labor lawAdivision of labor law center

Earlier this summer, Tennessee Governor Phil Bredesen signed a new Tennessee Workers’ Compensation law. The new law will limit employers’ liability for injuries suffered by employees during voluntary recreational, social or athletic activities. 

While this law limits workers’ comp cases in Tennessee, employers in other states should be cautious about permitting recreational or sports activities on company property.

The law highlights a dilemma for many employers – how to promote a healthy lifestyle without incurring additional liability for sports-related injuries and deaths.

The new law was sparked by the lawsuit Gooden V. Coors Technical Ceramic Co. In that case, Mr. Gooden collapsed with a fatal heart attack while playing basketball on the employer’s premises during an unpaid break. The court found that an employee’s death on the employer’s premises was a workers’ comp case – even though the basketball game was entirely voluntary.

Because the employer provided the basketball hoop, supervisors sometimes participated in games and the games occurred on company property, the court found that the death (more…)

Under state law, the Delaware minimum wage increases automatically if the federal minimum wage is higher. On July 24, 2009 when the federal minimum wage increased, the Delaware minimum wage went from $7.15 per hour to $7.25 per hour.

This makes it critical for Delaware employers to display an updated minimum wage poster.

According to the Delaware Department of Labor, many employers in the state are covered by federal minimum wage law. Many employers in Delaware were affected by the July 24, 2009 increase of the federal minimum wage.

The FLSA or Fair Labor Standards Act of 1938 is the law relevant to the federal minimum and applies to businesses with annual revenue of $500,000 or more, and to companies and individual employees engaged in interstate commerce.

Interstate commerce includes:

·         Accepting or sorting mail from out-of-state

·         Receiving goods from out-of-state vendors

·         Buying from out-of-state vendors

·         Accepting long-distance phone calls

·         Accepting credit card or debit card payments

·         Accepting out-of-state checks

·         Using the Internet, a website or email

A company that does not buy or sell goods out-of-state can still have several workers who engage in interstate commerce on a regular basis. Consider a small hair salon with annual revenue of less than $500,000. This salon serves local customers and buys its supplies locally. (more…)

Every employer should have begun using the new, updated I-9 form no later than April 3, 2009.

The biggest difference in the new I-9 form and the previous version is that expired identity documents will no longer be accepted on the new form.

The USCIS or Citizenship and Immigration Services notes that the Department of Homeland Security wanted to ensure that “documents presented for use in the Form I-9 process must be valid and reliably establish both identity and employment authorization.” The DHS adds that expired documents may not contain the workers valid status. They are also more prone to tampering and fraudulent use, than unexpired documents.

The new I-9 form also eliminates several documents from List A, items that establish both identity and employment authorization. These include Forms I-688, I-688A and I-688B, temporary resident cards and outdated employment authorization cards.

The newest I-9 form also adds a number of documents to List A, including: (more…)

A new I-9 form for employers has been developed. Otherwise known as the employment eligibility form, the I-9 form’s revised version is effective April 3, 2009.

At that time, all employers in the U.S. will be legally bound to use the new version.

Any such employers who wish to do so are invited to comment. It should be noted that many firms have already begun switching over to the new forms. Compliance is not mandatory yet, however. As in the past, employers may legally make copies of I-9 documentation, but must file such documentation in a location separate from a worker’s personnel file.

The deadline date represents a delay in the date originally put forward by the U.S. Citizenship and immigration Services following action under the Bush administration.

As a result of efforts by, among others, the new White House under President Barack Obama, the deadline was moved back from February 2, 2009.

Chief of Staff Rahm Emmanuel sent memos to federal agencies urging them to (more…)

Under new regulations issued by the Oregon BOLI or Bureau of Labor and Industries, food servers can opt to waive their unpaid meal breaks, but not their paid rest breaks.

Tipped Oregon food service workers over the age of 18 may opt out of their required 30-minute meal breaks if they like. The employee must complete a waiver form, available in English or Spanish from the BOLI website.

Employers cannot require an employee to waive breaks, or coerce employees to do so under the new regulations. Either the employer or the employee can revoke the waiver at any time by written notice.

However, if the employer has a signed, non-revoked waiver on file, the employee (more…)