labor lawAdivision of labor law center

 A new law will primarily affect larger employers in Kansas.

The state Department of Labor recently introduced regulations that require large employers to file their quarterly unemployment tax contributions online. While online filing has been an option for several years, until recently employers could choose not to use it. Now, it is mandatory.

The Kansas Department of Labor bills the online system as simple, quick and secure, and few employers report problems with it.

“If they’re not doing so already, we want Kansas employers to (more…)

Kansas workplace fatalities numbers are just in, and it is not a pretty picture. The most recent figures show a 5%  increase in workplace fatalities, from 81 per year to 85 per year.

Even more shocking, 93% of those killed at work were male according to the Kansas Department of Labor. Of the total 85 fatalities, 79 were male. Only 7% of the workplace fatalities, or 6 individuals killed, were female.

Under Kansas law, employers must display safety posters in the workplace. Federal law requires (more…)

The U.S. Department of Labor recently announced widespread changes to the federal FMLA regulations, that affect employers in Kansas and nationwide.

When an employee has a serious medical condition, or needs to take care of a family member who is seriously ill, that employee can take up to 12 weeks of unpaid, job-protected leave called FMLA leave under the Family and Medical Leave Act. Usually, the employer requires medical certification from the worker’s physician.

Once certification is received and leave is granted, an employer currently only has two avenues to request recertification. If a worker takes more than 30 days of FMLA and remains absent from work, the company can require recertification of the condition. The second avenue pertains to physician-imposed limits on the time off. If Jake’s physician says he needs 4 weeks off to recovery from pneumonia and Jake remains absent after 4 weeks, the employer can required the condition be recertified.

Under the old regulations, when medical certification classified the duration as “unknown” or as “lifetime” employers had no procedure for requesting recertification.

Fortunately for employers, several changes have been proposed to the FMLA regulations, and one of them includes streamlining the medical certification process.

Under the new FMLA regulations, employers will be permitted to request recertification of an ongoing “serious medical condition” at least once every 6 months. Not that the regulations use the word “request”, but if the employee doesn’t comply, he or she can legally be denied the FMLA leave.

The new regulations will also include a provision for employers to obtain a new medical certification each year for an ongoing “serious medical condition”. To illustrate, consider Mary, who suffers from migraine headaches. As a result, Mary periodically has to take unscheduled FMLA leave. Mary’s company is perfectly within their rights to ask that she have her physician provide a new medical certification every year.

Under the new regulations, employers can contact a physician to clarify a medical condition, but can not ask the healthcare provider about anything that isn’t listed on the original medical certification. Whenever employers discuss medical information with health professionals, both must comply with HIPAA regulations regarding medical privacy regulations.

More Kansas FMLA Changes

Recent changes to the FMLA (Family and Medical Leave Act) regulations do not go into effect until April 11, 2008. Employers nationwide will be affected and are encouraged to review and comment on the regulations.

These changes were proposed by the U. S. Department of Labor and include two updates to the process for “fitness-for-duty” certification for employees returning from FMLA leave.

According to existing FMLA rules, an employer may require a “fitness-for-duty” certification from the employee’s healthcare provider confirming the worker is able to return to the job. This policy must be uniformly applied to employees in similar situations.

Title VII of the Civil Rights Act of 1964 and other federal laws protect workers from being discriminated against based on religion, age (over 40), sex, disability, race, national origin, pregnancy or color. So, if one worker on FMLA leave for a “serious health condition” is required provide a fitness certification then all workers with a “serious health condition” must provide certification. If a company doesn’t ask for certification from an employee on FMLA leave to adopt a child, then certification can not be required from any other worker who takes leave to adopt a child.

The new regulations will contain two changes to the “fitness-for-duty” certification process. The first pertains to workers who take intermittent leave. The updated FMLA will allow businesses to demand certification each time the worker returns from FMLA leave. Consider Justin, who drives a delivery truck. He often takes leave for migraines which affect his vision. Because a driver’s vision is a safety concern, the employer can require a “fitness-for-duty” certification each time Justin returns from leave.

The other change to the “fitness-for-duty” process permits companies to ask that the employee’s certification specifically report on the worker’s job functions. To illustrate, Harry strains his back while working on the loading dock and takes FMLA leave. His job involves picking up and carrying heavy objects, so the company can request medical certification that Harry is able to perform those tasks before allowing him to return to the job.

Every Kansas employer needs to understand that in 2007 a number of changes to the labor laws were made. In 2007, for the first time in ten years, the federal minimum wage was increased from $5.15 to $5.85 per hour as a result of the Fair Minimum Wage Act of 2007. At least ten states increased their state minimum wage on the same day.

Another increase will occur on July 24, 2008, raising the federal minimum wage from $5.85 to $6.55 per hour. Again, the states that tie their minimum wage to the federal rate will bump their state minimum wages, too.

The 2008 Kansas labor law posters required by state law are:

• Discrimination Notice
• Unemployment Insurance
• Kansas Child Labor
• Workers’ Compensation

In addition, federal law requires every employer in the nation to display a number of posters. These include:

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

2007 also saw other changes that required employers to update their labor law posters. Employers in Ohio had to post new no-smoking signs at all entrances as a result of the establishment of tough new ban on smoking in the workplace.

Washington, Oregon, Texas and several other states raised their state minimum wages in 2007.

A change was enacted in Alaska to the state Child Labor Laws regarding the selling of cigarettes. It was already illegal for anyone under the age of 19 to buy cigarettes. This change in the law also made it illegal for anyone under the age of 19 to sell cigarettes. The change resulted from the fear that teens working in gas stations or convenience stores were selling cigarettes to their underage friends.

The New Year will bring more changes which will require employers to change labor law posters. Restaurants, bars and casinos and practically every other work environment in Illinois will enact a tough new law banning smoking.

As a result of these changes, companies need to take the time to update their labor law posters by the end of this year. Failure to update the posters with the new information can result in a fine for the employer.

More than a dozen states will increase their minimum wages on January 1, 2008. These include Delaware, Oregon, Washington, California, Florida, Iowa, New Mexico, Massachusetts, Vermont, Colorado, Arizona, Missouri, Montanan and Ohio. The lowest rate to be increased is in Montana, where the state minimum wage will increase from $6.15 per hour to $6.26. In Missouri and New Mexico, the state rate will go to $6.50.

One of the major changes during 2007 related to minimum wage. The federal minimum wage, as a result of the Fair Minimum Wage Act of 2007, went from $5.15 to $5.85 per hour. Nearly a dozen states increased their minimum wage on the same day.

Also, during the 2007, several other states, including Utah, Washington, Oregon, and West Virginia increased their state minimum wage. Both state and federal law require that every employer prominently display the posters in an area where they can been seen by every employee. Popular locations are a bulletin board, near the time clock or in the break room.

The most common reason for employers to update posters includes statute changes, especially to minimum wage laws. In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour.

The US Department of Labor’s Mine Safety and Health Administration, also known as MSHA, is concerned about Kansas worker safety and the safety of the public. To try to protect workers and recreational enthusiasts, a new campaign has been launch entitled “Stay Out — Stay Alive.” This public service campaign warns against the dangers people may encounter when they trespass on working or abandoned mine property.

Since 1999, over 200 people have been killed in accidents involving mines. Tragically, many of these fatalities involved children or outdoor enthusiasts. Sometimes, children will play on mine property and get injured. In other cases, workers from industries other than mining will have accidents on property belonging to working or abandoned mines.

According to Richard E. Stickler, Assistant Secretary of Labor for Mine Safety and Health, “There are about 500,000 abandoned mines and another 14,000 active operations throughout the United States. Many of them contain hidden hazards and, for those not trained to work in mines, the outcome can be deadly. That’s why we urge workers, hikers, bikers, rock hounds and swimmers to ‘Stay Out — Stay Alive.’”

To try to prevent accidents, state and federal agencies have become partners with individuals, private organizations, and businesses to take part in the “Stay Out — Stay Alive” campaign. The need for this campaign is clear. In 2006, 30 people who were from age 17 to age 51 died due to injuries they suffered on the property of either a surface or an underground mine.

To get the word out to the public about the dangers they may encounter if they trespass on mine property, the program will make public service announcements. In addition, professionals from the federal mine safety agency will visit scouting groups and schools, along with other organizations. Talking to young people is important since they need to be aware of the hazards that can be encountered if they trespass onto mine property.