labor lawAdivision of labor law center

For the first time, a state minimum wage will be reduced.

On January 1, 2010 the Colorado minimum wage will be reduced by 4 cents, from $7.28 per hour to $7.24 per hour. However, most Colorado employers will be required to pay $7.25 per hour under the federal minimum wage, the Fair Labor Standards Act.

The minimum wage for tipped employees will decrease from $4.26 per hour to $4.22 per hour according to the Colorado Division of Labor & Employment. If the employee does not average $3.02 per hour over the payroll week, the employer must pay the difference.

The Colorado minimum wage is adjusted annually for inflation. Unlike most states, however, when the cost of living goes down – as it has in the past year – the Colorado minimum wage can be reduced. While a variety of states including Washington, Oregon and Florida increase the minimum wage annually, there is no provision for the automatic reduction of minimum wage in most states.

Colorado employers need to update their state minimum wage posters immediately.

Although the Colorado minimum wage reduction is only 4 cents, it is far better than the annual increases of 20 cents or more in recent years. In 2009, for example, the Colorado minimum wage increased (more…)

A number of states have laws that prohibit the employer from terminating an employee when an official quarantine is implemented by state or federal public health officials.

The Center for Disease Control says that H1N1 is widespread in 48 states plus Puerto Rico and Guam at this time. Only Louisiana, Hawaii, the U.S. Virgin Islands and the District of Columbia are not seriously affected.

In Delaware, Iowa, Maine, Maryland, Minnesota, Kansas, New Mexico and New Jersey, the employee’s job is protected if the employee is subject to an official quarantine order by a public agency. In addition, Kansas and Maine protect the employee’s job if he or she must remain at home to provide childcare when the schools are closed under a public quarantine order.

In most states plus the District of Columbia, the “public policy” exception to employment-at-will may protect an employee who is under a quarantine order. This would include Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, new Mexico, north Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, (more…)

A recent federal court ruling requires that employers be even more vigilant about seemingly “casual” negative remarks in the workplace.

This case heard by the 9^th Circuit Court of Appeals underscores the fact that supervisors and even coworkers should not ask questions about or discuss an employee’s religion, national ancestry or country of origin. Nor should employers make derogatory remarks about Muslims or members of other religions, even in passing.

It also emphasizes the importance of an employer conducting anti-discrimination training for all managers, after any reported incident.

In EEOC v. Go Daddy Software Inc. the court ruled that two passing remarks, more than a year apart, by two different supervisors, were enough to show a pattern of illegal discrimination against a Muslim employee.

The Equal Employment Opportunity Commission alleged discrimination based on religion and national ancestry. Youseff Bouamama, a Muslim born in Morocco, was hired by the company in late September, 2001. In December 2001, the employee’s hiring manager overheard him speaking French to a customer. The manager quizzed the employee on his religion and birthplace. Shortly after the 911 terrorist attacks on New York, the supervisor also made comments to the effect that Muslims needed to die.

Nineteen months later, (more…)

Employers need to be aware that in some cases, H1N1 virus can trigger FMLA.

While H1N1 influenza, the so-called “swine flu” is not always a serious health condition under FMLA, it can be in some cases. Many people with the H1N1 report that the symptoms are very similar to – and no more severe than – the seasonal influenza. In those cases, the employee with swine flu is not entitled to FMLA.

However, if the employee is admitted to a hospital, or is incapacitated for 3 days or more and requires continuing treatment, then the FMLA threshold for a serious health condition has been met. H1N1 is most likely to be severe for children, the elderly and those with compromised immune systems.

According to the Center for Disease Control, flu-related hospitalizations are very high compared to the average for this time of year – and the flu season is only beginning.

In order to be in compliance, every employer should follow the FMLA notification process whenever an employee is absent with H1N1 virus for several days. The employer can and should require certification of the employee’s or family member’s serious health condition.

Employees are also entitled to take unpaid, job-protected FMLA leave when an immediate family member has a serious health condition. So an employee whose spouse or parent has H1N1, and meets the definition (more…)

A new law signed by President Barack Obama on October 28, 2009 expands FMLA for military families even more than the NDAA or National Defense Authorization Act of 2008.

This change in the law will require every employer to update the Military Caregiver poster, even if they do not have any employees who qualify.

The  National Defense Authorization Act for 2010 provides for two  major changes to current FMLA regulations: 

• Families of Armed Forces members on active duty are covered, not just family members of the National Guard and Reserve
•  Military caregiver leave is expanded to cover the families of some veterans 

It appears that these changes are retroactive, according to Matthew Effland, an Indianapolis attorney specializing in FMLA issues.

Active Duty Included

Under the new law, when a member of the Armed Forces is deployed to a foreign country, his or her spouse, son, daughter, parent, step-child, or step-parent can take up to 12 weeks of unpaid, job-protected FMLA leave for any “qualifying exigency.”

Many employers have already been granting this leave to military families, and not just the families of Reserve or National Guard members who are called to active duty. In fact, it is unclear why the U.S. Department of Labor interpreted the original law so narrowly in the final days of the second Bush administration.

Under the current regulations, qualifying exigencies include attending military-sponsored functions, making appropriate financial and legal arrangements, handling details of a short-notice deployment, attending counseling, and making alternate childcare arrangements. In addition, an employee can take up to 5 days of FMLA for rest and recreation or R&R under the law. The employee can also use FMLA up to 90 days following deployment for arrival ceremonies, post-deployment ceremonies and other military events.

Military Caregiver Leave Expanded to Veterans

The NDAA also permits an employee who is the son, daughter, spouse, or parent to take up to 26 weeks of unpaid, job-protected FMLA during a 12-month period to provide care for a service member who has been injured or contracted a disease in the line of duty.

This extended FMLA leave also applies to the injured soldier’s next-of-kin, regardless of the relationship. This means in some cases that an in-law, grandparent, sibling, aunt, uncle or cousin could qualify for military caregiver leave.

The new law permits the (more…)