Labor Law Blog

Protected Categories Added to Revised Colorado Anti-Discrimination Poster

2008-06-19T11:53:00.000-07:00

Sexual orientation has been added as a category that is protected from discrimination in the areas of housing and public accommodations in a revised mandatory labor law poster issued by the Colorado Department of Regulatory Agencies.

Sexual orientation was already included as a protected category in the area of employment on the previous anti-discrimination poster.

In addition, “retaliation for engaging in protected activity” has been added as a protected category in all three areas (employment, housing and public accommodation) on the revised poster.

Revised Nevada Labor Law Poster Includes Increase in Minimum Wage

2008-06-19T11:52:00.000-07:00

An increase in Nevada’s minimum wage to $5.85 per hour with health benefits or $6.85 without health benefits, effective July 1, 2008, is included in a revised mandatory labor law poster issued by the state’s Labor Commissioner’s office.

The changes in the “Rules to be Observed by Employers” poster reflect an annual increase in Nevada’s minimum wage rate that is recalculated each year on July 1. The previous minimum wage rates were $5.30 per hour with health benefits and $6.33 without health benefits.

New Minimum Wage Rate Included in Revised Maine Labor Law Poster

2008-06-19T11:49:00.000-07:00

An increase in Maine’s minimum wage from $7.00 per hour to $7.25 per hour, effective Oct. 1, 2008, is included in a revised mandatory labor law poster issued by the state’s Department of Labor.

Another increase in Maine’s minimum wage – to $7.50 per hour on Oct. 1, 2009 – is also included on the required poster.

In addition, two categories have been eliminated from a section of the poster that lists those employees who are exempt from minimum wage and overtime provisions of the law. These changes go into effect on July 17, 2008.

Employees in domestic service in private homes, if they are employed by the resident or family of the resident, are no longer exempt from the state’s minimum wage and overtime requirements.

Those employed by public-supported nonprofit organizations or educational nonprofit organizations are also no longer exempt from being paid the minimum wage and overtime.

Employees of hotels, motels, restaurants and other eating establishment are no longer exempt from overtime.

New Minimum Wage Rates Included on Revised Illinois Labor Law Poster

2008-06-19T11:47:00.000-07:00

Illinois has issued a revised labor law poster that includes an increase in the state’s minimum wage from $7.50 per hour to $7.75 per hour, effective July 1, 2008.

The new rate was not on the previous minimum wage poster, although there was a sentence explaining future increases. A sentence stating that the Illinois minimum wage will increase by another 25 cents per hour on July 1, 2009 and 2010 is on the revised poster.

The minimum wage rates as of July 1, 2008 for those under 18 years of age ($7.25 per hour or $4.35 per hour with tips) are listed on the revised poster. Those new rates were not on the previous poster and there was no information about them.

The new minimum wage rate with a 40 percent tip credit ($4.65 per hour as of July 1, 2008) is also included on the revised poster.

Updated Michigan Minimum Wage Poster Reflects Changes in Minor Rates

2008-05-01T14:09:00.000-07:00

An updated Michigan Minimum Wage Law poster includes new language reflecting two changes in the lowest wage that must be paid to minors 16 and 17 years of age.

The mandatory poster issued by the Michigan Department of Labor & Economic Growth now states that minors must be paid at least $6.29 per hour between July 1, 2008 and July 23, 2008, and $6.55 per hour as of July 24.

The $6.29 rate is based on a requirement that minors be paid at least 85 percent of the state’s minimum wage, which increases from $7.15 per hour to $7.40 per hour on July 1. Minors must be paid a minimum wage of $6.08 per hour until July 1.

Another change in the minimum wage for minors will occur on July 24, when the federal minimum wage increases from $5.85 per hour to $6.55 per hour.

Michigan employers will need to pay minors the federal minimum wage as of July 24 since it is higher than the $6.29 per hour rate in effect from July 1 to July 23. That new $6.55 rate is also included on the updated minimum wage poster.

Revised Ohio Equal Employment Poster Includes Military Status as Protected Class

2008-04-02T10:54:00.000-07:00

News Release from the Poster Compliance Center Research Dept.

A revised Ohio Equal Employment poster now includes “military status” in a list of protected classes as a result of a new law that went into effect on March 24, 2008.

The mandatory poster, issued by the Ohio Civil Rights Commission, has been completely revised. Wording in the title of the poster has been changed from “Fair Employment” to “Equal Employment Opportunity”.

Included in the changes for the revised poster are new “Harassment” and “Retaliation” sections. In a new “Enforcement” section, a time limit has been added for filing complaints (within six months).

The protected class of “sex” has been changed to “sex and pregnancy” on the poster, while the protected class of “age” now includes the criteria “40 years of age or older”.

In addition, educational institutions are now included as being subject to the Ohio Civil Rights Act. The previous poster referred to the Ohio Fair Employment Practices Law.

Other changes on the poster include an expansion of the areas of employment in which discrimination is prohibited and new information about prohibited forms of employment discrimination.

A map showing the location of Ohio Civil Rights Commission regional offices and a list of their addresses and phone numbers have been eliminated from the revised poster.

Revised Nevada Unemployment Insurance Poster Includes Online Filing Option

2008-04-02T10:50:00.000-07:00

News Release from the Poster Compliance Center Research Dept.

A revised mandatory Nevada Unemployment Insurance poster includes a new website address for those wanting to file for benefits over the Internet.

In addition, employment services are now provided by Nevada JobConnect instead of Nevada Job Link.

The new website for filing claims online is included as an option along with three phone numbers for the state’s Telephone Claim Center. The Nevada JobConnect logo has also been added to the poster.

New language in the poster states that instead of registering for employment by reporting to the nearest Nevada Job Link office, applicants should request these services from the nearest JobConnect career center. They can also find the information online at the new website listed on the poster.

Revised Unemployment Insurance Poster Issued for New Hampshire

2008-04-02T10:42:00.000-07:00

News Release from the Poster Compliance Center Research Dept.

A revised New Hampshire labor law poster includes new language affirming that the state’s Employment Security department is an Equal Opportunity Employer.

The mandatory Unemployment Notice also includes language clarifying the fact that employers pay the tax that is deposited in the Unemployment Compensation Trust Fund from which benefits are paid.

In addition, a new website address is listed for anyone wishing to file an unemployment insurance claim over the Internet. A TTY/TDD Access number has also been added to the revised poster.

Revised Maryland Employment Discrimination Poster Includes New Categories

2008-02-26T12:56:00.000-08:00

News Release from the Poster Compliance Center Research Dept.

A revised labor law poster that includes new categories for which a qualified person cannot be denied a job has been issued by the Maryland Commission on Human Relations.

The mandatory poster now states that a qualified person cannot be denied employment in Maryland for 10 specific reasons, including “religion” and “disability”.

The previous poster stated that a person could not be denied employment because of their “creed” or “physical or mental disability”.

In addition, the revised poster now states that employment discrimination in Maryland is “unlawful”. The previous poster stated that such discrimination was “illegal”.

There are also changes in the wording of the poster in a section outlining unlawful discriminatory practices for employment agencies and newspapers. A local phone number has been added to the poster.

Revised Louisiana Earned Income Credit Poster Includes New Eligibility Requirements

2008-02-26T12:55:00.000-08:00

News Release from the Poster Compliance Center Research Dept.

A revised mandatory labor law poster issued by the Louisiana Department of Labor includes new eligibility requirements for employees who wish to sign up for the federal Earned Income (EIC) program.

Earned Income Credits are reductions in federal income tax liability for which employees may be eligible if they meet certain requirements.

The Louisiana Earned Income Credit poster has been updated for 2008 to include a new section giving specific income limits for employees depending on the number of children they have.

The poster issued by the Louisiana Department of Labor also includes a new requirement that employees must have valid Social Security numbers to be eligible for advance Earned Income Credit payments.

Revised Alabama Child Labor Laws Poster Includes Both State and Federal Requirements

2008-02-26T12:54:00.000-08:00

News Release from the Poster Compliance Center Research Dept.

A revised labor law poster issued by the Alabama Department of Labor includes new language that incorporates both state and federal requirements for employers hiring youths in the state.

The mandatory workplace poster titled “Youth Rules!” has been rewritten in a question and answer format that includes “What Jobs Can I Do?” and “When Can I Work?” sections.

The poster provides answers to these questions for specific age groups based on both state and federal laws. The stricter laws regarding youth employment are shown in italics on the poster.

Included in the poster are new employment restrictions for children 13 or younger and new information on work hours for minors 16 years and older. Sections regarding jobs on premises serving alcoholic beverages and inspections by the Department of Labor have also been removed.

In addition, contact information for the federal Department of Labor’s Wage and Hour Division has been added to the poster.

Family and Medical Leave Act Changes for First Time in 15 Years

2008-02-01T14:28:00.000-08:00

February 1, 2008 — The Family and Medical Leave Act of 1993 (FMLA) has changed for the first time in 15 years.

The U.S. Department of Labor has confirmed that the required FMLA poster will be revised to reflect the changes in the law. We will update our federal poster as soon as the Wage and Hour Division issues the new version of the FMLA notice, which is currently being developed.

The FMLA notice must be posted by all covered employers, which means those with 50 or more employees, as well as public agencies and elementary and secondary schools regardless of the number of employees.

On January 28, 2008, President Bush signed HR 4986, the National Defense Authorization Act for FY 2008, which includes a section that expands the FMLA for military service members.

Section 585 of the National Defense Authorization Act (NDAA) legislation amends the FMLA to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.”

The provisions providing this leave went into effect on the date the President signed the bill into law, according to the U.S. Department of Labor website.

Another FMLA provision in the NDAA permits an employee to take FMLA leave for “any qualifying exigency” related to the fact that the spouse or a son, daughter, or parent “is on active duty in the Armed Forces in support of a contingency operation”. This provision is not effective until the Secretary of Labor issues final regulations with a definition of “any qualifying exigency”.

You can order our updated federal poster to stay in compliance with the FMLA change OR you can choose the permanent solution favored by many HR managers -- our 1-Year Compliance Protection plan.

For further information about the changes to the FMLA, you can go to the U.S. Department of Labor website at www.dol.gov/esa/whd/fmla/NDAA_fmla.htm.

Revised New York Human Rights Poster Includes New Disability Requirements

2008-01-28T12:38:00.000-08:00

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

2008-01-28T12:36:00.000-08:00

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.

Minimum Wage, Family Leave, OSHA Posters Revised for Oregon

2008-01-18T11:11:00.000-08:00

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

2008-01-18T11:08:00.000-08:00

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.

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

2008-01-15T13:10:00.000-08:00

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

2008-01-15T13:09:00.000-08:00

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.

Increased Minimum Wage Included in Revised Washington Labor Law Poster

2008-01-03T11:29:00.000-08:00

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

2008-01-03T11:24:00.000-08:00

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.

Major Labor Law Changes in January 2008

2007-11-08T13:45:00.000-08:00

As of today 10 states have already announced that they will have major changes in their state poster requirements effective Jan. 1, 2008.

New Mexico has a new minimum wage as of Jan. 1, 2008, and the minimum wage will be adjusted for inflation every January 1 in Arizona, Colorado, Florida, Missouri, Nevada, Ohio, Oregon and Vermont. Washington is also changing, although its minimum wage poster is recommended rather than required.

All of these states will issue revised minimum wage notices before the end of the year. If you have a business in any of these states—or if you do not have a federal poster with the new federal minimum wage on it – you will need to update your posters.

You can order an all-on-one state or federal poster or subscribe to Poster Compliance Center’s 1-Year Compliance Protection Plan with unlimited updates sent automatically whenever laws change.

Federal Minimum Wage Update

2007-11-07T09:50:00.000-08:00

On July 24th the federal minimum wage increased for the first time in 10 years! Not only is it mandatory for employers to conspicuously display up-to-date labor law posters, it also helps protect them from disgruntled employees or frivolous employee lawsuits.

All employers with even 1 employee covered by the minimum wage provisions of the Fair Labor Standards Act are now required to post the new federal minimum wage poster. It does not matter if your state has a higher minimum wage or if you pay all of your employees more than the minimum wage – you are still required to update your federal minimum wage poster.

Furthermore, if your state has had recent changes to its minimum wage notice (as many have, such as Arizona, California, Colorado, Delaware, Florida, Idaho, Illinois, Iowa, Kentucky, Massachusetts, Michigan, Missouri, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Vermont, etc.), you also need to post an updated state minimum wage notice.

If you have not updated your posters yet, you can order an all-on-one federal poster (and a state poster if necessary) or subscribe to Poster Compliance Center’s 1-Year Compliance Protection Plan and take the worry out of staying in compliance!