labor lawAdivision of labor law center

With the current economic crisis, many employers are considering giving workers additional unpaid time off during the holidays. This includes giving workers Friday, November 28 (the day after Thanksgiving) and/or Friday, December 26 (the day after Christmas) off without pay.

Other employers are considering closing for an entire week between Christmas and New Years.

However, these tactics raise issues around the payment of exempt salaried employees that every employer needs to be aware of. (more…)

Every employer should take a few minutes to update his or her labor law posters.

The 2009 labor law posters involve a number of changes that affect virtually every employer.  The EEOC or Equal Employment Opportunity Commission has issued a new 2009 labor law poster that updates laws on what is considered a disability under the Americans with Disabilities Act, or ADA.

The USERRA (Uniformed Services Employment and Reemployment Rights Act) regulations have also been updated, requiring a new 2009 labor law poster.

A number of states will increase the minimum wage (more…)

The U.S. Equal Employment Opportunity Commission or EEOC recently  issued a comprehensive question-and-answer guide that clarifies performance and conduct issues under ADA, the Americans with Disabilities Act.

The document addressing a wide variety of problems, is available in its entirety at  www.eeoc.gov/facts/performance-conduct.html.

Under Title I of the Americans with Disabilities Act, and Section 501 of the Rehabilitation Act , employment discrimination against qualified individuals with disabilities is prohibited.

However, the ADA and Rehabilitation Act generally do not impinge (more…)

In addition to releasing new regulations on combustible dust for many industries, OSHA just levied one of the largest worker safety fines in history, against a sugar refinery for violating the regulations.

OSHA issued citations with penalties totaling $8,777,500 against Imperial Sugar Co. and two affiliates. This is the third largest fine in OSHA history.

The fines are for violations at sugar plants in Port Wentworth, Georgia, and Louisiana. After the tragic February 7, 2008 explosion that claimed 13 lives at the Port Wentworth refinery near Savannah, 40 other employees were hospitalized. Three employees are still in the hospital. On rescue worker described the fiery scene “like walking into hell.”

Officials at the Gramercy, Louisiana plant should not have been surprised by the OSHA inspection. The agency has a history of inspecting other plants belonging to the same company, after a serious accident.

OSHA’s inspection showed that (more…)

The US Department of Labor recently awarded $250,000 to develop strategic economic growth plans for Kentucky and Tennessee. Most of the area affected is in the extreme western tip of Kentucky.

“This $250,000 grant to the West Kentucky Workforce Investment Board will boost efforts to expand the region’s economy and increase job opportunities for Kentucky workers,” said U.S. Secretary of Labor Elaine L. Chao.

The primary focus of the grant is the (more…)