Wednesday, September 24, 2008
CA Increases Effort to Address Illegal Operations in Small Business
As part of an ongoing effort to address illegal operations in the underground economy, officials with the State Division of Labor Standards Enforcement (Labor Commissioner's Office) carried out a three-day August enforcement sweep by visiting 97 carwashes in Northern California.
Fifty-four of the carwash businesses were issued citations resulting in fines totaling more than $521,000, and thirty of them received work-stop notices until they can provide workers' compensation insurance for their employees and comply with labor laws, including:
l Providing work permits for minors
l Providing employees with an itemize wage deduction statement
l Paying overtime wages
l Paying the annual registration with the commissioner’s office
l Providing workers’ compensation coverage
“Our efforts are directed at illegally operating carwash businesses as part of the underground economy,” said California Labor Commissioner Angela Bradstreet. “These illegal operations have a negative impact on our state’s economy, do not provide the protection workers are legally afforded, and have an unfair advantage over competitors who do follow the law.”
A similar action in July investigated 72 businesses, netted 47 violations, and fined 28 of them, totaling $356,200 in fines to car washes in Los Angeles and Orange counties.
This action suggests that the Department of Labor Standards Enforcement may target other small businesses in the near future, in an effort to uncover unlicensed, illegal businesses in other industries.
“We will continue to strengthen our efforts in addressing these types of violations that are typically associated with the underground economy,” added Bradstreet.
Fifty-four of the carwash businesses were issued citations resulting in fines totaling more than $521,000, and thirty of them received work-stop notices until they can provide workers' compensation insurance for their employees and comply with labor laws, including:
l Providing work permits for minors
l Providing employees with an itemize wage deduction statement
l Paying overtime wages
l Paying the annual registration with the commissioner’s office
l Providing workers’ compensation coverage
“Our efforts are directed at illegally operating carwash businesses as part of the underground economy,” said California Labor Commissioner Angela Bradstreet. “These illegal operations have a negative impact on our state’s economy, do not provide the protection workers are legally afforded, and have an unfair advantage over competitors who do follow the law.”
A similar action in July investigated 72 businesses, netted 47 violations, and fined 28 of them, totaling $356,200 in fines to car washes in Los Angeles and Orange counties.
This action suggests that the Department of Labor Standards Enforcement may target other small businesses in the near future, in an effort to uncover unlicensed, illegal businesses in other industries.
“We will continue to strengthen our efforts in addressing these types of violations that are typically associated with the underground economy,” added Bradstreet.
Labels: California
Monday, September 22, 2008
OSHA sets public hearing on personal protective equipment and employee training requirements
In order to receive comments on its proposal aiming to clarify the remedies avaiable for violations of its personal protective equipment (PPE) and employee training requirements, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) will hold a public hearing on October 6 and 7 at the U.S. Department of Labor’s Frances Perkins Building of Washington, D.C.
PPE and training standards impose a separate compliance duty to each employee covered by the PPE or training requirements
An employer who violates one of these provisions commits a separate violation. In this proposal, OSHA seeks to amend its PPE and training standards to clarify the nature of the employer’s obligation to each employee. The proposal also aim at conforming with the language that the Occupational Safety and Health Review Commission has approved as the basis for per-employee citations.
PPE and training standards impose a separate compliance duty to each employee covered by the PPE or training requirements
An employer who violates one of these provisions commits a separate violation. In this proposal, OSHA seeks to amend its PPE and training standards to clarify the nature of the employer’s obligation to each employee. The proposal also aim at conforming with the language that the Occupational Safety and Health Review Commission has approved as the basis for per-employee citations.
Labels: DOL
Wednesday, September 17, 2008
Mandatory Commuter Benefits in San Francisco
Late last month, San Francisco supervisors passed a new ordinance that requires employers to make mass transit part of an employee's benefits package. Commuters who take the bus, train, ferry, or vanpool to work could be saving up to 40 percent on their commuting expenses.
The new law is called the "commuter benefits ordinance," which requires all employers with 20 or more employees to provide commuter benefits to encourage their employees to use public transit or vanpools.
A covered employee is an employee who performed an average of at least 10 hours of work per week for the same employer within the previous calendar month, and qualifies as an employee entitled to payment of a minimum wage from the employer under the California minimum wage law, or is a participant in a Welfare-to-Work program.
Covered employers must do one of the following three things:
1. Allow employees to pay for mass transit on a pre-tax basis, up to the maximum level allowed by federal law (currently $115);
2. Pay for employees' transportation to and from work;
3. Provide transportation at no cost to employees in a vanpool or bus, or similar multi-passenger vehicle.
Commuter benefits encourage people to use transit and vanpools to get to work. This helps to relieve traffic congestion and reduce air pollution.
The law will become effective in December 2008. Thousands of employers in San Francisco and across the country are already offering commuter benefits, covering approximately 30,000 employees.
The new law is called the "commuter benefits ordinance," which requires all employers with 20 or more employees to provide commuter benefits to encourage their employees to use public transit or vanpools.
A covered employee is an employee who performed an average of at least 10 hours of work per week for the same employer within the previous calendar month, and qualifies as an employee entitled to payment of a minimum wage from the employer under the California minimum wage law, or is a participant in a Welfare-to-Work program.
Covered employers must do one of the following three things:
1. Allow employees to pay for mass transit on a pre-tax basis, up to the maximum level allowed by federal law (currently $115);
2. Pay for employees' transportation to and from work;
3. Provide transportation at no cost to employees in a vanpool or bus, or similar multi-passenger vehicle.
Commuter benefits encourage people to use transit and vanpools to get to work. This helps to relieve traffic congestion and reduce air pollution.
The law will become effective in December 2008. Thousands of employers in San Francisco and across the country are already offering commuter benefits, covering approximately 30,000 employees.
Labels: Commuter Benefits
Drug-Free Work Week for This Year
Recently the U.S. Department of Labor announced that this year's national Drug-Free Work Week would take place Oct. 20 through 26.
Drug-Free Work Week, a time to reinforce the importance of working drug free in positive and proactive ways, is a dedicated time each year to highlight the benefits that drug-free workplace programs bring to employers, workers and communities. It is also a time to work toward making every week a drug-free workweek.
Now in its third year, the annual campaign is a collaborative effort organized by the Department of Labor, members of its Drug-Free Workplace Alliance and other public and private sector groups dedicated to safe and healthy workplaces. All employers and employees are encouraged to participate in recognizing Drug-Free Work Week.
Drug-Free Work Week can help prevent accidents and make workplaces safer, improve productivity and reduce costs, and encourage people with alcohol and drug problems to seek help.
"Drug-Free Work Week is a good time to remind employers and employees that reducing workplace substance abuse is a crucial part of keeping workers safe," said Elena Carr, drug policy coordinator at the Department of Labor. "Of course, in a safe and healthful workplace, every week should be drug free."
Drug-Free Work Week, a time to reinforce the importance of working drug free in positive and proactive ways, is a dedicated time each year to highlight the benefits that drug-free workplace programs bring to employers, workers and communities. It is also a time to work toward making every week a drug-free workweek.
Now in its third year, the annual campaign is a collaborative effort organized by the Department of Labor, members of its Drug-Free Workplace Alliance and other public and private sector groups dedicated to safe and healthy workplaces. All employers and employees are encouraged to participate in recognizing Drug-Free Work Week.
Drug-Free Work Week can help prevent accidents and make workplaces safer, improve productivity and reduce costs, and encourage people with alcohol and drug problems to seek help.
"Drug-Free Work Week is a good time to remind employers and employees that reducing workplace substance abuse is a crucial part of keeping workers safe," said Elena Carr, drug policy coordinator at the Department of Labor. "Of course, in a safe and healthful workplace, every week should be drug free."
Labels: Drug-Free Work Week
National Job Losses Hit 5-Year High
The national unemployment rate hit a 5-year high of 6.1 percent in August, up from 5.7 percent in July, the Bureau of Labor Statistics of the U.S. Department of Labor reported on Sep. 5. According to the Bureau of Labor Statistics (BLS), workers classified as unemployed rose by 592,000 to 9.4 million in August, over two million more than a year ago.
Although some hiring was reported in government, education and healthcare, those gains were eclipsed by losses in: manufacturing and employment services, which cut 53,000 jobs; retail, which cut 20,000 jobs; construction, which cut 8000 jobs; and leisure and hospitality, which cut 4000 jobs.
The number of long-term unemployed – those jobless for 27 weeks or more -- rose by 163,000 to 1.8 million, an increase of 589,000 over the past 12 months. The newly unemployed -- those who were jobless fewer than 5 weeks -- rose by 400,000 in August.
"Over the past 12 months, the number of unemployed persons has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points, with most of the increase occurring over the past four months," the BLS report said.
"This thing is just lingering. It's almost like a storm that comes ashore and just kind of sits there," said Ken Goldstein, an economist with the Conference Board, a New York-based group that publishes indices of consumer sentiment. "We've seen declines every month, all year long, right through August. But the declines have started to intensify, and that will continue through the end of the year, very likely into the first months of 2009."
Although some hiring was reported in government, education and healthcare, those gains were eclipsed by losses in: manufacturing and employment services, which cut 53,000 jobs; retail, which cut 20,000 jobs; construction, which cut 8000 jobs; and leisure and hospitality, which cut 4000 jobs.
The number of long-term unemployed – those jobless for 27 weeks or more -- rose by 163,000 to 1.8 million, an increase of 589,000 over the past 12 months. The newly unemployed -- those who were jobless fewer than 5 weeks -- rose by 400,000 in August.
"Over the past 12 months, the number of unemployed persons has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points, with most of the increase occurring over the past four months," the BLS report said.
"This thing is just lingering. It's almost like a storm that comes ashore and just kind of sits there," said Ken Goldstein, an economist with the Conference Board, a New York-based group that publishes indices of consumer sentiment. "We've seen declines every month, all year long, right through August. But the declines have started to intensify, and that will continue through the end of the year, very likely into the first months of 2009."
Labels: National Job Losses
Friday, September 12, 2008
Alaska Worker Safety—Cranes in the Workplace
A number of serious crane accidents in New York and across the country have prompted a review of crane safety in many states. As a result, the Alaska state Labor Commission has been focusing recently on safety regulations regarding the use of cranes in the workplace.
“These crane accidents illustrate the importance of crane and jobsite safety. In Alaska, we have not had a crane-related fatality for several years and I intend to keep it that way with a proactive safety effort,” the Alaska Labor Commissioner Click Bishop says. “We ask all employers who use cranes to review crane lifting and safety policies, check cranes for mechanical integrity, and ensure crane operators are qualified and use the appropriate safety procedures.”
This means that more safety inspections, including stronger enforcement of existing regulations and penalties for any violations, will be added to the regulations.
Alaska Occupational Safety and Health regulations require that employers must give employees who operate cranes appropriate training, and make sure the crane operators are physically capable of the task.
“These crane accidents illustrate the importance of crane and jobsite safety. In Alaska, we have not had a crane-related fatality for several years and I intend to keep it that way with a proactive safety effort,” the Alaska Labor Commissioner Click Bishop says. “We ask all employers who use cranes to review crane lifting and safety policies, check cranes for mechanical integrity, and ensure crane operators are qualified and use the appropriate safety procedures.”
This means that more safety inspections, including stronger enforcement of existing regulations and penalties for any violations, will be added to the regulations.
Alaska Occupational Safety and Health regulations require that employers must give employees who operate cranes appropriate training, and make sure the crane operators are physically capable of the task.
Labels: Alaska
Thursday, September 11, 2008
Employers Comment On Proposed 401k Regulations
The US Department of Labor recently announced stricter rules for employers to follow in informing workers of various options. These regulations will become final on January 1, 2009. The proposed regulations were published in the Federal Register on July 23, 2008.
The new regulations are mainly about reporting of fees, expenses and investment options for 401k and other savings-based retirement plans. The plans currently cover more than 65 million employees.
Employers can comment on the new regulations regarding 401k and other retirement savings plans. They can send their comments by email to the US Department of Labor, Employee Benefits Security Administration, Room N-5655, 200 Constitution Avenue NW, Washington D.C. 20210, Attention: Participant Fee Disclosure Project.
“Our proposal is consistent with public consensus that workers need clear and concise information, not dozens of pages of ‘legalese,’ about the investment options available under their plans, and that they would benefit greatly from having that information in a comparative format,” said US Secretary of Labor Elaine L. Chao. “One of the department’s top priorities is improved disclosure to workers that will give them the information they need to make informed investment decisions.”
The new regulations are mainly about reporting of fees, expenses and investment options for 401k and other savings-based retirement plans. The plans currently cover more than 65 million employees.
Employers can comment on the new regulations regarding 401k and other retirement savings plans. They can send their comments by email to the US Department of Labor, Employee Benefits Security Administration, Room N-5655, 200 Constitution Avenue NW, Washington D.C. 20210, Attention: Participant Fee Disclosure Project.
“Our proposal is consistent with public consensus that workers need clear and concise information, not dozens of pages of ‘legalese,’ about the investment options available under their plans, and that they would benefit greatly from having that information in a comparative format,” said US Secretary of Labor Elaine L. Chao. “One of the department’s top priorities is improved disclosure to workers that will give them the information they need to make informed investment decisions.”
Labels: DOL
Wednesday, September 10, 2008
Florida Gets DOL Emergency Grant
On Aug 25, 2008, The U.S. Department of Labor announced a $20 million grant to the state of Florida to create temporary jobs in the wake of Tropical Storm Fay.
On August 21, the Federal Emergency Management Agency (FEMA) declared all 67 Florida counties as eligible for FEMA’s Public Assistance program.
“This $20 million grant will provide Floridians with temporary jobs assisting in disaster relief and clean-up efforts to help communities recover from the record amounts of rain that fell as a result of Tropical Storm Fay,” said Secretary of Labor Elaine L. Chao.
It will provide approximately 6,500 temporary jobs for cleanup and recovery efforts on public property and humanitarian aid. The Department of Labor made $8 million available immediately to the state's Agency for Workforce Innovation, and additional funds up to the amount approved will be made available as the state demonstrates a continued need for disaster assistance.
The grant also will support disaster recovery centers that provide food, clothing, shelter and other types of humanitarian assistance. Two centers have been opened in Brevard County, and others will be added as needed throughout the state.
On August 21, the Federal Emergency Management Agency (FEMA) declared all 67 Florida counties as eligible for FEMA’s Public Assistance program.
“This $20 million grant will provide Floridians with temporary jobs assisting in disaster relief and clean-up efforts to help communities recover from the record amounts of rain that fell as a result of Tropical Storm Fay,” said Secretary of Labor Elaine L. Chao.
It will provide approximately 6,500 temporary jobs for cleanup and recovery efforts on public property and humanitarian aid. The Department of Labor made $8 million available immediately to the state's Agency for Workforce Innovation, and additional funds up to the amount approved will be made available as the state demonstrates a continued need for disaster assistance.
The grant also will support disaster recovery centers that provide food, clothing, shelter and other types of humanitarian assistance. Two centers have been opened in Brevard County, and others will be added as needed throughout the state.
Labels: Florida
Saturday, September 06, 2008
U.S. Department of Labor Announces $3.5 Million Grants to Illinois
The U.S. Department of Labor announced that a $3,500,000 grant will be sent to the state of Illinois to create about 200 temporary jobs to assist in cleanup and recovery efforts because of recent storms and flooding.
"This $3.5 million grant will boost cleanup and recovery efforts in Illinois and provide funds for humanitarian assistance for residents who have suffered storm and flooding damage," said Secretary of Labor Elaine L. Chao.
On June 24, the Federal Emergency Management Agency (FEMA) declared the some counties in Illinois eligible for FEMA's Public Assistance Program, which are as follows: Adams, Calhoun, Clark, Coles, Crawford, Hancock, Henderson, Jasper, Lawrence, Mercer, Pike and Rock Island.
The grant which is awarded to the Illinois Department of Workforce Development, will be used to provide temporary employment on projects for the cleanup, repair, renovation and reconstruction of damaged public structures, facilities. Funds also will be used for projects that provide food, clothing, shelter and other types of humanitarian assistance for disaster victims.
"This $3.5 million grant will boost cleanup and recovery efforts in Illinois and provide funds for humanitarian assistance for residents who have suffered storm and flooding damage," said Secretary of Labor Elaine L. Chao.
On June 24, the Federal Emergency Management Agency (FEMA) declared the some counties in Illinois eligible for FEMA's Public Assistance Program, which are as follows: Adams, Calhoun, Clark, Coles, Crawford, Hancock, Henderson, Jasper, Lawrence, Mercer, Pike and Rock Island.
The grant which is awarded to the Illinois Department of Workforce Development, will be used to provide temporary employment on projects for the cleanup, repair, renovation and reconstruction of damaged public structures, facilities. Funds also will be used for projects that provide food, clothing, shelter and other types of humanitarian assistance for disaster victims.
Labels: Illinois
Friday, September 05, 2008
U.S. Department of Labor Working to Aid Recovery From Flooding And Tornadoes in The Midwest
The Department of Labor has announced various programs to help workers in the Midwest who suffered from the recent flooding and tornadoes.
"We want to make information easily accessible and help quickly available to Americans affected by the devastating flooding in the Midwest," said Secretary of Labor Elaine L. Chao. "In addition to our toll-free telephone number, we've set up a Midwest Flood Recovery Assistance Web page to guide affected residents on unemployment insurance, personal safety during cleanup operations, and many other helpful resources for workers and employers."
Many counties across the Midwest have been certified as disaster areas and are eligible for the FEMA’s Public Assistance Program.
The Department has awarded a $23,027,000 grant to create approximately 10,000 temporary jobs for eligible dislocated workers in Iowa, Indiana and Illinois. These jobs are funded by the NEG program.
Other impacted states can apply for NEG funds to be used for projects such as cleanup, demolition, renovation and reconstruction of public facilities and land. These funds can also be used for projects that employ workers to provide food, clothing, shelter and other humanitarian assistance for disaster victims.
"We want to make information easily accessible and help quickly available to Americans affected by the devastating flooding in the Midwest," said Secretary of Labor Elaine L. Chao. "In addition to our toll-free telephone number, we've set up a Midwest Flood Recovery Assistance Web page to guide affected residents on unemployment insurance, personal safety during cleanup operations, and many other helpful resources for workers and employers."
Many counties across the Midwest have been certified as disaster areas and are eligible for the FEMA’s Public Assistance Program.
The Department has awarded a $23,027,000 grant to create approximately 10,000 temporary jobs for eligible dislocated workers in Iowa, Indiana and Illinois. These jobs are funded by the NEG program.
Other impacted states can apply for NEG funds to be used for projects such as cleanup, demolition, renovation and reconstruction of public facilities and land. These funds can also be used for projects that employ workers to provide food, clothing, shelter and other humanitarian assistance for disaster victims.
Wednesday, September 03, 2008
New California Law about Wage and Hour
In early August, California Governor Schwarzenegger signed into law AB 2075, which modifies Labor Code section 206.5, and makes it a misdemeanor for an employer to require an employee, as a condition of payment of wages, to sign a statement of hours worked that the employer knows is false.
The new law goes into effect on January 1, 2009 and potentially exposes some employers to new liability.
Currently, Labor Code section 206.5 prohibits employers from requiring an employee to execute a release of wage claims, unless payment of the wages has been made. A violation of this provision invalidates the release agreement and is deemed a misdemeanor.
AB 2075 amends Labor Code Section 206.5 to include a subsection (b) by defining “execution of a release” as “requiring an employee, as a condition of being paid, to execute a statement of the hours he or she worked during a pay period which the employer knows to be false.”
Employers should review their employee release agreements and time keeping records for compliance with new Section 206.5(b), prior to its implementation on January 1, 2009.
The new law goes into effect on January 1, 2009 and potentially exposes some employers to new liability.
Currently, Labor Code section 206.5 prohibits employers from requiring an employee to execute a release of wage claims, unless payment of the wages has been made. A violation of this provision invalidates the release agreement and is deemed a misdemeanor.
AB 2075 amends Labor Code Section 206.5 to include a subsection (b) by defining “execution of a release” as “requiring an employee, as a condition of being paid, to execute a statement of the hours he or she worked during a pay period which the employer knows to be false.”
Employers should review their employee release agreements and time keeping records for compliance with new Section 206.5(b), prior to its implementation on January 1, 2009.
Labels: California
U.S. Department of Labor Sends Iowa $17 million Grant
The U.S. Department of Labor announced to provided Iowa with the remaining $11,127,000 of a $17 million National Emergency Grant to assist in the ongoing flood and tornado recovery efforts underway.
"Iowans will be working hard in the months ahead to repair the damage caused by these natural disasters and the department will continue to do everything we can to help," said Secretary of Labor Elaine L. Chao.
The grant which was awarded to the Iowa Workforce Development agency will provide funding to create temporary jobs to assist in cleanup, repair, renovation and reconstruction of damaged and destroyed public structures, facilities and lands within the affected communities. The grants also will be used for projects that provide food, clothing, shelter and other types of humanitarian assistance for disaster victims.
National Emergency Grants are part of the secretary of labor's discretionary fund and are awarded in accordance with a state's ability to meet specific guidelines.
"Iowans will be working hard in the months ahead to repair the damage caused by these natural disasters and the department will continue to do everything we can to help," said Secretary of Labor Elaine L. Chao.
The grant which was awarded to the Iowa Workforce Development agency will provide funding to create temporary jobs to assist in cleanup, repair, renovation and reconstruction of damaged and destroyed public structures, facilities and lands within the affected communities. The grants also will be used for projects that provide food, clothing, shelter and other types of humanitarian assistance for disaster victims.
National Emergency Grants are part of the secretary of labor's discretionary fund and are awarded in accordance with a state's ability to meet specific guidelines.
Sunday, August 31, 2008
Frequency of Payment To Temp Workers Changes in California
On July 22, California Governor Arnold Schwarzenegger signed into law Senate Bill 940, which will change payroll practices applicable to "temporary service" workers as defined in the statute.
The new law, effective January 1, 2009, clarifies the wage payment obligations of staffing firms doing business in California. The Labor Code amendment provides that the end of a temporary assignment is not a discharge from employment requiring immediate payment of wages. Instead, such employees may be paid on a weekly basis. Certain day laborers and labor dispute replacements must be paid daily. Temporary employees who are discharged from the staffing agency, or who are not eligible for reassignment, still must be paid immediately upon such termination, or within 72 hours of a voluntary resignation. There is an exception to the requirement--staffing firms are not required to pay weekly for employees on assignment in excess of 90 consecutive calendar days. The weekly payment requirement does not apply to these employees unless their employers pay them weekly.
The new law, effective January 1, 2009, clarifies the wage payment obligations of staffing firms doing business in California. The Labor Code amendment provides that the end of a temporary assignment is not a discharge from employment requiring immediate payment of wages. Instead, such employees may be paid on a weekly basis. Certain day laborers and labor dispute replacements must be paid daily. Temporary employees who are discharged from the staffing agency, or who are not eligible for reassignment, still must be paid immediately upon such termination, or within 72 hours of a voluntary resignation. There is an exception to the requirement--staffing firms are not required to pay weekly for employees on assignment in excess of 90 consecutive calendar days. The weekly payment requirement does not apply to these employees unless their employers pay them weekly.
Labels: California
Thursday, August 28, 2008
Texas Employers Obtain Hurricane Dolly Funds
Because Hurricane Dolly affected a large portion of Texas, the US Department of Labor has announced a $7,350,171 grant to Texas employers to create about 475 temporary jobs to assist in recovery efforts.
According to Secreteary of Labor Elaine L. Chao, “This $7.4 million grant will provide Texans with temporary jobs assisting in disaster relief and clean-up efforts to help communities recover from Hurricane Dolly damage.”
The funds will be awarded to 15 Texas counties, which include Aransas, Bexar, Brooks, Calhoun, Cameron, Hidalgo, Jim Wells, Kennedy, Kleberg, Nueces, Refugio, San Patricio, Starr, Victoria and Willacy.
The grant, which was awarded to the Texas Workforce Commission, will be used in the Gulf Coast counties to provide temporary employment on cleanup, repair, and reconstruction projects. The grant will also be used for projects that provide re-training services for those who have lost jobs.
According to Secreteary of Labor Elaine L. Chao, “This $7.4 million grant will provide Texans with temporary jobs assisting in disaster relief and clean-up efforts to help communities recover from Hurricane Dolly damage.”
The funds will be awarded to 15 Texas counties, which include Aransas, Bexar, Brooks, Calhoun, Cameron, Hidalgo, Jim Wells, Kennedy, Kleberg, Nueces, Refugio, San Patricio, Starr, Victoria and Willacy.
The grant, which was awarded to the Texas Workforce Commission, will be used in the Gulf Coast counties to provide temporary employment on cleanup, repair, and reconstruction projects. The grant will also be used for projects that provide re-training services for those who have lost jobs.
Labels: Texas
Tuesday, August 26, 2008
Declining in work Fatalities
According to the report of Bureau of Labor Statistics(BLS), the worker fatalities decline. In response to this report, Elaine L Chao, US Secretary of Labor issued the following statement.
"This is continued evidence that the initiatives and programs to protect workers' safety and health, designed by and implemented in this administration, are indeed working. In addition to a decline in the overall number of fatalities, the rate for 2007 declined to 3.7 fatalities per 100,000 workers. This is the lowest fatality rate in recorded OSHA history."
The BLS report showed that the number of worker fatalities has declined six percent since 2006. Final data will not be released until April 2009, but the preliminary figure that has already been stated is 5,488 fatal injuries for 2007 compared with 5,840 for 2006. Through this comparision, it is obvious that the worker fatalities will continue decline.
"This is continued evidence that the initiatives and programs to protect workers' safety and health, designed by and implemented in this administration, are indeed working. In addition to a decline in the overall number of fatalities, the rate for 2007 declined to 3.7 fatalities per 100,000 workers. This is the lowest fatality rate in recorded OSHA history."
The BLS report showed that the number of worker fatalities has declined six percent since 2006. Final data will not be released until April 2009, but the preliminary figure that has already been stated is 5,488 fatal injuries for 2007 compared with 5,840 for 2006. Through this comparision, it is obvious that the worker fatalities will continue decline.
Labels: BLS
Safety Equipment Regulations Updated
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently published a proposed rule to clarify the requirement for personal protective equipment and training for workers. Under the rule, each employee who is not protected will be considered as a separate violation. The item, which affects personal protective equipment (PPE) in general industry, maritime and construction trades, was published in the August 19 Federal Register.
OSHA regulations have long required employers to furnish PPE, such as work gloves, safety glasses or goggles, safety masks and other protective equipment to workers at no charge.
Under the previous regulations, in some cases, if 10 workers in a single location were found not to be using protective eyewear, the courts threw out 9 of the 10 OSHA citations and penalties, and only permitted one. However, the new regulations would require employers to pay all 10 fines. The proposed revisions are primarily concerned with PPE and training related to known health hazards, such as asbestos and lead.
Under the proposed changes, employers are still responsible for issuing personal protective equipment to all workers and ensuring that it is used; it will also ensure that OSHA has the necessary tools to assess higher penalties when safety inspectors deem it necessary.
The new rule does not impose any new PPE or training requirements, but simply gives OSHA the ability to enforce its existing rules more aggressively. OSHA is accepting public comments for 30 days, until September 18.
OSHA regulations have long required employers to furnish PPE, such as work gloves, safety glasses or goggles, safety masks and other protective equipment to workers at no charge.
Under the previous regulations, in some cases, if 10 workers in a single location were found not to be using protective eyewear, the courts threw out 9 of the 10 OSHA citations and penalties, and only permitted one. However, the new regulations would require employers to pay all 10 fines. The proposed revisions are primarily concerned with PPE and training related to known health hazards, such as asbestos and lead.
Under the proposed changes, employers are still responsible for issuing personal protective equipment to all workers and ensuring that it is used; it will also ensure that OSHA has the necessary tools to assess higher penalties when safety inspectors deem it necessary.
The new rule does not impose any new PPE or training requirements, but simply gives OSHA the ability to enforce its existing rules more aggressively. OSHA is accepting public comments for 30 days, until September 18.
Labels: OSHA
Thursday, August 21, 2008
Federal Child Labor Law Changes
The federal child labor laws have been strengthened by one aspect of the Genetic Information Nondiscrimination Act of 2008 (GINA) that was overlooked by many employers.
According to the amendment to the Fair Labor Standards Act, or FLSA, if employers violate federal child labor laws, the US Department of Labor can impose hefty fines. Under the Genetic Information Nondiscrimination Act, employers may be fined up to $100,000 for a child labor violation that results in the death or serious injury of a worker under 18 years of age .
Section 302 of GINA makes the maximum penalty for repeated violations of the FLSA child labor laws double, from $50,000 to $100,000. The US Department of Labor is charged with enforcing federal child labor laws, although many states also have their own laws or regulations regarding workers under the age of 18.
“We are pleased that the Congress has enacted the administration’s proposal to strengthen the nation’s child labor laws and to provide today’s teenagers with safe employment opportunities,” Secretary of Labor Elaine Chao said.
According to the amendment to the Fair Labor Standards Act, or FLSA, if employers violate federal child labor laws, the US Department of Labor can impose hefty fines. Under the Genetic Information Nondiscrimination Act, employers may be fined up to $100,000 for a child labor violation that results in the death or serious injury of a worker under 18 years of age .
Section 302 of GINA makes the maximum penalty for repeated violations of the FLSA child labor laws double, from $50,000 to $100,000. The US Department of Labor is charged with enforcing federal child labor laws, although many states also have their own laws or regulations regarding workers under the age of 18.
“We are pleased that the Congress has enacted the administration’s proposal to strengthen the nation’s child labor laws and to provide today’s teenagers with safe employment opportunities,” Secretary of Labor Elaine Chao said.
Labels: child labor
Wednesday, August 20, 2008
North Carolina Tipped Minimum Wage Decrease
In the state of North Carolina, the minimum wage for tipped employees has been reduced from $2.43 per hour to $2.13 per hour on July 24, 2008.
On July 24, 2008, the federal minimum wage has increased from $5.85 per hour to $6.55 per hour. At the same time, the minimum wage for tipped workers in North Carolina has been $2.13 per hour, 30 cents less than before.
According to the North Carolina Department of Labor, employers are permitted to take a tip credit of up to $4.42 per hour. That amount is unchanged when a worker puts in overtime. So a cash wage of at least $5.41 per hour must be paid to a tipped employee, when working overtime.If the employee averages less than $4.42 per hour in tips, the employer must make up the difference in cash wages.
It is surprising for any North Carolina employers to know that tipped workers are entitled to overtime pay when they work more than 40 hours per week. When a tipped employee works overtime, he or she must be paid 1.5 times the minimum wage of $6.55 per hour. That’s $9.83 per hour.
On July 24, 2008, the federal minimum wage has increased from $5.85 per hour to $6.55 per hour. At the same time, the minimum wage for tipped workers in North Carolina has been $2.13 per hour, 30 cents less than before.
According to the North Carolina Department of Labor, employers are permitted to take a tip credit of up to $4.42 per hour. That amount is unchanged when a worker puts in overtime. So a cash wage of at least $5.41 per hour must be paid to a tipped employee, when working overtime.If the employee averages less than $4.42 per hour in tips, the employer must make up the difference in cash wages.
It is surprising for any North Carolina employers to know that tipped workers are entitled to overtime pay when they work more than 40 hours per week. When a tipped employee works overtime, he or she must be paid 1.5 times the minimum wage of $6.55 per hour. That’s $9.83 per hour.
Labels: Carolina Minimum Wage
Tuesday, August 19, 2008
New Hampshire Minimum Wage Will Increase Again
On July 24, 2008, the federal minimum wage increased to $6.55 per hour. However, weeks after that, on September 1, 2008, the minimum wage in New Hampshire will increase again to $7.25 per hour. That’s an increase of 70 cents, and the final increase for the present.
As for employees who receive tips in occupations in restaurants, motels, inns, etc., they must be paid at least 45% of the state minimum wage by the employer. The remaining 55% of the minimum wage can be in the form of tips paid directly to them by customers. However, if the employees earn an insufficient amount in tips, their employers must pay the differences between the tipped wage and the minimum wage. This law applies to tipped employees of all ages.
On July 24, 2009, the federal minimum wage will increase again, to $7.25 per hour. The change won’t affect New Hampshire employers, however, because the state minimum wage will have been at that rate for 10 months already.
As for employees who receive tips in occupations in restaurants, motels, inns, etc., they must be paid at least 45% of the state minimum wage by the employer. The remaining 55% of the minimum wage can be in the form of tips paid directly to them by customers. However, if the employees earn an insufficient amount in tips, their employers must pay the differences between the tipped wage and the minimum wage. This law applies to tipped employees of all ages.
On July 24, 2009, the federal minimum wage will increase again, to $7.25 per hour. The change won’t affect New Hampshire employers, however, because the state minimum wage will have been at that rate for 10 months already.
Labels: New Hampshire minimum wage
Sunday, August 17, 2008
Minimum Wage Increase May Impact Small Businesses in West Texas
West Texas has one of the lowest unemployment rates in the nation. So if local businesses want to compete in the job market, they have to be more aggressive to get the sought-after employees.
Russell Johnson, Manager for La Casa Verde Nursery explains, "Well, it really hasn't had that much impact on us, because we have been paying starting employees at more than minimum wage for quite a while now." At any time, they have between 10 and 15 employees on the job.
"We do want to attract quality employees and we do realize our employees do have to make a living and they have families to feed and their expenses, whether it's gasoline or groceries have gone up, so we have to pay more than minimum wage and have for quite a while," Johnson said.
Trish Powell from the Better Business Bureau said the bigger businesses aren't feeling the increase in the minimum wage, but it will to some extent impact the small businesses. "They're going to be impacted the most because that will significantly stretch their budgeting, but they may have already be having problems with it anyways because of the need to hire people at such higher rates," she said.
But Powell also says the minimum wage increase was announced a long time ago, so it gave businesses time to prepare for it.
Russell Johnson, Manager for La Casa Verde Nursery explains, "Well, it really hasn't had that much impact on us, because we have been paying starting employees at more than minimum wage for quite a while now." At any time, they have between 10 and 15 employees on the job.
"We do want to attract quality employees and we do realize our employees do have to make a living and they have families to feed and their expenses, whether it's gasoline or groceries have gone up, so we have to pay more than minimum wage and have for quite a while," Johnson said.
Trish Powell from the Better Business Bureau said the bigger businesses aren't feeling the increase in the minimum wage, but it will to some extent impact the small businesses. "They're going to be impacted the most because that will significantly stretch their budgeting, but they may have already be having problems with it anyways because of the need to hire people at such higher rates," she said.
But Powell also says the minimum wage increase was announced a long time ago, so it gave businesses time to prepare for it.
Labels: Texas Minimum Wage
Colorado Minimum Wage to Increase
In the state of Colorado, the Denver-area inflation rate for the first half of this year was 3.7 percent, which was propelled by rising energy costs. It's not just another economic statistic: Thanks to a 2006 ballot issue, Colorado uses the measure to set the state's minimum wage.
Colorado’s minimum wage is currently $7.02 per hour. It will increase to $7.28 per hour on Jan. 1, the Rocky Mountain News calculates, based on the Colorado Department of Labor's rules. For tipped employees, like restaurant workers, the minimum wage will increase from $4 to $4.26 per hour.
A spokesman for the Colorado Department of Labor, Bill Thoennes, said the agency must consult with federal economists and conduct a rules hearing before formally announcing the change, which is based on the Denver-Boulder-Greeley Consumer Price Index; the index measures price increases from the first half of 2007 through the first half of 2008.
The federal Bureau of Labor Statistics calculates the local inflation rate. The bureau said energy prices, which include prices for vehicles and heating and cooling the home, rose 19 percent. In the prior year, energy costs actually declined 0.6 percent. Taking out the massive jump in energy costs, the CPI for Denver rose 2.6 percent.
The CPI increase means another round of cost increases for businesses, particularly for those small businesses, like restaurants. For instance, the wage for tipped employees will increase to $4.26 per hour, a 6.5 percent higher wage than the current $4 per hour.
Colorado’s minimum wage is currently $7.02 per hour. It will increase to $7.28 per hour on Jan. 1, the Rocky Mountain News calculates, based on the Colorado Department of Labor's rules. For tipped employees, like restaurant workers, the minimum wage will increase from $4 to $4.26 per hour.
A spokesman for the Colorado Department of Labor, Bill Thoennes, said the agency must consult with federal economists and conduct a rules hearing before formally announcing the change, which is based on the Denver-Boulder-Greeley Consumer Price Index; the index measures price increases from the first half of 2007 through the first half of 2008.
The federal Bureau of Labor Statistics calculates the local inflation rate. The bureau said energy prices, which include prices for vehicles and heating and cooling the home, rose 19 percent. In the prior year, energy costs actually declined 0.6 percent. Taking out the massive jump in energy costs, the CPI for Denver rose 2.6 percent.
The CPI increase means another round of cost increases for businesses, particularly for those small businesses, like restaurants. For instance, the wage for tipped employees will increase to $4.26 per hour, a 6.5 percent higher wage than the current $4 per hour.
Labels: Colorado Minimum Wage
Wednesday, August 13, 2008
Mandatory Sick Leave Bill Dies in Senate
On August 7th, the California Senate Appropriations Committee killed AB 2716, the mandatory sick leave bill, which would have made California the first state to require paid sick leave for all workers. The bill died amid opposition from business lobbyists and lawmaker concerned that the benefit was too costly.
Under AB 2716, sponsored by Assembly member Fiona Ma (D-San Francisco), workers would have received one hour of paid sick leave for every 30 hours worked. Employees of small companies in California would take up to five days of paid sick leave each year, while workers at larger firms would take up to nine.
A study by the National Federation of Independent Business Research Foundation had predicted that if the bill became law, it would cost 370,000 jobs in California and would burden employers with $4.6 billion in new costs over in five years.
Passed through the California Assembly in May, the Bill was skipped over this time, and failed to move forward. Ma, who modeled the bill after the city of San Francisco ordinance that passed in 2006, said “Currently five to six million workers in California do not have paid sick days, and that represents about 40 percent of the work force,” She also pledged to reintroduce the bill next year.
Under AB 2716, sponsored by Assembly member Fiona Ma (D-San Francisco), workers would have received one hour of paid sick leave for every 30 hours worked. Employees of small companies in California would take up to five days of paid sick leave each year, while workers at larger firms would take up to nine.
A study by the National Federation of Independent Business Research Foundation had predicted that if the bill became law, it would cost 370,000 jobs in California and would burden employers with $4.6 billion in new costs over in five years.
Passed through the California Assembly in May, the Bill was skipped over this time, and failed to move forward. Ma, who modeled the bill after the city of San Francisco ordinance that passed in 2006, said “Currently five to six million workers in California do not have paid sick days, and that represents about 40 percent of the work force,” She also pledged to reintroduce the bill next year.
Labels: California
On protecting retirement and investments of American workers
Elaine L. Chao, U.S. secretary of labor, and Christopher Cox, chairman of the U.S. Securities and Exchange Commission (SEC) have signed a Memorandum of Understanding(MOU) to protect the $5.8 trillion in retirement assets of American workers, retirees and their families. The two agencies are aiming to permanently establish their relationship in terms of sharing information on retirement and investment.
The MOU will make it easier for investors, benefit plan participants and plan administrators to get access to more readily understandable information, which will be helpful for them in making informed investment decisions.
There is a population of 117 million people in America who rely on private sector retirement plans. It is easy for those people to benefit from the MOU. "This further boosts the department's record-setting enforcement program that has won $11 billion in monetary results and more than 800 criminal indictments since 2001 on behalf of protecting workers' retirement savings,” said Secretery Chao.
Chairman Cox said, "With a growing number of seniors focused on managing their own 401(k) plans, it's important to improve disclosure to give them the information they need and in a form they can use. To accomplish this, the Department of Labor and the SEC are committed to coordinating closely on their behalf. This enhanced coordination of the SEC's investor protection efforts and the Department of Labor's regulatory responsibility for pensions and 401(k)s will greatly benefit the millions of hardworking Americans who are saving and investing for their retirement as well as those who have already retired."
Both agencies will designate points of contact in their regional offices for the sake of communication among staff on related matters. In addition, the agreement also encourages sharing of non-public information and other subjects of mutual interest between the two agencies.
The MOU will make it easier for investors, benefit plan participants and plan administrators to get access to more readily understandable information, which will be helpful for them in making informed investment decisions.
There is a population of 117 million people in America who rely on private sector retirement plans. It is easy for those people to benefit from the MOU. "This further boosts the department's record-setting enforcement program that has won $11 billion in monetary results and more than 800 criminal indictments since 2001 on behalf of protecting workers' retirement savings,” said Secretery Chao.
Chairman Cox said, "With a growing number of seniors focused on managing their own 401(k) plans, it's important to improve disclosure to give them the information they need and in a form they can use. To accomplish this, the Department of Labor and the SEC are committed to coordinating closely on their behalf. This enhanced coordination of the SEC's investor protection efforts and the Department of Labor's regulatory responsibility for pensions and 401(k)s will greatly benefit the millions of hardworking Americans who are saving and investing for their retirement as well as those who have already retired."
Both agencies will designate points of contact in their regional offices for the sake of communication among staff on related matters. In addition, the agreement also encourages sharing of non-public information and other subjects of mutual interest between the two agencies.
Labels: American Workers
Thursday, August 07, 2008
Most Workers in California Would Get Paid Sick Days
A report released last Wednesday by supporters of bill AB2716, which would require all California employers to provide paid time off for workers to care for themselves or family members, showed that as many as 5.4 million working Californians don't get any paid sick days, and they tend to be both sicker and poorer than employees who do receive sick leave.
"The more you need paid sick days, the less likely you are to have them," said Dr. Rajiv Bhatia, one of the contributors to the report and the director of occupational and environmental health for San Francisco.
The bill by Assemblywoman Fiona Ma (D-San Francisco) was modeled on the paid sick leave law that took effect last year in San Francisco. The bill passed the state Assembly in May and is scheduled for a hearing this week in the Senate Appropriations Committee.
Business groups led by the California Chamber of Commerce opposed the bill, saying that it is a complicated and costly mandate that could force companies to cut wages or lay off workers. However, supporters held the opinion that the public health benefits will outweigh any costs to employers.
"The more you need paid sick days, the less likely you are to have them," said Dr. Rajiv Bhatia, one of the contributors to the report and the director of occupational and environmental health for San Francisco.
The bill by Assemblywoman Fiona Ma (D-San Francisco) was modeled on the paid sick leave law that took effect last year in San Francisco. The bill passed the state Assembly in May and is scheduled for a hearing this week in the Senate Appropriations Committee.
Business groups led by the California Chamber of Commerce opposed the bill, saying that it is a complicated and costly mandate that could force companies to cut wages or lay off workers. However, supporters held the opinion that the public health benefits will outweigh any costs to employers.
Labels: California
Monday, August 04, 2008
North Dakota Increased Its Minimum Wage to $6.55 Per Hour July 24, 2008
The state of North Dakota has increased its minimum wage, with reference to the federal minimum wage increase, to $6.55 per hour effective July 24, 2008; and will increase the minimum wage to $7.25 per hour on July 24, 2009.
Michael Ziesch, Job Service North Dakota research analyst, said the state has about 14,000 unfilled jobs and employers already are having to pay above minimum wage to find workers.
But North Dakota officials say the 70-cent increase will not significantly affect the job market or give much aid to families struggling to keep up with increasing costs of living.
Democratic-NPL gubernatorial candidate Sen. Tim Mathern said better-paying jobs would be created in North Dakota for facilitating a “family-friendly wage."“We’re not going to create a minimum wage that’s going to get to the $30,000 level, but we need to make sure the jobs we create pay at that level,” Mathern said.
Michael Ziesch, Job Service North Dakota research analyst, said the state has about 14,000 unfilled jobs and employers already are having to pay above minimum wage to find workers.
But North Dakota officials say the 70-cent increase will not significantly affect the job market or give much aid to families struggling to keep up with increasing costs of living.
Democratic-NPL gubernatorial candidate Sen. Tim Mathern said better-paying jobs would be created in North Dakota for facilitating a “family-friendly wage."“We’re not going to create a minimum wage that’s going to get to the $30,000 level, but we need to make sure the jobs we create pay at that level,” Mathern said.
Labels: North Dakota minimum wage
Thursday, July 31, 2008
West Virginia Unemployment Insurance Benefits
Every state has its own specific unemloyment benefits, and West Viginia is no exception.
Eligibility for West Virginia Unemployment Benefits
The basic requirements for collecting unemployment in West Virginia are:
First, you must have been employed. You must have worked a certain amount of time during a required window, and earned a certain mount of money.
Second, you must be determined to be unemployed through no fault of your own as defined under West Virginia law.
Third, you must file ongoing claims and respond to questions concerning your continued eligibility. You must report any earnings from work and any job offers or refusal of work during any claim period.
Finally, you must meet any other unemployment eligibility requirements of West Virginia law.
Your Unemployment Benefit Check
How much: Generally, unemployment benefits are based on an individual's earnings in the base period. The unemployment benefits in WV are also subject to Federal income taxes. WV benefits were raised to $366 in January, 2005.
How soon: You will typically receive your first check two or three weeks after you file an eligible claim.
How long: The duration of WV unemployment benefits in 2005 was several weeks. There is an exception when there is high unemployment or other special circumstances.
The unemployment rate varies from state to state. In West Virginia, the unemployment rate is approximately 4.0%.
Eligibility for West Virginia Unemployment Benefits
The basic requirements for collecting unemployment in West Virginia are:
First, you must have been employed. You must have worked a certain amount of time during a required window, and earned a certain mount of money.
Second, you must be determined to be unemployed through no fault of your own as defined under West Virginia law.
Third, you must file ongoing claims and respond to questions concerning your continued eligibility. You must report any earnings from work and any job offers or refusal of work during any claim period.
Finally, you must meet any other unemployment eligibility requirements of West Virginia law.
Your Unemployment Benefit Check
How much: Generally, unemployment benefits are based on an individual's earnings in the base period. The unemployment benefits in WV are also subject to Federal income taxes. WV benefits were raised to $366 in January, 2005.
How soon: You will typically receive your first check two or three weeks after you file an eligible claim.
How long: The duration of WV unemployment benefits in 2005 was several weeks. There is an exception when there is high unemployment or other special circumstances.
The unemployment rate varies from state to state. In West Virginia, the unemployment rate is approximately 4.0%.
Tuesday, July 29, 2008
U.S. Secretary of Labor announces $10 million in grants to train workers in the energy industry
On July 22, 2008, U.S. Secretary of Labor Elaine L. Chao announced the awarding of $10 million in grants to fund 11 projects. With the awards, the potential workers in the energy industry will be provided with skills-based job training.
The U.S. Department of Labor's Employment and Training Administration originally announced the competition on Jan. 23, 2008.
"There is a shortage of energy workers in this country. This $10 million grant competition under the President's High Growth Job Training Initiative will help workers access the training they need to get good paying jobs in the growing energy industry," said U.S. Secretary of Labor Elaine L. Chao.
This competition was open to public, private for-profit and private nonprofit organizations, including faith-based and community groups. Applicants were required to clearly identify the nature of their organizations and describe their capacity to deliver energy and skilled trades training. Proposed strategies were to be based on existing workforce development models and promising practices in a particular region, or adapted from successful strategies already in place in another region.
Projects that won funding are located in the following 11 states: California, Florida, Georgia, Indiana, Kentucky, Louisiana, Maryland, Minnesota, Texas, Wisconsin and Wyoming. Their awards range from $394,933 to $1,151,287. The awardees were chosen from among 171 candidates entering a competitive solicitation for grant applications.
“These grants awarded under the President’s High Growth Job Training Initiative will help equip workers with skills and certifications that are in demand in the energy sector,” said Secretary Chao.
The U.S. Department of Labor's Employment and Training Administration originally announced the competition on Jan. 23, 2008.
"There is a shortage of energy workers in this country. This $10 million grant competition under the President's High Growth Job Training Initiative will help workers access the training they need to get good paying jobs in the growing energy industry," said U.S. Secretary of Labor Elaine L. Chao.
This competition was open to public, private for-profit and private nonprofit organizations, including faith-based and community groups. Applicants were required to clearly identify the nature of their organizations and describe their capacity to deliver energy and skilled trades training. Proposed strategies were to be based on existing workforce development models and promising practices in a particular region, or adapted from successful strategies already in place in another region.
Projects that won funding are located in the following 11 states: California, Florida, Georgia, Indiana, Kentucky, Louisiana, Maryland, Minnesota, Texas, Wisconsin and Wyoming. Their awards range from $394,933 to $1,151,287. The awardees were chosen from among 171 candidates entering a competitive solicitation for grant applications.
“These grants awarded under the President’s High Growth Job Training Initiative will help equip workers with skills and certifications that are in demand in the energy sector,” said Secretary Chao.
Labels: work training grants
Sunday, July 27, 2008
Federal minimum Wage Increase Good For Workers
The federal minimum wage has increased from $5.85 per hour to $6.55 per hour, effective July 24, 2008.
In 2007, President Bush signed into law legislation to provide for a three-step increase in the federal minimum wage: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009.
According to Boucher, a lawmaker, the increase in the minimum wage will increase $4,400 a year for workers who earn the minimum wage. “Americans who work hard and play by the rules should be able to earn enough to provide for their families,” Boucher said. “For 10 years, the minimum wage was frozen at $5.15 an hour, a wage far too low to provide for the needs of a family as gas prices, food costs and health insurance costs continue to rise. This represented the longest period in the history of the minimum wage law that minimum wage workers failed to receive an increased wage.”
In 2007, President Bush signed into law legislation to provide for a three-step increase in the federal minimum wage: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009.
According to Boucher, a lawmaker, the increase in the minimum wage will increase $4,400 a year for workers who earn the minimum wage. “Americans who work hard and play by the rules should be able to earn enough to provide for their families,” Boucher said. “For 10 years, the minimum wage was frozen at $5.15 an hour, a wage far too low to provide for the needs of a family as gas prices, food costs and health insurance costs continue to rise. This represented the longest period in the history of the minimum wage law that minimum wage workers failed to receive an increased wage.”
Labels: federal minimum wage
Thursday, July 24, 2008
Texas Minimum Wage Increased
The Texas minimum wage has increased from $5.85 per hour to $6.55 per hour on July 24, 2008 with reference to the federal minimum wage increase. Under the Fair Minimum Wage Act of 1007, the deferal minimum wage was scheduled to increase the minimum wage by three steps. Each increase is 70 cents.
There are also a number of other states increasing the minimum wage by reference to the deferal minimum wage, including Maryland, South Dakota, Virginia Idaho and Oklahoma.
In Texas, there is no overtime law at the state level. Instead, most employees in Texas are entitled to 1.5 times their usual mniimum wage rate of pay after working 40 hours under the federal law.
The Texas minimum wage specifically excludes any employee covered by the primary federal minimum wage law - Fair Labor Standards Act (FLSA). The FLSA applies to employers who engage in interstate commerce, as well as those with revenue of at least $500,000.
There are also a number of other states increasing the minimum wage by reference to the deferal minimum wage, including Maryland, South Dakota, Virginia Idaho and Oklahoma.
In Texas, there is no overtime law at the state level. Instead, most employees in Texas are entitled to 1.5 times their usual mniimum wage rate of pay after working 40 hours under the federal law.
The Texas minimum wage specifically excludes any employee covered by the primary federal minimum wage law - Fair Labor Standards Act (FLSA). The FLSA applies to employers who engage in interstate commerce, as well as those with revenue of at least $500,000.
Labels: Texas Minimum Wage
Tuesday, July 22, 2008
OSHA Sets Two Public Hearings on Proposed Shipyard Rule
In the June 30 Federal Register OSHA ( the US Depatment of Labor’s Occupational Safety and Health Administration) is scheduling two informal public hearings on the proposed rule on general working conditions in shipyard employment. The dates of the two hearings are as follows:
9:30 am September 9, 2008, in Washington, DC
9:30 am October 21, 2008, in Seattle, WA.
The two hearings aim at providing a platform for interested stakeholders to discuss how to improve existing standards on working conditions for employees in shipyard employment.
Notice of intention to appear at the hearing: Interested persons who intend to present testimony or question witnesses at either the Washington, DC, or Seattle, WA, hearing must submit (transmit, send, postmark, deliver) a notice of their intention to do so by July 18, 2008.
Hearing testimony and documentary evidence: Parties who need over 10 minutes for their presentation and those who will present documentary evidence are supposed to supply the agency with copies of their full testimony and all documentary evidence by August,2008
If you want to submit your notice of intention, you can use the Federal eRulemaking Portal,www.regulations.gov.The following three ways are also acceptable: facsimile( on longer than 10 pages) to OSHA Office at 202-693-1648; regular mail, messenger or courier service to the OSHA Docket Office, Docket No. OSHA-S049-2006-0675, U.S. Department of Labor, Frances Perkins Building, 200 Constitution Ave., N.W., Room N-2625, Washington, DC 20210; telephone 202-693-2350.
It is the employers’ responsibility to provide a safe and healthy workplace for the employees under the Occupational Safety and Health Act of 1970. OSHA’s role is to promote the safety and health of America’s working people by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health.
9:30 am September 9, 2008, in Washington, DC
9:30 am October 21, 2008, in Seattle, WA.
The two hearings aim at providing a platform for interested stakeholders to discuss how to improve existing standards on working conditions for employees in shipyard employment.
Notice of intention to appear at the hearing: Interested persons who intend to present testimony or question witnesses at either the Washington, DC, or Seattle, WA, hearing must submit (transmit, send, postmark, deliver) a notice of their intention to do so by July 18, 2008.
Hearing testimony and documentary evidence: Parties who need over 10 minutes for their presentation and those who will present documentary evidence are supposed to supply the agency with copies of their full testimony and all documentary evidence by August,2008
If you want to submit your notice of intention, you can use the Federal eRulemaking Portal,www.regulations.gov.The following three ways are also acceptable: facsimile( on longer than 10 pages) to OSHA Office at 202-693-1648; regular mail, messenger or courier service to the OSHA Docket Office, Docket No. OSHA-S049-2006-0675, U.S. Department of Labor, Frances Perkins Building, 200 Constitution Ave., N.W., Room N-2625, Washington, DC 20210; telephone 202-693-2350.
It is the employers’ responsibility to provide a safe and healthy workplace for the employees under the Occupational Safety and Health Act of 1970. OSHA’s role is to promote the safety and health of America’s working people by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health.
Labels: OSHA
The FirstStep Employment Law Advisor
The U.S. Department of Labor (DOL) recently launched a new tool for posters and recordkeeping compliance - The FirstStep Employment Law Advisor.
The FirstStep Employment Law Advisor is one of the elaws Advisors, which are interactive e-tools that provide easy-to-understand information to help employers and employees understand their rights and responsibilities under certain federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given, and each Advisor includes links to more detailed information that may be useful, such as links to regulatory text and compliance assistance materials.
The FirstStep Employment Law Advisor is designed to help employers determine which of the major DOL employment laws and regulatory requirements their organization must comply with, what recordkeeping and reporting requirements they must comply with, and which posters they need to post.
The Advisor can help all employers, including non-profit organizations, private sector businesses and government agencies.
If employers already know which federal employment laws apply to them, the Advisor can quickly provide basic information about how to comply with these laws, including the requirements for recordkeeping, reporting, posters and other notices. This information can also be printed off as a reference guide.
This Advisor provides three basic starting points depending on your interests and needs:
l FirstStep - Employment Law Overview Advisor provides a short primer on each law's basic provisions as well as any related recordkeeping, reporting and notice requirements.
l FirstStep - Recordkeeping, Reporting, and Notices Advisor provides detailed explanations of each law's recordkeeping, reporting and notice requirements.
l FirstStep - Poster Advisor provides access to short descriptions of DOL poster requirements and links to printable posters.
It is really a great place for employers to double-check their current posters and document retention policies. However, the FirstStep Employment Law Advisor can only give advice on major DOL laws, and it does not cover all laws administered by DOL. In addition, the advisor will not identify laws administered by other federal agencies that might also apply to your business or organization.
The FirstStep Employment Law Advisor is one of the elaws Advisors, which are interactive e-tools that provide easy-to-understand information to help employers and employees understand their rights and responsibilities under certain federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given, and each Advisor includes links to more detailed information that may be useful, such as links to regulatory text and compliance assistance materials.
The FirstStep Employment Law Advisor is designed to help employers determine which of the major DOL employment laws and regulatory requirements their organization must comply with, what recordkeeping and reporting requirements they must comply with, and which posters they need to post.
The Advisor can help all employers, including non-profit organizations, private sector businesses and government agencies.
If employers already know which federal employment laws apply to them, the Advisor can quickly provide basic information about how to comply with these laws, including the requirements for recordkeeping, reporting, posters and other notices. This information can also be printed off as a reference guide.
This Advisor provides three basic starting points depending on your interests and needs:
l FirstStep - Employment Law Overview Advisor provides a short primer on each law's basic provisions as well as any related recordkeeping, reporting and notice requirements.
l FirstStep - Recordkeeping, Reporting, and Notices Advisor provides detailed explanations of each law's recordkeeping, reporting and notice requirements.
l FirstStep - Poster Advisor provides access to short descriptions of DOL poster requirements and links to printable posters.
It is really a great place for employers to double-check their current posters and document retention policies. However, the FirstStep Employment Law Advisor can only give advice on major DOL laws, and it does not cover all laws administered by DOL. In addition, the advisor will not identify laws administered by other federal agencies that might also apply to your business or organization.
Labels: Employment Law
Sunday, July 20, 2008
The WHD Criticized By The GAO
The U.S. Department of Labor’s Wage and Hour Division (WHD) has been criticized by the Government Accountability Office (GAO) for mishandling many overtime and minimum-wage complaints and delaying investigating hundreds of cases for a year or more, according to a GAO report issued on July 15th, 2008.
The GAO, which will release its report at a hearing of the House Education and Labor Committee, said that from fiscal years 1997 to 2007, the number of WHD’s enforcement actions decreased 37 percent, from 46,758 in 1997 to just 29,584 in 2007.
Representative George Miller, Democrat of California and chairman of the Education and Labor Committee, said in his prepared remarks for the hearing, “Although the Department of Labor currently has the necessary tools to fight wage theft, the G.AO investigation suggests that the problem of wage theft is only getting worse because of weaker enforcement.”
The WHD defended its performance, saying that it decided to enforce fewer, but more time-consuming and comprehensive claims. In addition, it said that the decrease also resulted from more careful screening of complaints to eliminate those that may not be violations. WHD also stated that part of the decrease is attributable to a 20% reduction in investigative staff.
The GAO also criticized the WHD for focusing on too narrow a range of industries. “WHD focused on the same industries from 1997 to 2007. The agency primarily targeted four industry groups: agriculture, accommodation and food services, manufacturing, and health care and social services.” The WHD didn’t focus on the low-wage industries where, one report said, it would be most likely to find violations. The GAO concludes, “WHD may not be addressing the needs of workers most vulnerable to FLSA violations.” But the WHD said it had also broadened its efforts to include other low-wage businesses, including day care, restaurants, construction and hotels.
In a fact sheet, the Labor Department noted that the back wages collected by the WHD “more than doubled to $220,613,703 in 2007 from $96,719,108 in 1997.” The DOL said that “341,624 employees received back wages in 2007, up from 189,244 10 years earlier.” It also added “The Wage and Hour Division is delivering pay for workers, not a payday for trial lawyers.”
The GAO, which will release its report at a hearing of the House Education and Labor Committee, said that from fiscal years 1997 to 2007, the number of WHD’s enforcement actions decreased 37 percent, from 46,758 in 1997 to just 29,584 in 2007.
Representative George Miller, Democrat of California and chairman of the Education and Labor Committee, said in his prepared remarks for the hearing, “Although the Department of Labor currently has the necessary tools to fight wage theft, the G.AO investigation suggests that the problem of wage theft is only getting worse because of weaker enforcement.”
The WHD defended its performance, saying that it decided to enforce fewer, but more time-consuming and comprehensive claims. In addition, it said that the decrease also resulted from more careful screening of complaints to eliminate those that may not be violations. WHD also stated that part of the decrease is attributable to a 20% reduction in investigative staff.
The GAO also criticized the WHD for focusing on too narrow a range of industries. “WHD focused on the same industries from 1997 to 2007. The agency primarily targeted four industry groups: agriculture, accommodation and food services, manufacturing, and health care and social services.” The WHD didn’t focus on the low-wage industries where, one report said, it would be most likely to find violations. The GAO concludes, “WHD may not be addressing the needs of workers most vulnerable to FLSA violations.” But the WHD said it had also broadened its efforts to include other low-wage businesses, including day care, restaurants, construction and hotels.
In a fact sheet, the Labor Department noted that the back wages collected by the WHD “more than doubled to $220,613,703 in 2007 from $96,719,108 in 1997.” The DOL said that “341,624 employees received back wages in 2007, up from 189,244 10 years earlier.” It also added “The Wage and Hour Division is delivering pay for workers, not a payday for trial lawyers.”
Labels: back wages
Friday, July 18, 2008
Michigan Minimum Wage Increased to $7.40 Per Hour July 1, 2008
The state of Michigan has increased its minimum wage to $7.40 per hour, up from $7.15 an hour, effective July 1, 2008.
Roughly 58,000 workers in the state of Michigan who make the minimum wage will get the increase. Another 209,000 workers who earn more than $7.15 per hour but less than $7.40 per hour will also get the raise, according to the nonpartisan Economic Policy Institute in Washington.
The largest effect of the minimum wage increase will be in the service industry, like hotels and restaurants, as well as nursing homes and businesses that employ teachers’ aids and home health care workers.
"Restaurants are doing everything they can now to survive. It's a mandatory increase in their labor costs at a time they don't have the money," said Andy Deloney, spokesman for the Michigan Restaurant Association.
Michigan's new wage ties Rhode Island for eighth-highest in the United States.
Roughly 58,000 workers in the state of Michigan who make the minimum wage will get the increase. Another 209,000 workers who earn more than $7.15 per hour but less than $7.40 per hour will also get the raise, according to the nonpartisan Economic Policy Institute in Washington.
The largest effect of the minimum wage increase will be in the service industry, like hotels and restaurants, as well as nursing homes and businesses that employ teachers’ aids and home health care workers.
"Restaurants are doing everything they can now to survive. It's a mandatory increase in their labor costs at a time they don't have the money," said Andy Deloney, spokesman for the Michigan Restaurant Association.
Michigan's new wage ties Rhode Island for eighth-highest in the United States.
Labels: Michigan Minimum Wage
Thursday, July 17, 2008
Maryland Increases Its Minimum Wage to $6.55 Per Hour on July 24, 2008
The state of Maryland has increased its minimum wage from $6.15 per hour to $6.55 per hour, effective July 24, 2008. And for tipped employees, the minimum wage will also increase to $3.28 per hour.
The federal minimum wage will increase to $6.55 per hour on July 24, 2008. The minimum wage in Maryland is automatically replaced with the Federal minimum wage rate because it is higher than the State minimum wage rate.
According to Maryland Department of Labor, with certain exceptions, time and a half the usual hourly rate must be paid for all hours worked in excess of 40 in a workweek. Exemptions include certain agricultural workers, executives, administrative and professional employees.
Because of the mandated minimum wage increases, the summer job market for teenagers will decline. For every 10 percent increase in the minimum wage, employment for high school dropouts and young blach adults and teenagers falls by 8.5 percent, according to econonist David Neumark.
The federal minimum wage will increase to $6.55 per hour on July 24, 2008. The minimum wage in Maryland is automatically replaced with the Federal minimum wage rate because it is higher than the State minimum wage rate.
According to Maryland Department of Labor, with certain exceptions, time and a half the usual hourly rate must be paid for all hours worked in excess of 40 in a workweek. Exemptions include certain agricultural workers, executives, administrative and professional employees.
Because of the mandated minimum wage increases, the summer job market for teenagers will decline. For every 10 percent increase in the minimum wage, employment for high school dropouts and young blach adults and teenagers falls by 8.5 percent, according to econonist David Neumark.
Labels: Maryland Minimum Wage
The California DFEH Has Announced A New Plan
The Department of Fair Employment and Housing (DFEH), California’s civil rights agency (whose mission is to protect Californians from employment, housing and public accommodation discrimination, as well as hate crimes), has announced an ambitious three-year plan to step up enforcement of the state’s anti-discrimination laws.
Phyllis Cheng, the DFEH’s director, who was appointed by Governor Schwarzenegger earlier this year, announced the plan at a presentation given on June 26, 2008 before members of the San Diego County Bar Association’s Employment Law Section.
The DFEH plans to streamline the claim process. Previously, employees had to schedule an office appointment at a regional DFEH office to initiate a complaint. Under the updated procedure, complainants don’t have to go in to a DFEH office; they can file a complaint on-line by visiting the DFEH website to schedule an appointment, and in-person appointments will soon be unnecessary because telephone in-take interviews will start to be used. Initially, four of the ten DFEH offices will accept telephonic in-takes.
The DFEH will also automate the right to sue system. Usually when employees are represented by counsel, they do not want the DFEH to investigate but request a “right to sue” letter, which is a prerequisite to filing a civil lawsuit in court. In fact, the majority of claims are processed this way. “Of the 16,000 employment claims filed each year, about 9,000 of them are filed by employees represented by counsel who want a right to sue letter,” said Ms. Cheng. Implementing an automated online right- to-sue system will free up DFEH staff to work on more discrimination investigations.
Phyllis Cheng, the DFEH’s director, who was appointed by Governor Schwarzenegger earlier this year, announced the plan at a presentation given on June 26, 2008 before members of the San Diego County Bar Association’s Employment Law Section.
The DFEH plans to streamline the claim process. Previously, employees had to schedule an office appointment at a regional DFEH office to initiate a complaint. Under the updated procedure, complainants don’t have to go in to a DFEH office; they can file a complaint on-line by visiting the DFEH website to schedule an appointment, and in-person appointments will soon be unnecessary because telephone in-take interviews will start to be used. Initially, four of the ten DFEH offices will accept telephonic in-takes.
The DFEH will also automate the right to sue system. Usually when employees are represented by counsel, they do not want the DFEH to investigate but request a “right to sue” letter, which is a prerequisite to filing a civil lawsuit in court. In fact, the majority of claims are processed this way. “Of the 16,000 employment claims filed each year, about 9,000 of them are filed by employees represented by counsel who want a right to sue letter,” said Ms. Cheng. Implementing an automated online right- to-sue system will free up DFEH staff to work on more discrimination investigations.
Labels: California
Monday, July 14, 2008
Regulation of Using E-Verify
On June 6 2008, the Bush administration signed an amendment to Executive Order 12989, mandating that all companies hired to perform work for federal agencies must use the E-Verify system to ensure that their employees are legally eligible to work in the United States. Businesses failing to abide by this directive risk losing federal contracts.
On June 9, the Department of Homeland Security (DHS) designated E-Verify as the electronic employment eligibility verification system that all federal contractors must use.
E-Verify, formerly known as the Basic Pilot/Employment Eligibility Verification Program, was originally established in 1997 by the Department of Homeland Security in partnership with the Social Security Administration. It is a free, internet-based system run by the United States government to allow employers who are enrolled in the E-Verify program to confirm the legal status of new employees.
The current form of the proposed regulation requires that all entities which provide the federal government with over $3,000 worth of goods or services in the United States use E-Verify for all new employees, even those who do not actually work on the federal contract. It also requires such entities to identify all employees who currently work on any federal contract and verify their legal status through E-Verify as well. The only entities excluded from this regulation are those who perform work for the federal government outside of the United States, provide less than $3,000 of goods or services, or provide contracts for commercial, off-the-shelf supplies.
The regulation is now open for public comment until August 12, 2008. Once the public comment period expires, the rule will either be implemented in its current form, or modified based upon the public comments received.
Once the regulation is implemented, the included entities will have 30 days to enroll in the E-Verify program, and then another 30 days to verify all current employees working on federal contracts in addition to all new ones. After that, such entities must verify the legal status of all new employees through E-Verify within three days after their hiring. The mandatory use of E-Verify will be a provision included in all federal contracts.
The E-Verify program will be used in conjunction with the existing I-9 forms. So although the proposed regulation will be implemented after the public comment period expires, federal contractors still have to complete the I-9 form for all new hires.
On June 9, the Department of Homeland Security (DHS) designated E-Verify as the electronic employment eligibility verification system that all federal contractors must use.
E-Verify, formerly known as the Basic Pilot/Employment Eligibility Verification Program, was originally established in 1997 by the Department of Homeland Security in partnership with the Social Security Administration. It is a free, internet-based system run by the United States government to allow employers who are enrolled in the E-Verify program to confirm the legal status of new employees.
The current form of the proposed regulation requires that all entities which provide the federal government with over $3,000 worth of goods or services in the United States use E-Verify for all new employees, even those who do not actually work on the federal contract. It also requires such entities to identify all employees who currently work on any federal contract and verify their legal status through E-Verify as well. The only entities excluded from this regulation are those who perform work for the federal government outside of the United States, provide less than $3,000 of goods or services, or provide contracts for commercial, off-the-shelf supplies.
The regulation is now open for public comment until August 12, 2008. Once the public comment period expires, the rule will either be implemented in its current form, or modified based upon the public comments received.
Once the regulation is implemented, the included entities will have 30 days to enroll in the E-Verify program, and then another 30 days to verify all current employees working on federal contracts in addition to all new ones. After that, such entities must verify the legal status of all new employees through E-Verify within three days after their hiring. The mandatory use of E-Verify will be a provision included in all federal contracts.
The E-Verify program will be used in conjunction with the existing I-9 forms. So although the proposed regulation will be implemented after the public comment period expires, federal contractors still have to complete the I-9 form for all new hires.
Labels: E-Verify
Tuesday, July 08, 2008
Standard Mileage Rate Raised to 58.5 Cents
Effective July 1, 2008, the optional standard mileage rate has increased by 8 cents, from 50.5 cents per mile to 58.5 cents per mile, for all miles driven from July 1 to December 31, 2008.
The increase allows taxpayers to use the higher deduction amount as an alternative to recording actual costs of operating a qualifying vehicle. The new rate is also for determining the reimbursement amount to employees who operate an automobile for business purposes.
The Internal Revenue Service made this special adjustment for the final months of 2008 because of the recent gasoline price increases.
"Rising gas prices are having a major impact on individual Americans. Given the increase in prices, the IRS is adjusting the standard mileage rates to better reflect the real cost of operating an automobile," said IRS Commissioner Doug Shulman. "We want the reimbursement rate to be fair to taxpayers."
The rate for moving and medical mileage also increased 8 cents, to 27 cents; the rate for charity services, however, remained at 14 cents because it is a special case and requires an act or law to change it.
The increase allows taxpayers to use the higher deduction amount as an alternative to recording actual costs of operating a qualifying vehicle. The new rate is also for determining the reimbursement amount to employees who operate an automobile for business purposes.
The Internal Revenue Service made this special adjustment for the final months of 2008 because of the recent gasoline price increases.
"Rising gas prices are having a major impact on individual Americans. Given the increase in prices, the IRS is adjusting the standard mileage rates to better reflect the real cost of operating an automobile," said IRS Commissioner Doug Shulman. "We want the reimbursement rate to be fair to taxpayers."
The rate for moving and medical mileage also increased 8 cents, to 27 cents; the rate for charity services, however, remained at 14 cents because it is a special case and requires an act or law to change it.
Labels: Mileage Rate
The District of Columbia Increase The Minimum Wage to $7.55 On July 24, 2008
The District of Columbia will increased its minimum wage from $7.00 per hour to $7.55 per hour effective July 24, 2008; and will increase the minimum wage to $8.25 per hour on July 24, 2009.
The federal minimum wage will increase from $5.85 per hour to $6.55 per hour on July 24, 2008 and to $7.25 per hour on July 24, 2009. If you are working for the federal government, you arer only entitled to the federal minimum wage. If you work for Washington D.C. government, you are entitled to receive a living wage, which is $11.75 per hour in the current time.
If you work over 40 hours in one week, you should get overtime pay. If the regular pay is $7.55 per hour, overtime pay would be $11.325 per hour. However, some kinds of jobs do not get overtime pay, such as salesmen, professionals, and those domestic workers who live with their employers.
The federal minimum wage will increase from $5.85 per hour to $6.55 per hour on July 24, 2008 and to $7.25 per hour on July 24, 2009. If you are working for the federal government, you arer only entitled to the federal minimum wage. If you work for Washington D.C. government, you are entitled to receive a living wage, which is $11.75 per hour in the current time.
If you work over 40 hours in one week, you should get overtime pay. If the regular pay is $7.55 per hour, overtime pay would be $11.325 per hour. However, some kinds of jobs do not get overtime pay, such as salesmen, professionals, and those domestic workers who live with their employers.
Labels: DC Minimum Wage
Thursday, July 03, 2008
Colorado Updated Anti-Discrimination By Adding Sexual Orientation
Colorado has signed a new law - Senate Bill 200 – which prevents certain types of discrimination by adding Sexual Orientation as a new protective category, effective May 29, 2008.
Colorado Governor Bill Ritter has signed a controversial bill into law that broadens the ban on Sexual Orientation Discrimination created by the 2007 amendments to Colorado’s civil rights law; these banned sexual orientation and religious discrimination in employment. The new bill defines sexual orientation as “a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another person’s perception thereof.”
In the new law, public accommodation is broadly defined as “any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public.”
On the basis of the 2007 amendments to the Colorado Anti-Discrimination Act, many Colorado employers have already considered modifying their business policies regarding transgender employees. With the passing of the new law, Colorado employers should revisit those policies and consider whether the same protections should be extended to customers and guests.
Besides sexual orientation, Senate Bill 200 also adds creed, marital status, disability, national origin and ancestry to the protected statuses upon which an individual cannot be denied membership in a union or labor organization. The Colorado law now also broadens the bans prohibiting discrimination in employment decisions on account of sexual orientation in schools.
Similar legislation already exists in the following states: California, Connecticut, the District of Columbia, Massachusetts, Minnesota, New Hampshire, New Jersey, Rhode Island, Vermont and Wisconsin.
Colorado Governor Bill Ritter has signed a controversial bill into law that broadens the ban on Sexual Orientation Discrimination created by the 2007 amendments to Colorado’s civil rights law; these banned sexual orientation and religious discrimination in employment. The new bill defines sexual orientation as “a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another person’s perception thereof.”
In the new law, public accommodation is broadly defined as “any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public.”
On the basis of the 2007 amendments to the Colorado Anti-Discrimination Act, many Colorado employers have already considered modifying their business policies regarding transgender employees. With the passing of the new law, Colorado employers should revisit those policies and consider whether the same protections should be extended to customers and guests.
Besides sexual orientation, Senate Bill 200 also adds creed, marital status, disability, national origin and ancestry to the protected statuses upon which an individual cannot be denied membership in a union or labor organization. The Colorado law now also broadens the bans prohibiting discrimination in employment decisions on account of sexual orientation in schools.
Similar legislation already exists in the following states: California, Connecticut, the District of Columbia, Massachusetts, Minnesota, New Hampshire, New Jersey, Rhode Island, Vermont and Wisconsin.
Labels: CO Anti-Discrimination
Tuesday, July 01, 2008
Florida’s Guns At Work Law
On July 1, 2008, Florida's Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008 (the "Guns At Work Law") has taken effect. The bill was signed into law by Florida Governor Charlie Crist on April 15, 2008.
The new law prohibits all public and private employers from discriminating against any customer, employee, or invitee who possesses a legally-owned firearm that is kept inside a locked, privately-owned motor vehicle in a parking lot, in most cases, even on an employer’s private property. The law doesn’t apply to schools, prisons, nuclear power plants, military facilities and buildings that store explosives.
Supporters of the law say people have a constitutional right to carry firearms in their cars for protection, while business owners have argued that they have a constitutional right to set the rules on their own property.
However, in order to comply with the new law, employers must do the following:
l Review and update policies prohibiting firearms on the employer's property; lift any ban against keeping legally-owned firearms locked in personal vehicles in parking areas by persons with valid concealed-weapons permits;
l Review and update safety and security measures to deal with the increased risk of violence associated with the presence of guns on company property;
l Provide training on Florida's Guns At Work Law to Human Resources personnel;
l Provide training on Florida's Guns At Work Law to all security personnel.
The new law prohibits all public and private employers from discriminating against any customer, employee, or invitee who possesses a legally-owned firearm that is kept inside a locked, privately-owned motor vehicle in a parking lot, in most cases, even on an employer’s private property. The law doesn’t apply to schools, prisons, nuclear power plants, military facilities and buildings that store explosives.
Supporters of the law say people have a constitutional right to carry firearms in their cars for protection, while business owners have argued that they have a constitutional right to set the rules on their own property.
However, in order to comply with the new law, employers must do the following:
l Review and update policies prohibiting firearms on the employer's property; lift any ban against keeping legally-owned firearms locked in personal vehicles in parking areas by persons with valid concealed-weapons permits;
l Review and update safety and security measures to deal with the increased risk of violence associated with the presence of guns on company property;
l Provide training on Florida's Guns At Work Law to Human Resources personnel;
l Provide training on Florida's Guns At Work Law to all security personnel.
Labels: Florida
