labor lawAdivision of labor law center

December brings holiday parties, gifts, busy shopping malls, and the time for employers to update their Delaware labor law posters.

There are a number of changes to the 2008 Delaware labor law posters. Every employer is required by law to display these posters in a prominent position, where they can be seen by employees and applicants alike. Popular choices are the break room, near the time clock or in a back hallway.

Employers who fail to display posters face penalties and hefty fines.

It is especially important that employers display the updated 2008 Delaware labor law posters, since the state minimum wage is due to increase on January 1, 2008. On that day, the state rate will increase by 50 cents from $6.65 to $7.15 per hour. This follows a 70-cent increase in the federal minimum wage, from $5.15 to $5.85 per hour, in July 2007.

For 2008, the Delaware labor law posters are:

• Child Labor 
• Breaks 
• Discrimination Notice 
• Unemployment Poster 
• Minimum Wage 
• Payment of Wages 
• Workers’ Compensation

These posters must be displayed by every employer in the state.

In addition, federal law mandates a number of posters having to do with labor laws on the national level. These include:

• USERRA - Uniformed Services Employment and Reemployment Rights Act 
• Equal Employment Opportunity is the Law 
• Federal Minimum Wage 
• Employee Polygraph Protection Act 
• Family and Medical Leave Act 
• OSHA-Job Safety & Health Protection

The labor laws covered by labor law posters vary widely from state to state within the country. Overtime laws and the minimum wage rates for tipped employees are two areas of labor law that vary widely from one state to another.

When it comes to minimum wage rates for tipped workers, some states don’t have their own laws, so they are automatically covered by the federal law. Some are slightly more generous, while others equal or are nearly equal to the states’ own minimum wages. Kansas, on the other hand, at $1.59 an hour, is the lowest.

The federal rate is $2.13 an hour. Nebraska, Kentucky, and Indiana follow the federal rate. Michigan’s on the other hand is $2.65. Massachusetts is $2.63, Wisconsin is $2.33, and North Carolina is $2.43.

But there is no “tip credit” for employers in Washington State. In other words, tipped workers’ minimum wage is the same as for other workers. It will be $8.07 an hour starting January 1. In Hawaii, it’s just 25 cents an hour below the usual minimum wage. Tipped workers get $7 an hour, while other workers get $7.25. Colorado’s rate in 2008 will be $4.02 an hour.

Some states have no overtime laws of their own, and are covered by the federal law. Others have passed laws mirroring or extending the federal laws.

Federal law requires workers be paid an overtime rate of 1.5 times their normal hourly wage for any hour over 40. Florida, Georgia, Arizona, Delaware, and Idaho have no overtime laws. Federal law is operable.

Nebraska mirrors the 40-hour federal rule, but extends it to all businesses with 4 or more workers. Others mirroring the 40-hour guide are Massachusetts, Michigan, and Illinois.

Overtime does not kick in until after 46 hours in Kansas, or 48 hours in Minnesota.

In Kentucky, workers get overtime after 40 hours and on the 7^th consecutive workday regardless of the number of hours put in on that day. Colorado employees receive overtime after a 40-hour week or a 12-hour day.

California workers can get overtime for more than 8 hours in a day, 40 hours in a week, or the 7^th day of 7 consecutive days.

To help employees understand their rights under the Family and Medical Leave Act (FMLA), employers should display a Delaware FMLA poster. This poster should be displayed at all jobsites throughout the state. Right now, in the days between Mother’s Day and Father’s Day, it’s the perfect time to review what the Delaware FMLA law can do for employees.

Employees sometimes have major events happen in their lives that require time off from work. The Family and Medical Leave Act can help. When employees or their close family members are seriously ill, or a major life adjustment such as the birth or adoption of a child occurs, FMLA allows the employees to take some unpaid time off from work.

What the Delaware FMLA does is it helps protect employees’ jobs when they need to take some time off. If the employees qualify, they can take up to 12 weeks of unpaid leave each year. In addition to a birth, adoption, and a major illness, the illness of a close family member also qualifies for leave time.

If an employer has 50 or more workers, the company has to comply with FMLA. When it comes to school teachers and public employees, the size of the employer doesn’t matter since they always are covered.

Under the Delaware FMLA, the jobs of employees aren’t automatically protected. Employees need to take precautions to protect their jobs. To that end, employers should give employees written notification of their leave status. This written notification also should include information concerning when and how the employees should remain in contact with the employer. To remain in good standing, employees should follow these instructions, including all deadlines.

In actuality, the Delaware FMLA is a federal program. Some states around the country have decided to adopt their own FMLA standards rather than follow the federal program. Although similar, the standards used by these states are not completely the same as the federal program.

Every state’s Department of Labor requires employers in the state to post certain employment labor laws in the workplace. If these posters are kept current and visible, they serve as a reminder to employees and the employer of the laws, the penalties for violating those laws, and how people can ask questions, verify information, or report labor law violations. It is best to post the employment labor notices in the break room, the work room, or another highly visible spot where employees gather often so that everyone can see them.

The Delaware ( DE ) Employment Labor Posters that are required are: Child Labor, Breaks, Discrimination Notice, Unemployment Poster, Minimum Wage, Payment of Wages, and Workers’ Compensation. In addition to Delaware Employment laws, there are Federal laws that are also required to be posted at the workplace. Those include: USERRA - Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.

As an employee, you depend on these Employment Labor posters to keep you apprised of the most current laws that relate to you as a worker. That’s why it is vitally important that employers stay up to date on the changes in the laws. These changes often take place several times a year, and there is no certain schedule to the way legislation is introduced. So it is totally up to employers to be aware of updates. 

Whenever Delaware Employment Laws change, the labor posters must be changed. So if your company is still displaying 2005 posters, it may be time for an update. I wanted to make everyone aware of the importance of keeping the posters up to date and accurate so that you are compliant with the law. 

Labor law posters for Delaware are required to be displayed in workplaces across Delaware. These posters must be updated whenever there is a change in the law. It is the employer’s job to know which posters need to be displayed in his/her own business. Failure to post the correct posters is a violation of the law.

It is also the employer’s responsibility to display the labor law posters for Delaware in an area where all employees will have a very good chance of seeing them. These posters should be where employees are known to gather such as at a time clock or in a break room. The labor law posters for Delaware need to be free from any obstructions and kept clean of any other writing. It’s probably a good idea to place the posters in a protector made of glass or clear plastic.

The required postings for the labor posters for Delaware depend on the type of business and the number of employees the business employs. The required state postings include: Child Labor, Discrimination Notice, Minimum Wage, Payment of Wages, Breaks, Unemployment Posters, and Workers’ Compensation. The federal posting requirements include: OSHA – Job Safety and Health Protection, Equal Employment Opportunity is the Law, the Uniformed Services Employment and Reemployment Rights Act (USERRA), Federal Minimum Wage, Employee Polygraph Protection Act, and the Family and Medical Leave Act.

The laws meant to protect workers aren’t effective unless both the employers and the employees know about them. That is why the labor law posters for Delaware are required to be displayed in a conspicuous area. It’s the responsibility of the employer to make sure the correct posters with the correct information are displayed in the correct place. It’s the employee’s responsibility to know where the labor law posters for Delaware are located and to know what information the posters contain.

Today we’re going to take a look at two great new ways for employers to streamline their businesses: One Stop Business Registration and Licensing, and services that provide labor law posters for Delaware.

In an effort to encourage business growth, especially in the burgeoning small business sector, Delaware Governor Ruth Ann Minner has introduced  the One Stop Business Registration and Licensing Service. This terrific program enables business owners to register with the Delaware Division of Revenue, the Delaware Division of Unemployment Insurance, and the Delaware Office of Worker’s Compensation in one easy step, online. There is also a link to the Delaware Division of corporations to access incorporation forms and establish a legal entity. In addition, a link with the Internal Revenue Service provides a Federal Employee Identification Number (FEIN). In effect, a small or large business owner can accomplish everything to set up their business, on one easy website.

Services that provide labor law posters for Delaware accomplish the same thing with labor posters. With a few clicks on a single website, employers can ensure that they are in compliance with all state and federal employee poster regulations. There is even a low-cost update feature, that assures you will automatically receive updated posters each time they change. This great service provides accurate, newly updated posters on each of the topics mandated by the State of Delaware, including General Labor Laws, Smoking Notices and Notice to Employees: Unemployment Compensation. Employers who fail to post the mandatory posters are subject to audits, employee complaints and even fines in some cases.

The Delaware Complete Labor Law poster will also provide the labor posters required by the federal government, including the USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA – Job Safety and Health Protection Posters.