labor lawAdivision of labor law center

On January 1, 2009, the Vermont minimum wage will increase by 38 cents, from $7.68 per hour to $8.06 per hour. This increase puts the Vermont minimum wage in the top five in the nation. The nation’s highest minimum wage is in Washington, at $8.55 per hour in 2009. The second highest minimum wage is in Oregon, at $8.40 per hour.

The Vermont minimum wage for tipped employees increases on January 1, 2009 by 19 cents, from $3.72 per hour to $3.91 per hour. Under state law, this amount applies to “a service or tipped employee.” This is defined as an employee of a hotel, motel, tourist place or restaurant who customarily and regularly receives more than $120 per month in tips. If the employee’s tips plus wages does not average at least the Vermont minimum wage over the pay period, the employer must pay the difference to the employee, in wages.

Every Vermont employer is required to prominently display a number of labor law posters, including the Vermont minimum wage poster. Failure to do so can result in citations, fines and penalties. (more…)

The Maryland Flexible Leave Act requires employers to allow employees to use “leave with pay” for an illness in the employee’s immediate family.

Under this law, “leave with pay” includes vacation, PTO, sick leave, and personal leave. It also includes compensatory time, or “comp time” for those agencies or employers that provide it. Employees can only use paid leave that has been earned. Employers are not required to grant leave that has been accrued but not earned, under this law.

The act defines immediate family as a child, spouse or parent.     .

The new Maryland law does not require that employers offer paid leave of any sort. However, when a Maryland employer does offer such leave, he  or she must permit  employees to use it when a family member is sick.

Under new FMLA or Family and Medical Leave Act regulations that go into effect on January 17, 2009 employers must permit workers to use (more…)

The new South Carolina Illegal Immigration Reform Act requires employers to verify the legal status of new employees.

One way to comply with this law is to use E-verify from the Department of Homeland Security. The E-verify database combines records from the Social Security Administration, immigration records and other federal agencies to eliminate identity theft. It also prevents employers from breaking the law by employing undocumented workers.

The state suggests that another way to comply with the law is to establish whether the employee has a South Carolina driver’s license or other government issued identity document. Employers are warned that in some cases, employers who refuse to hire legal immigrants, discriminate against Hispanic workers, or try to specify which forms of id they will accept from the list of acceptable documents on the I-9, may be in violation of federal law. It is not clear yet (more…)

On January 1, 2009 the Ohio minimum wage increases by 30 cents from $7.00 to $7.30 per hour.  

On that same date, the Ohio minimum wage for tipped employees increases by 15 cents, from $3.50 to $3.65 per hour, according to the Ohio Department of Commerce. Any tipped Ohio employee who does not average $3.65 per hour in tips must be paid the difference in wages by the employer.

Under Ohio law, smaller companies can pay employers less. Companies with revenue less than $267,000 in 2009 can pay just $6.55 under the Ohio minimum wage law. However, when the federal minimum wage increases on July 24, 2009, they must pay at least $7.25 per hour. Youths who are 14 and 15 years of age can also be paid these reduced wages.

A constitutional amendment passed by Ohio voters (more…)

The New Hampshire Department of Labor in Concord has issued an employer alert regarding direct deposit.

The New Hampshire Department of Labor has received a number of complaints that employers are requiring direct deposit and/or pay cards for payroll. This is not legal, under New Hampshire law. Every employer must offer a check for payment of wages at no cost to the employee, if requested. In addition, the check must be on a financial institution convenient to the place of employment. Employees must be able to cash their paychecks and receive the full amount of payment due. In other words, the nearby financial institution may not charge a fee for cashing the checks.

New Hampshire employers may opt to offer direct deposit and authorized pay cards as payment. However, they cannot require that employees use one of these payment methods. Every employee is entitled to payment by payroll check, if he or she prefers.

Under RS 275:43, employers must pay workers in cash. An acceptable alternative is a payroll check drawn on a nearby bank, or a (more…)