labor lawAdivision of labor law center

On January 1, 2009, the Montana minimum wage will increase by 35 cents, from $6.55 to $6.90 per hour. Montana law requires a cost-of-living increase to the state minimum wage.

The increase is announced each year no later than September 30, based on the Consumer Price Index or CPI for the previous 12 months. This year’s increase is 5.4% of the 2008 minimum wage of $6.55 per hour.

“This gives those Montanans who are struggling to keep up with higher energy and food prices some much needed help, “says Labor Commissioner Keith Kelly. Recently the National Association of State Work Force Agencies awarded Kelly the prestigious Eagle Award.  “As the nation’s economy continues to struggle, we know that here in Montana, we’re doing everything we can to minimize the impact.”

According to the Montana Department of Labor & Industry, more than 70% of (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…)

The Oregon non-compete law prohibits noncompetition agreements between employers and hourly workers, in almost all cases.

However, under this new law, employers are still permitted to have management and sales employees sign non-compete agreements. The agreements limit the employee’s ability to work for a competitor, at least for a period of time.

Such non-compete agreements – even voluntary ones – are illegal when applied to hourly or salaried non-exempt employees under Oregon law.

The law set limits on the (more…)

On January 1, 2009 the Oregon minimum wage will increase from $7.95 to $8.40 per hour. The increase of 45 cents is the largest in recent memory, spurred by high inflation in the past year.

State Labor Commissioner Brad Avakian announced the new rate on September 16, 2008.

The increase is based on the 5.37% increase in (more…)

A little-known Oregon law that went into effect in 2008 sets limits on the non-compete agreements so popular with employers.

Former Oregon Labor Commission Dan Gardner originally sponsored the bill to “turn back the recent expansion of non-compete agreements against” hourly and non-management workers. Commissioner Gardner cited the use of such agreements with parking lot attendants, call center operators and home cleaning service workers as excessive.

“There is a dangerous expansion in (more…)