labor lawAdivision of labor law center

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…)

Effective February 1, 2009 New York employers must give workers more notice of layoffs.

The New York State Workers Adjustment and Retraining Notification or WARN Act requires employers to provide 90 days notice to employees who will be laid off. The law applies to employers who are closing a plant, planning a mass layoff or a plant relocation that occurs on or after February 1, 2009. It does not apply to individual layoffs.

New York employers who are planning mass layoffs shortly after February 1, 2009 must act now to provide notice before the new law takes effect. The new law, Chapter 475, Section 25-A  of the New York code,  was passed by the state legislature on August 5, 2008.

According to the New York Department of Labor, the state WARN Act applies to any employer with 50 or more worker, who lays off at least 25 employees.

The law applies to (more…)