New FMLA, NDAA Rules for Nebraska

April 8th, 2008 Posted by Amelia

The U.S. Department of Labor proposed updates to the regulations for the Family and Medical Leave Act of 1993 (FMLA) on February 11, 2008. The FMLA allows workers to take unpaid, job-protected leave to care for a newborn child, to care for a seriously ill family member, or to care for themselves when seriously ill.

Under the NDAA of 2008 (National Defense Authorization Act), certain military families became eligible for up to 26 weeks FMLA leave. The law went into effect immediately, providing leave for these families effective January 28, 2008.

Nebraska employers should be aware that current FMLA rules will remain in effect for non-military families until April 11, 2008.

In addition to the detailing specific procedures for taking Military Family Leave, the expanded FMLA regulations include two changes regarding employer and employee notice obligations.

Before the enactment of the changes, employees could take time off without giving notice and had two days to report the leave as FMLA. This rule caused problems for many employers, because workers taking time off without advance notification often interfered with daily operations. Under the new rule, employees must follow the company’s “usual and customary” procedure for reporting an absence.

The third major change involves the employer’s notice obligations. Instead of the current two business days, companies will now have five business days to send out eligibility and designation notices and to ensure that employees understand their FMLA leave rights. Also when an employee’s medical certification lacks information or doesn’t meet the FMLA criteria, the company must inform the employee, in writing, of what information is lacking.

Several technical changes that resulted from lower court and Supreme Court decisions over the last 15 years are included in the new FMLA changes, too.

Victoria A. Lipnic, the Assistant Secretary for the Employment Standards Administration, states, “This proposal preserves workers’ family and medical leave rights while improving the administration of FMLA by fostering better communication in the workplace. It also implements a law President Bush recently signed to extend family and medical leave to families of America’s soldiers who are suffering serious illness or injury.”

More Nebraska FMLA Changes

Several changes have been proposed to the FMLA (Family and Medical Leave Act) regulations.

The U. S. Department of Labor states that these changes, which they proposed on February 11, 2008, will help improve communication among employers, healthcare providers and employees.

The proposed changes include a clarification of the long-standing U. S. Department of Labor practice of allowing employees to settle FMLA claims out of court. Normally, this requires the employee to waive their FMLA rights, retroactively.

A Fourth Circuit Court ruling misinterpreted the law and prohibited employees from waiving FMLA rights in any way. The new FMLA rule updates the wording to be clear. Waiving FMLA rights retroactively when settling a claim is permitted, waiving FMLA rights in advance is prohibited.

Two major changes are also the result of court rulings.

The rules for “light duty” assignments have been clarified in the updated FMLA regulations. “Light duty” can not be counted as FMLA leave. If a worker is injured and put on “light duty” for 6 weeks, that worker is still eligible for 12 weeks of unpaid FMLA leave.

The new FMLA regulations with go into effect on April 11, 2008. Comments on the proposed changes are welcomed and encouraged. Employers and interested persons can visit www.regulations.gov, type in “Family and Medical Leave Act” (with the quote marks) and post a comment. Be aware, however, that all comments are viewable by the public.

FMLA regulations come under the jurisdiction of the U. S. Department of Labor’s Wage and Hour Division.

No Comments >> Posted in Compliance Issues,Employer Requirements,Nebraska,Updated Regulations

2008 Nebraska Labor Law Posters

December 7th, 2007 Posted by Amelia

As 2008 approaches, businesses need to check their labor law posters to make sure the information is up to date.

The 2008 Nebraska labor law posters have gone through several changes and companies need to take appropriate action. As a result of the Fair Minimum Wage Act of 2007, the federal minimum wage rose for the first time in about 10 years from $5.15 per hour to $5.85 per hour. Several states raised their minimum wages at the same time.

During 2007, many other states, including Texas, Maine, Utah, and North Carolina established higher state minimum wages, too.

Other changes occurred to labor laws in 2007 that required companies to modernize their posters. For example, a new tough ban on smoking at work was established in Ohio. Businesses there had to post no-smoking signs at every entrance.

The 2008 Nebraska labor law posters that every employer must display are:

  • OSHA-Health and Safety Protection
  • Emergency Numbers
  • Minimum Wage
  • Discrimination Notice
  • Child Labor Law

In addition, under federal law, every Nebraska employer must display the following posters that cover U.S. labor law:

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

In other changes to labor law in 2007, Illinois also enacted a tough law regarding smoking. Almost every work environment, even restaurants bars and casinos are now non-smoking. Labor law posters will need to be updated as a result of these changes.

Until October, teens in Alaska could be employed by a gas station or convenience store that sold cigarettes. And though it was already illegal in Alaska for anyone under the age of 19 to buy cigarettes, people were concerned that these teens could be selling cigarettes to friends who might be underage. The Child Labor Laws, therefore, were amended to prohibit anyone under the age of 19 from selling cigarettes.

In addition to the changes in 2007, more changes are scheduled to occur in 2008.On January 1 and July 1, 2008, over 20 states will increase their state minimum wage.

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

Nebraska Worker Safety Forklift

June 6th, 2007 Posted by Amelia

Forklifts may look simple to operate. But they can be extremely unstable. An unbalanced load or a special attachment or extension can add to the hazard.

There are about 1.5 million forklift operators in the U.S., and the device is a common cause of bad injuries or deaths.

An Nebraska worker safety article has been released stressing the need for improved training for forklift operators.

OSHA regulations require training and retraining for forklift operators. There are standards that determine that training:

  • The operator’s previous skill and knowledge.
  • The “demonstrated” or visible skill of the operator.
  • The type of forklift
  • Other hazards in the workplace

Retraining is crucial. For example, whenever a forklift driver is in an accident (or even a near-accident), retraining is required. Whenever a driver operates in an unsafe manner, he or she must be retrained. And periodic re-evaluation and retraining is required in any case.

Attachments and operation both affect the stability of forklift – sometimes called a Powered Industrial Truck (PIT) or just a fork truck.

Whenever an attachment or extension is added, it could change the truck’s safety rating. Attachments are part of the load and must be taken into account. The addition or modification must be approved in advance, in writing, by the manufacturer. Once the modification is made, the truck’s plates, tags, or decals should show the change. Those plates or decals demonstrate the forklift’s capacity, operation, and maintenance instructions.

There are all sorts of attachments available for forklifts. They include rug rams, drum carriers, hoppers, cylinder caddies, drum rotators, and drum grippers. Most are typically found in the manufacturing industry.

Operation is also a key factor. Forklift operators are advised to keep a load as low as possible. If the steering feels somehow light, the truck is instable. The driver is losing control of the load. Adding more weight will not help. It moves the center of gravity to the rear – a recipe for instability. Even light loads that are sitting up forward on the tips of the forks are hazardous.

No Comments >> Posted in Compliance Issues,Employer Requirements,Labor Law Regulations,Nebraska

Nebraska Worker Safety Alert Asbestos

May 31st, 2007 Posted by Amelia

In auto shops, it is the employer’s responsibility to ensure that all employees know the safety procedures in place for working with asbestos. They should also put these procedures in writing, and ensure that their workers carry them out. This, it is hoped, will reduce the risks of asbestos in the workplace, and prevent deaths that can occur from asbestos related diseases.

A recent Nebraska worker safety alert highlights the dangers of working with asbestos. The alert concentrates on the hazards faced by mechanics and other workers in the industry due to the presence of asbestos in the brakes and clutches of older models of cars and trucks.

One result of the alert is that OSHA recommends that people do not carry out repairs on their own vehicles, if they are an older model of car or truck. They should take the truck or car to a professional workshop where a mechanic who has been instructed in how to deal with the material can make the repairs needed.

Because of the nature of asbestos it is important that people heed this recommendation, as it is possible to put not only yourself, but other people in the area at risk. Asbestos breaks into tiny pieces when it is disturbed, and although they can not be seen with the naked eye, they can become airborne and are easily inhaled.

There are ways of dealing with asbestos to reduce the risks involved. OSHA recommends negative pressure enclosure/HEPA vacuum system method, and the low pressure/wet cleaning method. Another acceptable method of dealing with asbestos is the spray can/solvent method.

Workers in the industry are told that when they work on older models of vehicles, to assume that they contain asbestos and work within the safety procedures that have been put in place by their employer.

Most people think that asbestos related risks in the work place no longer exist. But this recent alert will cause people to think again.  

No Comments >> Posted in Compliance Issues,Employer Requirements,Nebraska,Updated Regulations

Nebraska Office Worker Safety

May 30th, 2007 Posted by Amelia

Does your office have a special time set aside for an office safety review? The spring is the perfect season to take a fresh look around the office, and meet with your employees about health and safety.  You should do it every year!
People usually don’t concern themselves too much with office worker safety. At first thought, people may think, “I know a paper cut can hurt, but why should we hold a meeting about it?”  The fact of the matter is that there is much to think about when it comes to health and safety when working in an office environment.

Computers are a major concern for Nebraska office safety.  With the threat of carpal tunnel syndrome, from long hours of typing, and back strains, from moving heavy office furniture, there is plenty to discuss.  Some office positions require long hours of report typing or data entry.  Strain on the wrists can be serious. Technicians may need to get into tight areas to fix a wiring problem, and have to move furniture to do it.  Accidents can and do happen.

There are ways to position the body to avoid such hazards as these, and they should be reviewed with employees at least once a year.  If someone does hurt themselves, there should be a plan in place to get the person the help that they need as quickly as possible.  It is also a great idea to remind workers of precautions to take to avoid things like carpal tunnel and back strains.

The Occupational Safety and Health Administration, or OSHA, wants every employer to take the time to review safety, even in an office environment.  Slips, falls, bruises, and sprains happen all the time, and the office is no exception.  Health and safety in front of the computer, in the break room, and around cubicles or heavy machines like copiers or printers is an issue that needs to be addressed.  Why not order some take out food and have lunch over it?

 

No Comments >> Posted in Compliance Issues,Employer Requirements,Nebraska,Updated Regulations

1  2  3   Next >>