utah.

State minimum wage laws vary widely and dramatically, which is one reason why employers should always have an updated state minimum wage poster displayed, as the law requires.

More than half of the states in the U.S. have rates that are above the federal minimum. The rest are either equal to or below the federal level. Some states have a cost of living increase and some do not.

Five states do not have minimum wages. They are Louisiana, Alabama, Mississippi, Tennessee, and South Carolina. Employers in those states who are not covered by federal minimum wage laws could legally pay their workers 10 cents an hour. Whether or not they would find anyone willing to work for that rate is another matter.

Among the states that have established minimum wage laws, the hourly rates vary by almost $6 an hour. At the high end of the chart is Washington State, with a minimum of $8.55 hourly. At the very bottom is Kansas, with a pay rate of $2.65 an hour. The difference between the two states is $5.90 an hour.

In second place is Oregon, at $8.40. The Vermont minimum wage is (more…)

Nationwide employers should note that both federal and state courts in California will now throw out almost all noncompetition agreements. California has one of the most restrictive laws regarding noncompetition agreements. In fact, such agreements are almost always unenforceable in the state.

California law specifically requires that every individual shall retain the right to pursue any lawful employment opportunity.

Recently, Edwards v. Arthur Andersen upheld that principle. A tax manager for Arthur Anderson LLP in Los Angeles, Raymond Edwards signed a noncompete agreement in 1997.

The agreement specifically noted that  Edwards would not work directly for any of his Arthur Anderson clients, for 18 months after his separation from Arthur Anderson.

After the Enron debacle, Arthur Anderson closed its Los Angeles office and laid Edwards off. Another company offered Edwards a job, but only (more…)