Kentucky Child Labor Laws

August 20th, 2006 Posted by Jane

Kentucky child labor laws protect children by outlining where, when and for how long they can work.

I have read that children under the age of 14 cannot be employed. The rules for children 14 – 17 are below. These rules are in effect for children attending school, including being home-schooled. Once a child turns 18, they are considered an adult, and not covered under these regulations.

If a child is 14- 15-years-old, they can work 3 hours per day on a school day, 8 hours a day on a vacation or holiday, and up to 18 hours a week total when school is in session. They may work up to 8 hours per day, 40 hours per week when school is not in session. They are restricted to working from 7am – 7pm, with the hours extended to 9pm in the summer.

16-17-year-old workers may work 6 hours a day on a school day, 8 hours a day on vacation or holiday, and up to 30 hours a week total when school is in session. They may work up to 8 hours a day, 30 hours total when school is not in session. They may work from 6am – 10:30pm during school, and until 1am during non-school periods.

My research shows that children 14-17 are prohibited from working with explosives, radioactive material or use power machinery or woodworking equipment. They may also not work in coal mining, logging, sawmilling, mining, slaughtering, excavation, wrecking, or manufacturing. Child laborers are also not allowed to drive r work with motor vehicles. They may also not work around alcohol, or in pool or billiard rooms.

Limited exemptions are provided for apprentices and student-learners under specified standards.

Minors under the age of 18 are required to take a 30-minute documented lunch break for each 5 hours of continuous work. No period of less than 30 minute will be considered sufficient.

I understand that employers are required to maintain proof of age on file for each minor under 18 years of age. A copy of a birth certificate, a driver’s license or school identification is acceptable.

Employers are required to maintain the names, ages, and addresses, the time of the beginning and ending of each work shift and each meal period. Employers are responsible for posting the Kentucky Child Labor poster including prohibited duties.

No Comments >> Posted in Child Labor Laws,Compliance Issues,Kentucky

Indiana Discrimination Notice

August 7th, 2006 Posted by Jane

The Indiana civil rights laws state that it is unlawful to discriminate in the areas of employment, property rental and sale, education, public accommodation or credit on the basis of race, religion, color, sex, disability, ancestry, and national origin. Familial status is added as a criteria for housing only.

The Indiana anti-discrimination statute covers some smaller employers not covered by federal law. While federal law covers employers with 15 or more employees, Indiana defines employers as companies with 6 or more people, the state of Indiana and its civil workers, unions and other labor organizations and employment agencies.

I know that according to the law it is unlawful to discriminate in hiring, firing, training, disciplining, compensation, advancement and other terms or conditions of employment. Employers also cannot deny equal benefits or privileges, harass employees because of their membership in a protected class, or retaliate against a person for filing a complaint, testifying at a hearing or assisting in an investigation.

A major addition to the law is in terms of the disabilities clause. According to this, employers may not deny a reasonable accommodation to a qualified individual with a disability or conduct medical examinations (except in limited circumstances). The only exceptions to this are when providing accommodations is proven to be a hardship on the employer, but that is something the employer needs to prove.

Workers who feel they have suffered discrimination have 180 days to file a complaint with the Indiana Civil Rights Commission.

I understand that employers who are found guilty of committing illegal discriminatory acts may be subject to cease and desist orders, monetary damages, and other forms of remedial relief. Employers must post a sign detailing the Indiana anti-discrimination laws in a public place at their business.

The Indiana Complete Labor Law poster is available detailing all the current discrimination laws as well as all of the federal labor laws.

6 Comments >> Posted in Discrimination,Employment Laws,Hostile Enviroment,Indiana

Illinois Unemployment Insurance

August 6th, 2006 Posted by Jane

The Illinois Unemployment Insurance Act pays living expenses to eligible unemployed workers while they are looking for new employment. The employee’s weekly benefits amount is usually 49 percent of the worker’s average weekly wage. To qualify, a worker must have earned at least $1,600 during their most recent 12-month period.

I read that claims should be made at the Illinois Department of Employment Security office as soon as possible after separation from employment. Each employer must give their employees the pamphlet “What Every Worker Should Know About Unemployment Insurance” at the time of separation, or mail it within five days.

An employee may not receive benefits if they quit a job voluntarily without good cause attributable to an employer; were discharged for misconduct in connection with work; were discharged for a felony or theft in connection with work; or are out of work because of a labor dispute.

Among the types of work not covered are some agricultural, domestic and railroad work, some special government work, some work done for one’s family, and some work done on commission.

I understand that to be eligible for benefits, an unemployed individual must be available for work, able to work and actively seeking work. Benefits are not paid for any period in which employees are vacationing, attending school (unless it is a training course approved by the state) or engaging in any other activity which makes them unavailable for work.

A claimant may also be entitled to receive, in addition to the weekly benefit amount, an allowance for a non-working spouse or a dependent child or children.The allowance is a percentage of the average weekly wage of the claimant in his or her base period. The weekly benefit amount plus any allowance for a dependent make up the total amount
payable.

If during a calendar week an employee does not work full time because of lack of work, they may be eligible for partial benefits if the wages earned in such calendar week are less than their weekly benefit amount. For any such week, employers should provide employees with a statement of “low earnings” which should be taken to the Department of Employment Security office.

Also, I know that Illinois unemployment insurance benefits are paid from a Trust Fund to which only employers contribute. No deductions are made from the wages of workers for this purpose. Unemployment insurance benefits are taxable.

The law provides jail sentences and fines for anyone attempting to obtain benefits fraudulently by withholding pertinent information or by making false statements.

Unemployment insurance along with all other state labor laws can be found on the Illinois Complete Labor Law poster.

2 Comments >> Posted in Employee Benefits,Illinois,Unemployment Insurance

Illinois Emergency Care for Choking Law

August 6th, 2006 Posted by Jane

The Illinois Department of Public Health has made it mandatory that all food establishments post an Emergency Care poster that outlines what to do in the event of choking. I learned that there are different treatments for conscious and unconscious victims. The poster also includes pictures to help illustrate the following steps:

Conscious Victim.

  • If a victim can breathe, cough or speak— do not interfere.
  • If a victim can’t breathe, cough or speak— give quick upward thrusts (grip above waist but below ribs). Avoid pressing on the bottom of the breastbone.
  • Hold fist with thumb tucked in.With thumb side inward, use other hand to give an in and upward thrust.
  • Repeat thrust steps until effective or until victim becomes unconscious.

Unconscious Victim

  1. Phone 911 or other emergency response number or send someone to call. Return to the victim.
  2. Open the airway and look for a foreign object. If one is seen, remove it (head tilt, chin lift). Start CPR.
  3. Attempt two breaths. Do 15 chest compressions (Place heel of one hand on center of breastbone and heel of second hand on first hand).
  4. Repeat steps 1, 2, and 3 until the victim starts breathing or until medical/emergency help arrives.

The poster does contain some important caveats. First of all, it warns that no one should practice on people, since the abdominal thrust may cause injury. Also, back blows and chest thrusts should be used on infants. Chest thrusts also should be used on pregnant women and obese victims. For children 1-8 years-old, one hand should be used for chest compressions, and one breath.

Also, I was glad to note, there are two very important legal caveats on the poster. Unless they are required by law to save a person’s life, no one is obligated to remove, assist in removing, or attempt to remove food from another person’s throat. So if a person feels uncomfortable with their skills, they don’t have a legal obligation to help.

However, if they do help, and something goes wrong, the law covers them. It states that no person, who in good faith removes or attempts to remove food in an emergency occurring at a food service establishment, will be liable for any civil damages as a result of any acts or omissions.

The Choking poster should be posted where employees can see it, but it doesn’t have to be in the dining area. A business which does not post this poster can be fined $500.00.

No Comments >> Posted in Compliance Issues,Employer Requirements,Illinois,Labor Law Posters

Idaho Discrimination Notice

August 1st, 2006 Posted by Jane

My research shows that Illinois protects workers against discrimination by enforcing both federal and state Civil Rights Acts to define what is not acceptable. The laws cover three main areas of business: federal contracting, local government and private businesses, and employers benefitting from federal funding programs.

Federal Laws
Employers holding federal contracts or subcontracts, and applicants to and employees of companies with a federal government contract or subcontract are protected against discrimination on the basis of race, color, religion, sex or national origin.

Further, there are laws against job discrimination against people with disabilities, as well as Vietnam-era veterans and qualified special disabled veterans. The government also requires affirmative action to ensure equality of opportunity in all aspects of employment.

Idaho Laws
At the state and private level, I know that the protections are further spelled out for applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations.

The state prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color religion, sex or national origin. It also protects qualified applications and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment on the basis of disability. The law also requires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship.

Surprisingly, the state also protects applicants and employees 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions or privileges of employment.

And finally, the state prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment. Retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice is prohibited

Federal Funding Laws

The final category that Illinois protects includes programs or activates receiving federal financial assistance. Discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance is unlawful. So is employment discrimination if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes; or may cause discrimination in providing services under such programs.

Employment discrimination on the basis of sex in educational programs or activities which receive federal assistance is prohibited. So is discrimination on the basis of disabilities in any program or activity which receives federal financial assistance. Discrimination is prohibited in all aspects of employment against disabled persons who, with reasonable accommodation, can perform the essential functions of a job.

All of the Idaho labor laws including discrimination can be found on the Idaho Complete Labor Law poster.

No Comments >> Posted in Discrimination,Employment Laws,Hostile Environment,Idaho

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