State Employment Labor Law Information
Not understanding simple things like what is the difference between an exempt or non exempt employee could cost you a lot of money if you get it wrong.
Delaware Labor Law Information
Delaware employment labor law states that you must pay your employees at least one time each month. That of course does not mean you that you can’t pay your employees more often. However, whatever you have determined to be your pay period you are required to issue the employee a paycheck within seven days of the close of that pay period. If for some reason the employee is not present on your regularly scheduled payday you are required to either pay the employee on the next scheduled workday that the employee is scheduled, or with the employees permission you are to mail their paycheck to them.
Delaware employment labor law uses the Office of Discrimination to protect employees against discrimination for race, sex, sexual harassment, pregnancy, disability, age, marital status, genetic information, sexual orientation, national origin, and religion. If an employee feels as though they have been treated unfairly, harassed, denied a reasonable workplace change for religious or disability reasons, or are retaliated against for any of the above mentioned categories they should contact the Office of Discrimination.
An employer can’t discriminate against someone based on their being pregnant, child birth, or any related condition.
As mentioned earlier Delaware employment labor law states that an employer can’t discriminate against someone based on their being pregnant, child birth, or any related condition. Discrimination for any of these conditions is considered unlawful behavior by the employer under the DDEA. This also means that an employer can’t refuse to hire a pregnant woman simply because she is pregnant, or because of a pregnancy-related condition. This includes even if co-workers, clients, or customers may be prejudice against it.
Part of the Delaware labor law states that an employer is not allowed to single out a pregnant woman, or a woman with a pregnancy related condition, to provide an medical documentation that they wouldn’t ask any other employee for any other medical condition. Certainly this is where it may be a great idea to have an employee handbook that states your company’s position of taking medical leave. Most Good Leadership Skills software have great language for this, as well as, a Delaware employment labor law attorney.
Sexual harassment as a form of sex discrimination which violates the Delaware Discrimination in Employment Act (DDEA).
Understand that Delaware employment law views sexual harassment as a form of sex discrimination which violates the Delaware Discrimination in Employment Act (DDEA). Sexual harassment is any unwelcome advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature is considered sexual harassment if this conduct implicitly or explicitly affects an employee’s employment, affects or unreasonably interferes with an employee’s performance, creates an intimidating, hostile, or offensive work environment. Please understand that sexual harassment is not limited to a man harassing a woman. It can certainly also be a woman harassing a man, a man harassing a man, or a woman harassing a woman.
Florida Labor Law Information
Florida employment labor law covers labor relations right from the point of hiring to the point of separation. The law is fairly liberal allowing employers to hire based on certain considerations beyond the stipulated qualifications. This means that no one is obliged to hire the most qualified candidate from any interview process and the decision to hire can not be challenged in court on the grounds that the best candidate was not hired. But there are no go zones set for employers to ensure fairness is also extended to prospective employees.
Georgia Labor Law Information
Under Georgia employment labor law, business organizations that offer a healthcare plan and have twenty or more employees are required to offer current employees and former employees the choice of continuing their healthcare coverage in accordance with COBRA. Under COBRA if an employee's medical coverage is stopped or lowered because their employment has been terminated, or their hours have been reduced, or they become eligible for Medicare.
Under Georgia employment labor law minors under twelve years old are not permitted to work. Additionally, minors under sixteen years old that are still in school must have a work permit or certificate from the school the child attends. For those minors that are employed they are restricted to the number of hours that they can work. As an example they may not work between the hours of 9:00 pm and 6:00 am, or more than four hours per day during the school year. During periods where there are vacations they may work up to forty hours per week, but not more than eight hours in one day. At no time may a minor be employed in a dangerous occupation.
A unique program under Georgia employment labor law is…
A unique program under Georgia employment labor law is that if an employer implements a drug free work place program they may be eligible for a premium discount for workers’ compensation insurance. In most cases this is a huge benefit. In order to qualify the employer must provide a written policy on its drug testing policies, use a facility that meets the criteria to perform those drug tests, provide a employee assistance program, provide education two times per year on substance abuse, and provide their supervisory staff with training.
Understand that the Good Leadership Skills website strongly recommends that you seek a legal professional to provide you with legal advice when preparing an employee handbook. In many cases there are software companies that offer excellent Good Leadership Skills that are written by licensed employment attorneys. Please do your research carefully.
Since the federal law is more stringent…
Under Georgia employment labor law if an employer complies with the Federal Fair Labor Standards Act (FLSA) it is in compliance with Georgia’s state law, since the federal law is more stringent. Under the FLSA it dictates minimum wage for hourly employees, the number of hours that an employer can work an employee before they become eligible for overtime, and the rate overtime is calculated. Under the FLSA law it excludes salaried employees. Keep in mind that just because you pay someone a salary that does not necessarily mean that you do not need to comply with the law.
Discrimination is covered under Georgia employment labor law. The law covers discrimination against Age, Disability, Equal Pay, Pregnancy, Bankruptcy, Race, Color, Religion, Sex, National Origin, Retaliation, or Sexual Orientation. The Good Leadership Skills website strongly recommends that you research the Georgia law to ensure that you comply with all the statutes that apply to Discrimination. As an example the federal law generally prohibits discrimination regarding employment decisions against individuals that have declared bankruptcy. In addition, age discrimination generally applies to those individuals over forty; however, it does depend on how many employees and employer has.
An employer can terminate an employee for a good reason, bad reason, or no reason at all…
One of the most talked about clauses for employers and employee’s is the “at will” employee. The Georgia employment labor law recognizes the fact that under the “at will” employment clause an employer can terminate an employee for a good reason, bad reason, or no reason at all, provided it is not for an illegal reason. An illegal reason would be something like discrimination or if an employee refused to violate the law. Understand that having an employee handbook may affect the employee “at will” clause. However, in most cases if a statement is provided within your employee handbook this may cover you so that the clause is still in effect. This clause however can become very complicated very quickly so make sure that you work closely with an employment attorney to make sure you comply correctly with the law.
Georgia employment labor law advises employers to provide their employees with an employee handbook. In Georgia generally a handbook will not affect the “at will” status however; they also recommend that a disclaimer be added. Most companies that offer Good Leadership Skills will assist in this process.
Hawaii Labor Law Information
The Hawaii Employment labor law was recently reviewed to conform to the changing job market. Most notably the employment and discrimination act that was changed recently is set to bring about an unprecedented legal shift. It has factored in many opinions and trends that have had some significant attention from the federal government.
As it has been reviewed currently, sexual orientation has ceased to be a secluded class. Any biases based on sexual orientation have been completely outlawed. Even with this radical shift, there is still a push to institute further changes. The proposed amendments are to forbid sexual orientation and sexual point of reference.
How it is going to handle the thorny gender identification issue is something to look out for. Federal law does not recognize sexual orientation as something special, but many state laws seem to. Hawaii Employment labor law is part of those that guard against it but not gender identity.
This law will definitely have an impact in any company. Employers will be doing themselves a favor if they revamp their training curriculum to include these orientation issues. In some cases, the organizational policies may have to change so as to be aligned to the state laws.
Such training should include sexual orientation as a protected class in their rules. It should also be added as a secluded class in the harassment policy. In essence, any form of discrimination based on a person’s orientation has been strongly discouraged by the Hawaii Employment labor law.
The health care law has also introduced some commendable changes. It is now the legal right of nursing parents to be given sufficient time to express breast milk for their babies as the need arises. This should however not exceed a period of one year. It is believed that breast feeding mothers have great long term health benefits as compared to those who do not.
The intention of this particular law is to encourage more professionals who are mothers to breast feed their children.
It even goes beyond the reasonable break time. There is a provision compelling employers to provide a comfortable place to do this at a place other than the wash rooms. They are known as lactation rooms. They provide a conducive and private environment where mothers can be able to express their milk in dignity. The intention of this particular law is to encourage more professionals who are mothers to breast feed their children. It attempts to address some of the perceived inconveniences of breast feeding and pursuing a career at the same time.
The great thing about it is that employers are also protected from undue harm. For those who have less than fifty employees in the payroll and feel that it will negatively impact the business are not obliged to provide it. This law is meant to promote a new public health policy that is being affected.
The federal laws on this issue has been made stronger by its provision. It states that any state law that is more comprehensive than it will take precedence and will be adopted as such. Due to this fact, it is continually reviewed as different states like the Hawaii Employment labor law attempt to address it.
One of the best things you can do for your business is to produce an employee handbook that incorporate all Hawaii Employment labor laws so that you can establish that you are adhering to them if challenged by a state agency. Many times it is easy to utilize Good Leadership Skills software or a Hawaii Employment labor law Attorney to help you produce one. If you do use Good Leadership Skills software choose wisely. I personally like the Good Leadership Skills software that Standard Legal offers.
Idaho Labor Law Information
Idaho employment labor law prohibits the discrimination against individuals for race, age, mental or physical disability, national origin, religion, sex, or color. When Idaho talks about age discrimination they are referring to those individuals that are age forty or over. If an employee, or potential employee, feels they have been discriminated for any of the above reasons they should first contact the Idaho Commission on Human Rights at (208) 334-2873 or toll free at (888) 249-7025. If you are hearing impaired you may also call (208) 334-4751.
For those that are forty or over Idaho employment labor law protects them against mandatory retirement, not hiring someone based on age, not promoting someone based on age, laying off someone based on age, having unequal employment terms for someone based on age, different pay rates or compensation for someone based on age, or advertising specifying a preference for younger employees or a limitation based on someone’s age.
This means that the employer must show that all or substantially all the individuals in the protected age group…
According to Idaho employment labor law an employer who states that they have a bona fide occupational qualification, or BFOQ, that would limit individuals who may be protected under Idaho’s discrimination employment labor laws must prove that the reasons are necessary to the essence of the business. This means that the employer must show that all or substantially all the individuals in the protected age group would not be able to perform the essential duties of the job. Remember that Idaho places all the burden on the employer to prove that the BFOQ would limit the ages of individuals to those under the protected age.
When it comes to sex discrimination Idaho employment labor law protects both men and women against advertising for job openings based on sex, hiring decisions based on sex, assignment of work based on sex, rate of pay based on sex, disciplinary measures based on sex, poor evaluations based on sex, lay-offs based on sex, discharges based on sex, references based on sex, and terms and conditions of employment based on sex. The unfortunate thing is that sex discrimination accounts for almost one half of all discrimination claims filed with the Idaho Human Rights Commission annually.
Sexual harassment is any unwelcome sexual conduct this is severed enough, or happens often enough, to interfere with an individual’s ability to perform their job…
The Idaho employment labor law and federal law states that sexual harassment is any unwelcome sexual conduct this is severed enough, or happens often enough, to interfere with an individual’s ability to perform their job. Remember this is for either men or women. Sexual harassment can take on many different forms. Here is a list of just some of them;
Other interesting pieces of information regarding Idaho employment labor law is that employers are not mandated to provide employees with breaks or a meal period. The only exception to this would be if the employers had provided for them within their employment policies. This may be a tough pill to swallow but these are the type of questions that should be asked prior to taking a job. Employers should consider making sure that any policies on meals and break periods are covered in their employee handbook.
Idaho employment labor law requires that any final pay, whether an employee quits, is terminated, is laid off, must…
Idaho employment labor law requires that any final pay, whether an employee quits, is terminated, is laid off, must be paid either on the very next regularly scheduled pay or within ten days of the separation date. This does not include holiday or weekends. However, if the employee provides the employer with a written request for earlier payment of those final wages, the employer must pay those wages within forty-eight hours of the employer’s receipt of the written request. Again this does not include weekends or holidays.
Remember to consult with a legal professional such as a Idaho employment labor law attorney, on any legal questions. This website is providing what it believes to be accurate information; however, we are not legal professionals in a position to offer legal advice.
Illinois Labor Law Information
Illinois employment labor law just introduced a new amendment on January 1, 2011. The Wage Payment and Collection Act Amendment (SB 3568) went into effect to insure that employees receive their final pay from their employer no later than the following regularly scheduled payday. The final payment must include their final wages, any vacation pay, any commissions and/or bonuses.
If an employer fails to pay their employee the above mentioned wages they can be fined a non-waivable administrative fee of $250 that would be payable to the Illinois Department of Labor to be used for enforcement of the new law. In addition the Illinois employment labor law provides for the employer to also pay to the employee a 2% penalty of the unpaid wages for each month the employer fails to pay.
The criminal penalty for repeat offenders from a misdemeanor to a felony…
In addition the Illinois employment labor law has increased the criminal penalty for repeat offenders from a misdemeanor to a felony. For cases of $5,000 or less it would be a Class B misdemeanor. For cases over $5,000 the penalty would be a Class B misdemeanor.
The Illinois employment labor law has established the minimum wage for adults eighteen years or older that have been working for at least ninety days with the same employer is $8.25 at the time of this writing. For newly hired employees the employer may pay an employee 50 cents less per hour for the first ninety days. For tipped employees the minimum wage is set at $4.95. Tipped employees may be paid on $4.65 for the first ninety days. Employers may pay tipped employees only 60% of the hourly minimum wage. For youths between the ages of sixteen and eighteen the minimum wage is $7.75. Understand that in the state of Illinois an employer may not employ any minor under the age of sixteen, except for those that are fourteen or fifteen and are participating in a federally funded work experience career education program.
The Illinois employment labor law has an Employee Classification Act that went into effect on January 1, 2008. This Act establishes that an employer must adhere to very specific criteria in classifying if an individual performing services for a construction contractor is either an employee or an independent contractor. The individual will be considered to be an employee unless they are free of any control or direction of the service(s) they are providing by the contractor, or the service(s) are outside the normal services the contractor provides, or finally the individual is engaged in an independently established trade, occupation, professional or business.
The Illinois employment labor law requires certain information employment labor law posters be posted so that employees will be informed. Those employment labor law posters are:
Your Rights Under Illinois Employment Law
In addition to the Illinois posters you should also post the following Federal Employment labor law posters;
Equal Employment Opportunity
Indiana Labor Law Information
Indiana employment labor law like the federal Fair Labor Standards Act states that an employer generally must pay an employee overtime for any hours worked over forty in one work week. Overtime means that the employees pay would be paid at one and one half times for those hours worked over forty. A work week is an established seven day period that an employer decides upon. As an example that seven day period could be Sunday morning beginning at midnight and run through the following Saturday night at midnight. What can complicate things is if an employee begins their shift in one pay period but ends in another. This is why it is so important to produce and use an employee handbook that will cover this situation. Keep in mind though that Indiana does provide for some exceptions to this employment labor law so do your homework and check with the State Department of Labor at (317) 232-2655.
One rule that the Indiana employment labor law covers is the right of an employer to lower the rate of an employee’s pay provided the employee is not covered under a collective bargaining agreement or any other form of guaranteed pay rate. The provision does require that an employer notify an employee prior to that employee working at the lower rate of pay. Of course the employee has the right to either work at the lower rate or quit! On the other hand if you change an employee’s rate of pay after they have worked any portion of the work period they have the right to be paid at their original pay rate or file a claim! I don’t suspect that most employers will implement a program of lowering employee’s wages unless there is a serious problem with the employee of the financial condition of the company!
If an employer makes the uniforms an option…
Indiana employment labor law does not allow for an employer to deduct the cost of any uniforms that an employer requires from an employees paycheck. This being said if an employer makes the uniforms an option then with an employee’s agreement in writing they can then deduct for them. On the other hand if the employee quits and does not return their uniforms I would consult with the Indiana Department of Labor to see if the cost of the uniforms can be deducted. Any policy for paycheck deductions should be confirmed with the current Indiana state employment labor law to see if it is allowable, and including your policy in your employee handbook.
Vacation pay is always one of those benefits that people misunderstand if an employer does not have a clear and concise policy within their employee handbook. Indiana employment labor law requires that an employer pay an employee for any agreed upon accrued vacation pay at the time of termination since it is considered compensation. However, if the employer’s policy makes it clear what requirements that employee’s must meet in order to earn that vacation it is generally respected by the Indiana state employment labor law. Indiana generally leaves vacation policies to the discretion of the employer.
An employer may not give out any untrue information about a former employee…
Indiana employment labor law allows for an employer to recruit, terminate, demote, layoff, suspend, or promote an employee based on any reason or no reason at all. There are some exceptions to this. As an example if the employee is part of a collective bargaining agreement or other type of employment contract. In addition, an employer may not discriminate against an employee for any reason during the above list of employment actions. It is wise to have a section of your employee handbook that covers your position on this. This is generally referred to as an “employee at will”. If your employee handbook makes reference to anything that guarantees employment unless the employee does something wrong it may void the employee at will clause. Make sure you use a reputable Good Leadership Skills software that knows employment labor law.
Indiana employment labor law requires that an employer may not give out any untrue information about a former employee. This is referred to in Indiana as the Blacklisting law. Now an employer is permitted to provide information that is true of course. As an employer if you are giving out negative information you better be prepared to prove what you give out! Because of this many employers may choose to only give out dates of employment and other benign information.
Please understand that the Good Leadership Skills website strongly encourages you to verify any and all information provided in the above article with an employment attorney. We have made an effort to only provide accurate information but employment labor laws can change based on court rulings or through the legislature process.
Iowa Labor Law Information
In 2009, the Iowa employment labor law made a significant change to the regulations regarding children who work to make extra money. One simple word change has made it easier for people to prove that a child's rights have been violated in a working environment. The word 'willful' was changed to 'negligent'. As of this date, maximum penalties for such a violation were imposed. It's hard to believe in this day and age that children are still being abused in this way, but they are.
According to Iowa employment labor law, anyone found guilty of a such a violation will be fined US$10,000 in addition to being criminally prosecuted. To further the cause, an increased amount of inspectors have been employed to visit businesses that give part-time work to anyone under the age of 16. Children younger than this must apply for a work permit before accepting any job.
The Iowa employment labor law further states that this permit be handed to the employer. It must be kept somewhere where it can be easily accessed if a law enforcement officer wants to see it. It is also mandatory for the employer to keep a record of the names and ages of any employee younger than 16.
To get a work permit, a youth must provide the local Workforce Development Center with a document that proves his or her age. This can be a certified copy of the birth certificate, a passport, or a baptismal certificate showing the place and date of birth. If none of these documents are available, the Iowa employment labor law will accept a letter of certification from the local Board of Education verifying the minor's age.
When a minor starts work, his or her employer has to complete a special form and list the nature of work that will be done. This must include the hours that will be worked, and if any equipment will be used. The form is then signed by the minor's parents or legal guardian. After this, it is sent to the issuing officer for approval.
Iowa Employment labor law specifies that, outside of school hours, a minor can work for four hours a day between 7:00am and 7:00pm on weekdays. On Saturdays, Sundays, and public holidays, this can increase to eight hours a day. The maximum number of hours that may be worked in one week is 28. More information about this aspect can be found in the employee handbook.
In addition to the Iowa employment labor law regarding minors, federal law prohibits youngsters under the age of 18 to work in any hazardous environment. These include explosive manufacturing plants, excavation, mining, or any operation that involves power-driven equipment. Parents and employers must ensure that young people work in a healthy and safe environment.
It is not only up to the Iowa employment labor law and inspectors to ensure that youngsters are able to earn extra money by doing part-time jobs. It is good for them and they can learn many life skills. Schools can also play a significant role by teaching children their rights in this regard. If health and safety tuition is integrated into vocational education, it will empower students for the rest of their lives. In addition, this training might be the only form of education they get before the become part of a workforce.
Kansas Labor Law Information
Kansas employment labor law is no different than any other state’s law when it comes to not tolerating discrimination in the workplace. There is no room in the workplace for discrimination and it is considered illegal behavior. An employer can pretty much hire, fire, and promote employees they feel are worthy; however, they are not permitted to take an employee action based on race, color, gender, national origin, age, religion, and disability, An employee that feels they have been discriminated against can and should contact the Equal Employment Opportunity Commission to file a complaint. Even though it is a federal agency most states have a local office. As an employer you may want to seek information from them if you are not familiar with the protections afforded your employee’s.
Remember that no matter who you are no one is above the law. Ignorance is no excuse. It doesn’t matter whether the law concerns your own property or business, respecting other people's rights or about regulations in different areas which govern everyone’s life. The greatest advantage of the law is that, besides everyone having to comply with it, a person is granted rights and liberties through them. And if you live in Kansas and are employed, it is natural to be concerned about the rights which the Kansas employment labor law grants you.
It is totally voluntary for an employer to provide break and lunch periods.
Yes, there comes a time in everyone's life when they’ll get their very first job. Naturally, they’re excited and proud to become a productive citizen. As an employer it is important in the first few days of a new employee joining the workforce to help them understand your rules and policies by issuing them a copy of your employee handbook. This handbook is a useful tool, because this is where you have an opportunity to provide them with not only your rules but to also make them aware of their right under the Kansas employment labor law, which will be enforced in your company. You may want to check with a Kansas Employment labor law Attorney to verify that by having an employee handbook it will not give up your rights to the “Employment at Will” clause.
You will need to contact the Federal Wage and Hour at (913) 551-5721 to inquire if federal laws apply to your business.
Kentucky Labor Law Information
Currently Kentucky employment labor law has a minimum wage of $7.25 per hour, which became effective on July 1, 2009. Please understand that this was the most current information at the time of this writing. In Kentucky any hours worked over forty (40) in a work week the employer is required to pay overtime. The exception to this would be if the employee is covered by a collective bargaining agreement or an employment contract that would alter this. Keep in mind that even with a collective bargaining agreement an employee is not permitted to agree to something less than what is provided by law. There are some exceptions to this, but as a general rule. Overtime must be paid at the rate of one and a half times the employee’s regular rate of pay. Also a work week is determined by the employer but it must be established and can’t be randomly changed in an effort to avoid paying overtime.
Kentucky employment labor law does not dictate to an employer who should or should not be considered full time or part time. It is left up to the employer to make that decision. Understanding this many employers that offer benefits generally offer different/more benefits to full time employees. The best way to solidify your businesses position on who is and who isn’t a full time employee is to use a Good Leadership Skills software to help them write a comprehensive employee handbook. The language is important since by simply saying something like anyone working forty hours per week is considered a full time employee might indicate someone that normally works just twenty hours is offered additional hours for a couple of weeks. If in doubt consult with a Kentucky employment labor law attorney.
Kentucky requires that an employee be afforded a reasonable meal period no sooner than the third nor later than the fifth hour of the employee’s scheduled work day.
Kentucky employment labor law requires that an employee is entitled to a paid ten minute break for each four hours of work. Kentucky does not mandate when this break period must occur, however, it is recommended that you try to provide that paid break sometime during the four hour period and not at the very beginning or the end. When it comes to lunch periods Kentucky requires that an employee be afforded a reasonable meal period no sooner than the third nor later than the fifth hour of the employee’s scheduled work day. However, if the employee and the employer agree to a different arrangement Kentucky law recognizes that. I would make sure that this agreement is committed in writing, and the request is initiated by the employee so that coercion is not suspected.
Kentucky employment labor law does not require an employer to pay an employee for any unused vacation time earned if the employee leaves the company voluntarily or is terminated. That decision is left up to the employer. However, I would caution you to make sure that you have a written policy within your employee handbook that clearly outlines how it is handled. Again, there is some very good Good Leadership Skills software or Kentucky employment labor law attorney’s that can assist with the process, depending on your budget. The important factor is that if an employee files a complaint your past practice will be looked at carefully.
As an employer it is very important that any employment action you take is not carried out so that it is considered discrimination.
Kentucky employment labor law does not prohibit an employer from requiring an employee to work overtime. Of course an employee can choose to either work the overtime or leave the company. As an employer it is very important that any employment action you take is not carried out so that it is considered discrimination. That could mean that you only offer overtime to certain groups of people and not others. Or in an effort to terminate someone you require someone that is in a protected class to work unreasonable amounts of overtime to drive them out. A protected class would be something such as; age, gender, national origin, race, color, religion, disability, etc. My recommendation would be that you treat everyone the same. As a business owner it only makes sense to reward good performers and take action against those that are not.
Kentucky employment labor law has many other rules and requirements that an employer should be aware of before going forward with a business that employs people. A very good website for additional information would be http://www.labor.ky.gov/ows/employmentstandards/faq/. Understand that nothing contained in the above information is considered legal advice, only information that you as a business owner or employee can use to gain a better understanding. Also understand that state laws change and it is wise to make sure you research or confirm any information contained here.
Maryland Labor Law Information
The objective of Maryland employment labor law is to create a safe and healthy environment to live and work. It is enforced by the state Division of Labor and Industry. The law goes into great detail to define safety requirements for people working in various sectors which are deemed to be especially risky such as boilers and elevators.
Maryland employment labor law also has put in place rules and regulations which protect employee rights and sets minimum wages. It defines hours of labor, obligations of employers, and conditions of work and wage rates.
Maryland employment labor law endeavors to protect both the interests of employers and employees setting obligations and responsibilities for both. It regulates engagement rules right from the point of the interview by clarifying the issues to which the interview must be confined and questions that must not be raised. But it permits employers to make their decisions to recruit on issues beyond merit and professional qualifications. A prospective employee can’t contest a prospective employer’s decision not to hire him or her on the grounds that he or she scored highest in the interview.
A religious post may require that the holder be a professed faithful of that religion…
Factors to do with age, sex, religion, sexual orientation, disability and race are not permitted to be used for hiring, promoting or dismissing employees according to Maryland employment labor law. There may be however strict exemptions especially if the nature of the job makes it impossible for someone with certain features or characteristics to perform the functions of the job. As an example, religious organizations may require that the candidate be a professed faithful of that religion. In addition certain jobs may be unsuitable for people with certain disabilities depending on the nature of the job and the disability.
Questions to do with marital status and marital plans are outlawed as well as issues of having children or plans to have any. Where one was born, sexual orientation and whether one has ever been arrested should not determine an individual’s eligibility for any job. But record or records of criminal convictions is considered valid and relevant by Maryland employment labor law especially where integrity is critical. The employer does have the right to inquire whether one is eligible to be employed in the US before employing him or her. However, they are not required to prove it until a job offer has been made. If the candidate is not able to provide that proof after the job offer has been made the employer does not have to continue the employment relationship with the candidate.
Concerned parties need to know what happens in cases of breach.
Do reference checks is another issue which is sufficiently regulated by Maryland employment labor law. Providing false or malicious information is an offense for which one may be charged. Employers find it safe to limit the information the offer during a reference check to commencement dates, separation dates and information concerning wages. This information is meant to corroborate other information provided and test the integrity of the employee.
Employers should issue employee handbooks in which they should restate their position as an equal opportunity employer. It should also provide guidelines on various issues such as sexual harassment, other forms of harassment and safety provisions. Concerned parties need to know what happens in cases of breach. But the employee handbook is just a recommendation. The staff at Good Leadership Skills strongly suggests that you seek advice from a legal professional since handbooks can suggest certain rights.
Maryland employment labor law suggest that employee handbooks reaffirm the position of the company on Family and Medical Leave Act. In short the handbook should confirm that your business is striving to live according to the provisions of state regulations.
Again, Good Leadership Skills understands when you are dealing with legal issues such as those within the Maryland employment labor law it is wise and strongly suggested that you allow a legal expert to confirm any policies or procedures you apply to your workplace. Many of the Good Leadership Skills on the market do a very good job of knowing state employment labor laws.
Massachusetts Labor Law Information
Massachusetts employment labor law and federal law prohibits discrimination against anyone for age, sex, race, color, national origin, religion, or disability. Provided they don’t discriminate an employer is permitted to hire and promote the most qualified applicant or employee that they feel fits the job position best. Keep in mind though that almost everyone will fit into one of these catagories sooner or later. As an example anyone over forty fits into the category of age. If you have an employee handbook I would recommend that you include a policy on discrimination and any policies concerning employment actions.
Have you ever been arrested?
Massachusetts employment labor law also does not permit an employer to ask questions that have nothing to do with the job position that the applicant is applying for. Some of those questions are;
Do you have children or are you planning on having any?
On the other hand an employer can ask the following questions;
Have you ever been convicted of a crime for any reason?
Massachusetts employment labor law is an employee at will state. This quite simply means that either the employer or the employee can end the employment relationship for any reason or no reason at all, provided it does not violate the state or federal law on discrimination. Some exceptions to this would be if there is a collective bargaining agreement or an employment contract. In Massachusetts having an employee handbook can constitute an employment contract even if you have a statement about an employment at will clause. I would consult with a Massachusetts employment labor law attorney ane/or utilize a reputable employee handbook templates software program.
Massachusetts employment labor law along with federal law also prohibits sexual harassment against anyone for unwelcomed sexual conduct or advances, physical contact or verbal acts of a sexual nature that occurs in the workplace. A common term used in sexual harassment is called “Quid Pro Quo” which means this for that. This simply means that a workplace benefit is offered in exchange of sexual conduct or favors. As an example if an employer were to tell an employee that if they were to have sex with them they would receive a promotion. On the other side of that same coin the employer could also tell the employee that if they don’t have sex with them that they will be fired. Both are illegal and should be reported to the Equal Employment Opportunity Commission. There are time limits to report sexual harassment claims.
Michigan Labor Law Information
Michigan employment labor law protects employees from being discriminated against because of their age. If an employer treats an employee less favorably because of their age, forty or over, this would be recognized as possible age discrimination. However, sometimes proving that an employer acted less favorably is very difficult. As an example during the hiring process an employer generally is not mandated to hire the most qualified individual; therefore, they may hire a younger worker but not have to disclose why!
The age discrimination law is not only a Michigan employment labor law, but also a federal one as well. The law states that an employer can’t discriminate against someone during the hiring, compensation, conditions of employment, privileges of employment, discharges, promotions, etc. What will generally get an employer in trouble would be if a trend becomes very evident or they verbally make’s statements against someone because of their age. Statements like we like fresh blood in our business.
The federal Age Discrimination in Employment Act of 1967…
The federal Age Discrimination in Employment Act of 1967, also referred to as ADEA, protects individuals who are forty or over as I mentioned above. This means that asking for a birth date or someone’s age during the recruitment process would be an illegal act. The only exception would be if you need to know if someone is over a certain age to sell perhaps alcoholic beverages. But make sure you limit yourself to only asking if someone is over the legal age. Make sure you double check with the Michigan Department of Labor if this is legal.
The Good Leadership Skills website also strongly recommends that your incorporate your businesses position on age discrimination in your employee handbook. Provided you follow your position having it included in your employee handbook will potentially help you if an employee ever files a claim for age discrimination against you. Of course there is no guarantee that you will be completely protected. You may want to double check with Michigan employment labor law to make sure that if you have an employee handbook that a clause about an “employee at will” should be added.
They request a picture be submitted with any resume…
Like I mentioned earlier it is an employer’s actions that generally gets them in trouble with discrimination laws. Although they do not say any directly they hire only individuals far less than forty. They make statements that indicate that this is their intent. They request a picture be submitted with any resume. They make reference to age in many of their conversations. They tell age related jokes. I can go on and on but the bottom line is that the federal employment labor law as well as the Michigan employment labor law will catch up to you if you act in this manner.
The Michigan Elliott-Larsen Civil Rights Act, also known as the ELCRA (MCL 37.2202) prohibits age discrimination. Follow it and incorporate it into your employee handbook along with all your other employment policies.
Although we are not partners with them we…
The Good Leadership Skills website wants to be your choice for employment related issues. We also have a recommended Standard Legal software that offers services to assist you in your efforts. Although we are not partners with them we do receive an incentive for any purchases you make; however, if you are not satisfied (I have not personally been involved with any that has purchased the software returning it for a refund in over three years) you would need to seek your refund through them.
The Michigan employment labor law covers many more topics than just age discrimination and at some point in the future I hope to provide more information on them. Please return often and/or book mark the Good Leadership Skills website so that you can easily return.
Thank you and May God Bless You!