labor lawAdivision of labor law center

The Arkansas Department of Labor recently announced the schedule of health conferences for 2010.

The agency schedules annual worker safety conferences. There are separate conferences for public and private employers. The conferences focus on worker safety and compliance including improving safety for teen workers. Initial findings show that fatal workplace accidents were down in 2009, due in part to increased safety awareness by employers, including those who attended conferences.

For private employers including businesses, the first 2010 Arkansas Safety and Health Conferences was held on February 25 in Little Rock. Additional conferences will be held in Pine Bluff on March 25, in Russellville on May 6 and i (more…)

A recent change to the Rhode Island discrimination law means that an employer can be sued three years later, if an employee feels he or she has been the victim of discrimination. The new law goes into effect immediately.

Under the previous law, there was a one-year statute of limitations on employment discrimination.

The Rhode Island legislature passed the amendment over Governor Donald Carcieri ‘s veto.

The Rhode Island Civil Rights Act prohibits discrimination based on color, race, religion, disability, sex, age or national origin. It outlaws employment discrimination and retaliation.

This extension overturns a Rhode Island Supreme Court ruling in Horn v. Southern Union, which established a (more…)

New York employers need to be aware of several recent changes in the Wage and Hour regulations, including rules regarding maintenance of uniforms, meals and lodging.

This comes on the heels of news that the New York Department of Labor reached a settlement on January 27, 2010 with a Queens supermarket for not paying grocery baggers at all. Apparently, the food store required baggers to work for tips only, without any wages.  When one employee complained that this was illegal, he was terminated.

The supermarket paid more than $300,000 in back wages to three baggers and reinstated the employee, under the terms of the settlement. 

“It continues to frustrate me how employers can continue to flaunt the law and simply not pay their workers. We are glad that the employer agreed to pay workers the wages they owe them, and to reinstate the worker they fired,” Labor Commissioner Smith said.

The wage and hour changes proposed by the wage board were (more…)

There is no Utah law that prohibits discrimination based on sexual orientation or gender identity, but Salt Lake City recently passed such an ordinance.

The Salt Lake City Antidiscrimination law goes into effect on April 2, 2010.

Mayor Ralph Becker of Salt Lake City signed an ordinance that makes it illegal to

Under the law, an employer may not commit discrimination against employees or applicants based on the employee’s sexual orientation, including gay, lesbian, homosexual, heterosexual or bisexual.

The law prohibits discrimination in employment decisions including:

• Hiring
• Discharge
• Promotion
• Demotion
• Termination
• Compensation
• Terms of Employment
• Working Conditions 

The law also prohibits employers from harassing any employee based on his or her sexual orientation, and from retaliating against employees who file complaints.

All of the above protections also apply to (more…)

The New York Labor Commissioner recently issued a ruling that non-exempt employees must be paid an hourly rate. This law is in contrast to the federal FLSA and most state laws, which permit an employer to pay any worker (exempt or non-exempt) by salary, as long as applicable minimum wage and overtime laws are followed. It applies to almost every employer in New York.

Although this new ruling has not yet gone into effect, every New York employer should be aware of it. As soon as the Labor Commissioner finalizes regulations, they will be published in 10 New York newspapers. Thirty days after publication, the new rules will go into effect.

When that happens, only exempt employees can be paid on a salaried basis under New York law. Because the Labor Commissioner has not yet (more…)