Monday, January 28, 2008

Revised New York Human Rights Poster Includes New Disability Requirements

News Release from the Poster Compliance Center Research Dept.

A revised New York anti-discrimination poster includes language stating that “reasonable accommodations” may be required in places of public accommodation, resort or amusement for persons with disabilities.

The new requirement on the mandatory poster is based on a law that went into effect on Jan. 1, 2008. The reasonable accommodation rule for persons with disabilities had previously been established only for the rental, lease or sale of housing, land and commercial space.

The revised notice also includes a change in the list of areas in which discrimination is prohibited. Employment agencies have been added to the list while occupational and executive training has been deleted.

Also, “modifications” has been added to “reasonable accommodations” that may be required for persons with disabilities (at the end of the Housing section of the poster).

An additional type of discrimination has been changed from “genetic predisposition or carrier status” to “predisposing genetic characteristics”.

All of the changes on the anti-discrimination poster have also been made in the Spanish language section, as well as changes in wording for that section.

Revised Oklahoma Labor Law Poster Includes New Penalty Rate

A revised Oklahoma labor law poster includes a new penalty rate that will be assessed against employers who are found to owe wages to an employee.

The change in the mandatory Oklahoma Minimum Wage Act poster states that if the Commissioner of Labor finds that wages are due an employee, a penalty of 2% per day up to the total amount of wage claim will be assessed against an employer. The previous penalty was 10%.

In addition, the termination of a workers’ employment is now included as a condition for instituting the wage claim penalty.

Friday, January 18, 2008

Minimum Wage, Family Leave, OSHA Posters Revised for Oregon

News Release from the Poster Compliance Center Research Dept.

Revised labor law posters that include a new minimum wage, changes in the way family leave is granted and a new time period for employees to file a complaint with the federal Occupational Safety and Health Administration (OSHA) have been issued in Oregon.

The Oregon Minimum Wage poster includes an increase in the lowest wage that can be paid in the state from $7.80 per hour to $7.95 per hour effective Jan. 1, 2008. The Oregon minimum wage is adjusted for inflation every January 1.

The Oregon Family Leave Act poster has been revised to include “grandparent” and “grandchild” on a list of family members that employees may care for under “serious health care leave”.

In addition, the poster has added a disclaimer stating that an employee unable to work due to a compensable Workers Compensation injury is no longer eligible for serious health care leave.

Although family leave is unpaid, employees are entitled to use any accrued sick or other paid leave under the program, in addition to any accrued paid vacation leave listed on the previous notice.

The Oregon OSHA poster has changed the time period to 30 days for filing a complaint with federal OSHA of discrimination by an employer for making safety and health complaints. The previous poster stated that employees could file such a complaint with either the Oregon Bureau of Labor or federal OSHA within 90 days.

Revised Minimum Wage, Independent Contractor Criteria Posters Issued for New Hampshire

News Release from the Poster Compliance Center Research Dept.

Revised labor law posters that include new requirements for youth employment and additional criteria that must be met before a person is exempt from being considered an “employee” have been issued by the New Hampshire Department of Labor.

The revised New Hampshire Minimum Wage Law poster now states that a written document for parents of a 16 or 17-year-old employee shall be on file at a worksite prior to the first day of employment. The previous notice stated only that an employer “maintains” such documentation.

In addition, the revised minimum wage poster has an added provision that written parental permission for employment is not needed for any 16 or 17-year-old youth who has graduated from high school or obtained a general equivalency diploma.

The Criteria to Establish an Employee or Independent Contactor poster has also been revised to include a number of new requirements for anyone to be considered exempt
from the definition of “employee” as set by New Hampshire labor statutes.

Persons who provide services as part of a residential placement for anyone with certain disabilities have been added to a list of those considered exempt from the definition of an employee.

Seven new items have also been added to the list of criteria, all of which must be met for a person to be exempt from the definition of “employee” in New Hampshire.

Tuesday, January 15, 2008

Whistleblower, Payment of Wages Labor Law Posters Revised for New Jersey

News Release from the Poster Compliance Center Research Dept.

The mandatory Conscientious Employee Protection Act (Whistleblower Act) labor law poster for New Jersey has been revised to include new contact information for employees filing a complaint about potentially fraudulent or criminal activity within their company.

In addition, the mandatory New Jersey Payment of Wages notice has been revised to include a disclaimer regarding the legal status of workers.

The revised whistleblower poster now states that the role of a designated contact person within a company has been limited to receiving written notifications from employees about possible illegal activity.

The previous whistleblower poster stated that this contact person had been designated to answer questions or provide information regarding an employee’s rights and responsibilities under the Conscientious Employee Protection Act program.

The revised Payment of Wages poster has an added disclaimer stating that the New Jersey Department of Labor does not investigate or inquire into the legal status of any worker.

The poster also been revised to state that the Department applies New Jersey labor laws regardless of a worker’s legal status and does not share information with “Immigration”.

Missouri Revises Labor Law Poster to Include Minimum Wage Increase

News Release from the Poster Compliance Center Research Dept.

A revised Missouri labor law poster includes an increase in the state’s minimum wage from $6.50 per hour to $6.65 per hour effective Jan. 1, 2008.

The minimum wage in Missouri increases or decreases on January 1 each year based on any change in the cost of living as measured by the Consumer Price Index. The minimum wage law does not apply to retail or service businesses with annual sales of less than $500,000.

Missouri’s minimum wage for tipped employees has also been increased – from $3.25 per hour to $3.325 per hour. Employers are required to pay tipped employees at least 50 percent of the minimum wage.

Wording has also been changed in a section of the minimum wage poster regarding overtime compensation. The poster states that the requirement applies to a “covered employee” rather than “employee” in the previous version.

The Missouri Department of Labor has informed employers that although a minimum wage notice is not required by law, they must post a summary of the law. The poster issued by the Department’s Division of Labor Standards meets that requirement.

Thursday, January 3, 2008

Increased Minimum Wage Included in Revised Washington Labor Law Poster

News Release from the Poster Compliance Research Dept.

Washington has increased its minimum wage from $7.93 per hour to $8.07 per hour effective Jan. 1, 2008. The new minimum wage is included in a workplace notice issued by the Washington Department of Labor and Industries.

The minimum wage rate for workers age 14 or 15, which is 85 percent of the state minimum wage, will increase from $6.74 to $6.86 per hour on January 1.

The Department of Labor and Industries recalculates the state’s minimum wage each year in September as required by Initiative 688, which was approved by Washington voters in 1998. That law requires an adjustment in the state’s minimum wage every January 1 based on the federal Consumer Price Index.

New Minimum Wage in Revised Arizona Labor Law Poster

Arizona has a new minimum wage of $6.90 per hour, effective Jan. 1 through Dec. 31, 2008, as a result of the passage of Proposition 202 by state voters on Nov. 7, 2006.

The new minimum wage is included in a mandatory workplace notice issued by the Industrial Commission of Arizona. The minimum wage rate in effect from Jan. 1 to Dec. 31, 2007 was $6.75 per hour.

The minimum wage law approved by Arizona voters calls for an increase in the minimum hourly rate for state workers every January 1 based on the cost of living. Before 2007, Arizona had enforced the federal minimum wage rate, which was $5.15 per hour at that time.