labor lawAdivision of labor law center

A new law strengthens the Massachusetts personnel file even more. Employers are required to notify workers within 10 days when any addition to their personnel record is made, if that addition could negatively impact the employee’s employment status, pay, salary increase, prospects for promotion, transfer or training, or if the information could result in disciplinary action.

In addition, the Massachusetts employee has the right to inspect his or her personnel file after receiving such notification. The law signed by Governor Deval Patrick was made retroactive to August 1, 2010. Although the new law limits the employee’s inspection of his or her personnel file to twice per calendar year, that limit excludes inspections triggered by notification that new negative material has been added. Employers must make the personnel file available to an employee within 5 business days after a written request by the employee.

The new law, called Chapter 240 of the Acts of 2010, section 148, raises more questions than it answers, according to attorneys with Ogletree Deakins.

For example, the law is not precise about what constitutes a “personnel record.” This raises a concern that even an informal email or casual note from one manager to another, which is not added to the official personnel file, could be considered (more…)

A new law allows Tennessee employers to issue payment to workers by prepaid debit card or direct deposit as well as cash or check. The law went into effect on July 1, 2010.

Previously, Tennessee law allowed an employer to pay by cash or check, but did not mention direct deposit, debit cards, or any other electronic form of payment. The new law allows direct deposit, a convenient form of payment that has become the standard for many employees. Direct deposit, also referred to as electronic automated funds transfer, is preferred by many employees because the funds are often accessible faster than payments by check.

The new Tennessee payment law also permits employers to (more…)

Two new Colorado laws designed to limit the rapid growth of the legal medical marijuana industry, also provide guidance for employers n this troubling topic.

Since 2001, workers in Colorado who have a “debilitiating medical condition” can use marijuana when it is “medically necessary” to treat a condition. It is frequently prescribed to alleviate nausea during chemotherapy, as well as for other conditions.  

The 2001 law also took the enormous leap of assuming that possession of less than two ounces of marijuana, or possession of up to three flowering plants, was presumed to be lawful. However, medical marijuana users must register with the state and obtain a medical marijuana card issued by the Colorado Department of Public Health to legally use the controlled substance.

Still, that law does not require the employer to accommodate the use of medical marijuana in the workplace. The new laws further clarifiy that requirement, and allow an employer to discipline an employee who is under the influence under certain circumstances.

Effective June 10, 2010, a registered marijuana user cannot: 

• Perform any task under the influence of medical marijuana that would constitute negligence or professional malpractice
•  Drive, pilot a plane, or be in actual physical control (including operating or navigating) a motorboat, plane or vehicle while under the influence of medical marijuana
•  Use medical marijuana in a vehicle, plane or motorboat. (Apparently use in rowboats, canoes and kayaks is acceptable)
•  Use or possess medical marijuana on school grounds or on a school bus 

Currently 14 states have laws that permit limited use of medical marijuana by a patient with a valid prescription for it. Those states include California, Alaska, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. Several of the states have provided almost no guidance for employers on handling an employee whose off-duty consumption of cannabis creates performance or safety problems in the workplace.

Connecticut is the most recent state to enact a law that specifically grants leave to victims of family violence. Illinois, California and several other states already have similar laws.

Effective October 1, 2010, Connecticut employers must provide up to 12 days of paid or unpaid leave to employees to address a family violence issue.

The Connecticut Family Violence Leave statute, signed into law by Governor Jodi Rell on June 7, permits employees to take time off to:

• Seek medical care for physical injuries or disabilities
• Seek psychological care of counseling for psychological injuries
• Obtain services from an organization on behalf of the victim, including a woman’s shelter or similar non-profit agency
• Relocate to a new home
• Participate in a criminal or civil court case related to the family violence 

The domestic violence leave law applies to employers with three or more employees. State law already allowed victims of certain crimes time off to attend court proceedings and to assist police in an investigation. However, this law provides additional leave to relocate, and seek medical care or counseling.

Under the new Connecticut law, family violence is any incident causing (more…)

Effective July 1, 2010 even the smallest employers in South Carolina are covered by the state’s tough immigration law. Employers with 100 or more workers were covered beginning July 1, 2009 but compliance for smaller companies was delayed.

The South Carolina Illegal Immigration Reform Act prohibits a business from employing undocumented workers. Smaller employers must now follow additional steps to very the work status of new hires.

A free online training program for employers is available here.

Any employer who violates the law is subject to strict penalties including suspension of the business license. Repeated violations would result in the not being allowed to hire any workers in the future, essentially forcing the employer out of business.

South Carolina employers must verify the legal work status of all newly hired employees. An employer can use E-Verify to meet this requirement. E-Verify is a joint venture between the Department of Homeland Security, Social Security and Customs and Immigration, that verifies and confirms the authenticity of documents submitted at hiring. The program is free and (more…)