Labor Law Training
Anyone running a business today that has employees will soon realize how important labor law training is to the success of their business.Everything from trying to understand the law as it applies to exempt versus non exempt employees, as well as, independent contractor versus a regular employee. Making a mistake in either of the above examples could cost you thousands of dollars. If you’re like most businesses today thousands of dollars for an expense that is not necessary may be just enough to put you out of business. First do you have control over the work as it is being completed? The labor law training I provide for free on this website answers this in more detail but in general terms do you tell them specifically what time to show up and what time to leave. Do you control them as it relates to breaks and lunch? Other than canceling a contract do you discipline any of them? Do you supply all their tools? Do you supply them with a uniform? Do you pay for the supplies they are using? These are just a few examples of the questions that will determine if they are an independent contractor or an employee. True enough you may be able to get away with not having to provide all the federal and state mandated benefits if they are an independent contractor, but in the end if they are not you will be paying the price later. That is the importance of labor law training! As part of any labor law training you need to know about exempt versus non exempt employees. Non exempt employees fall under the Fair Labor Standards Act (FLSA) and are eligible for such things as overtime. Exempt employees do not fall under the FLSA and you are not required to pay them overtime. Generally non exempt employees are paid by the hour and exempt employees are paid a salary. Exempt employees are able to make decisions in hiring, firing, budgets, spending, etc. Non exempt employees as a general rule do not. On the other hand an exempt employee could be a professional and not get involved in any of these. An attorney would be a good example of a possible exempt employee. An engineer may be another example. There are exceptions to all these rules but this should get you started. Again, that is the importance of labor law training. Of course you can enroll in some very expensive college course on labor law training. In some cases you can even do it online which is probably more sensible and less expensive. Another choice may be to use a reputable software company that produces labor law information and tools to help you. Tools such as an employee manual that covers all the necessary policies for almost any business sufficient for any state. It is important to look for a software that has been written by employment attorneys that know what they are talking about. Beyond the following links is significant labor law training for the State's Alabama through Connecticut. More Labor Law Information Delaware through Michigan Employment Labor Law Information Minnesota through Wyoming Employment Labor Law Information Exempt Employee Federal Labor Laws Independent Contractor vs Employee Labor Law Posters Good Luck and May God Bless You! Alabama Labor Law Training Alabama labor law leaves it up to the employer to offer fringe benefits such as vacation, severance, annual leave, sick leave, and bonus pay. Certainly this is only a short list of the possibilities that an employer can provide. The same is true when an employee leaves the company for any reason. If the employer has a written policy, such as an employee handbook, that does provide for an employee to receive payment for any of the above fringe benefits then they most likely could be held responsible for paying them. You individual state labor law training should help you determine what labor law posters are required. One was you can do this is by contacting the Department of Industrial Relations, Technical Services Division or go to the posted website at www.dir.state.al.us and you should be able to find some downloadable documents. You can also find many websites that will also offer free and low priced federally required labor law posters. In some cases it may be easier to purchase a larger labor law poster that has all the required postings in one. As an employer doing business in the state you must follow all the Alabama Law requirements. Alabama Labor Law Training Alabama labor law prohibits an employer from discriminating against an employee for race, color, national origin, sex, religion, disabilities, age, etc. At some point everyone will fit into one of these categories. As an example once an employee hits the age of forty they become protected against age discrimination. The agency in the state of Alabama that handles discrimination is the Equal Employment Opportunity Commission (EEOC) which is located in Birmingham. Their telephone number is (205) 731-0082. Their website is www.eeoc.gov. Alabama labor law no longer goes by prevailing wage rates. They were ended in 1980; however, the United States Department of Labor still enforces the Davis Bacon rates. As it turns out these rates are equal to the prevailing wage rates. For more information on the Davis Bacon rates you can contact the United States Department of Labor-Wage and Hour Division at their website, www.dol.gov/esa. Alabama Labor Law Training At the time of this writing Alabama labor law does have a minimum wage of $7.25 per hour, which is the federal law. In other words Alabama does not have a minimum wage of their own, but of course in the end this really doesn’t matter and is much easier to administer. Alabama Labor Law Training Alabama labor law is an Employment-at-Will State. This means that an employer is free to hire and or fire an employee for any reason, or no reason at all. The only exception to this would be that an employer is not permitted to discriminate any employee for any reason. However, there are exceptions to this rule and that would be if an employee is covered under a collective bargaining agreement or an employment contract. Now as it relates to having an employee handbook and whether that affects the Employment-at Will clause it is best to consult with an employment attorney for advice. Alabama labor law does have rules on an employer having to provide an employee time for Jury Duty. Any full time employee is entitled to their usual compensation received from such employment during the excused absence period. An employer is not permitted to terminate any employee solely based on their serving on Jury Duty. There are some exceptions to this, such as if the employee does not return to work on the following day after being released from serving on Jury Duty. If an employee is discharged for serving on Jury Duty they will have a cause of action for wrongful discharge. As an employer if you have an employee handbook it would be beneficial to make sure that you have a written policy on how you will administer any employee serving on Jury Duty. This may include what documentation is required and as stated above their responsibilities for reporting to work when released from Jury Duty. Finally, Alabama labor law requires that an employer provide its employees with a reasonably safe workplace. They must use all reasonable safeguards and devices to protect their employees from harm. This is all covered in Title 25, Industrial Relations and Labor. There are more rules that apply to Alabama labor law training and it is strongly recommended that you follow up on these by visiting the Alabama’s Department of Labor at http://www.alalabor.state.al.us/. Alaska Labor Law Training Alaska labor law prohibits discrimination as all other states do as well. This means that employers can’t make employment decision based on age, ancestry or national origin, physical or mental disability, AIDs, HIV, gender, marital status including changes in status, parenthood, race, religion, and mental illness. Although Alaska labor law follows an Employment-at-Will position, it does not mean that an employer can act recklessly. As an example an employer must act in good faith when making employment decisions for such things as hiring, firing, promotions, training, raises, etc. For the most part an employer can do as they wish so long as they don’t discriminate or not act in good faith. Some say that an employee handbook would jeopardize an employer’s ability to follow the ”Employment-at-Will” status. I strongly recommend that you consult with a legal professional such as an employment labor law attorney for guidance. Alaska Labor Law Training When we talk about discrimination against age we are speaking about anyone forty years old or older. That simply means that all of us will fit into this discrimination category if we live long enough. On a more serious note what it means is that you can use age as a reason for providing or not providing an employment action. As an example if you made it a policy that only those of a certain age group (less than forty) were eligible for health insurance. This would most likely be considered discrimination. Nothing is perfectly clear when it comes to discrimination and it would be left up to the Equal Employment Opportunity Commission (EEOC). Alaska labor law does not have a state mandated drug and alcohol testing requirements. However, an employer may test for any job related purpose, to maintain productivity or safety, as part of an accident investigation, or upon reasonable suspicion. Now this being said the employer must provide written test results within five working days. An employee can request an opportunity to explain a positive test for up to ten business days. If an employer decides to implement a policy on drug and alcohol testing it must provide a written policy, such as within an employee handbook so that all employees are aware. Alaska Labor Law Training Another critical part of labor law training for Alaska is that an employer must pay a terminated employee within three business days or by the next payday, whichever is sooner. It may be wise as an employer to pay them as quickly as possible, and maybe at the time of termination. This may allow you to have the employee sign for their final paycheck. If an employee quits the employer is required to pay the employee on or before the following next scheduled payday, unless the next scheduled payday is less than three days away. If this is the case the employer has up to three business days to issue the final paycheck. Arizona Labor Law Training Arizona employment law covers many of the same topics as the federal employment law does, but in some cases goes a little further. Understand that although the Good Leadership Skills website is not a legal authority our hope is to give you some insight to some of the employment laws that are enforced in Arizona. The Arizona law does not force an employer to hire or promote the most qualified employee. There are often other reasons we may consider other than the one most qualified such as for their ability to be a team player. But in most cases it is to the business owner’s advantage to offer this to the most qualified individual. However, it is against the law to not hire or promote an individual based on personal characteristics that are not job related. This includes but is not limited to; Age, Race, Sex, Religion, National Origin, or Disability. The only possible exceptions to these would be if it was directly related to the job. As an example a religious organization could limit hiring of their pastor to their specific religious beliefs. It is important that you review the current Arizona employment law practices often to make sure there haven’t been any changes. Arizona Labor Law Training Are you planning on getting married? During an employment interview according to Arizona employment law you are not permitted to ask certain questions that are not job related. To list just a few of these questions; Are you married? Are you planning on getting married? How many children do you have? Are you planning on having any children? Where were you born? Have you ever been arrested? Are you gay or what is your sexual orientation? However, there are some questions that are permitted under Arizona law that could effective their job performance such as; Have you ever been convicted of a crime? Are you able to physically perform the position with or without reasonable accommodations? Are you able to prove you’re eligible to work in the United States? Keep in mind that Arizona employment law does not require any business to have an employee handbooks; however, it may be a good idea. A handbook helps to make sure that your employees have received and know your employment policies and serves as proof of both. One of the cautions in Arizona is that in certain circumstance if you change policies within your employee handbooks you may be required to insure your employees accept the changes and potentially compensate them for those modifications. As stated earlier the Good Leadership Skills website strongly recommends you get legal advice from a licensed professional before making a final decision on producing an employee handbooks. Arizona Labor Law Training If an employer makes sexual advances or statements that are… The Arizona employment law also covers sexual harassment. The Arizona sexual harassment law provides for a business to be held liable to an employee for violations. If an employer makes sexual advances or statements that are true and held up they could be held accountable. Of course for what is referred to as “Quid pro quo” which is short means that if an employer offers job related benefits for sexual favors or conduct. One of the other violations would be if an employer maintains a very sexual work environment. Of course all situations are different so a licensed attorney should be consulted to evaluate the circumstances. All labor law training must include information on discrimination and although it should go without stating Arizona employment law is no different in that it prohibits discrimination in regards to age, sex, race, national origin, disability, religion, pregnancy. It is consider illegal for an employer to discriminate any individual who fits into any of the above categories with regard to promotions, job assignments, wages or termination. In addition, an employer can’t terminate any employee for refusing to break a law, for filing a discrimination claim, a safety claim, and for taking Family Medical Leave. I hope that this gives you a good taste of what Labor Law Training you may need if you live in Arizona and how it can affect a business owner. Arkansas Labor Law Training Arkansas labor law is an “Employment-at-Will” state. That simply means that an employer or the employee can terminate employment for any reason or no reason at all. Of course there are some exceptions to this. An employer is not permitted to make employment decisions based on gender, race, color, national origin, age, or disability. In addition to these they are not permitted to terminate a woman for being pregnant or for having an abortion. If an employee feels as though an employer has discriminated against them they can contact the Equal Employment Opportunity Commission which administers the federal discrimination laws. Other things that can change Arkansas labor law on an “Employment-at-Will” position is if the employment is protected by a collective bargaining agreement. A collective bargaining agreement is generally considered a union contract. Therefore, if an employer desires to terminate an employee they must follow the collective bargaining agreement in that process. As an example, the collective bargaining agreement will most likely list a process such as a number of previous warnings. Now keep in mind that this is only an example. Arkansas Labor Law Training Having stated everything above understand that having an employee handbook could jeopardize that position. Generally speaking an employee handbook will present policies that infer some type of continued employment. It all comes down to the language that you use. Therefore, it is very wise to utilize a very reputable Good Leadership Skills software, or consult with an Arkansas labor law attorney. In either case they should be able to guide you through the process. My personal opinion is that why in the world would you want to let an employee go that was producing for you. In the event that they are not producing then it would be easy to document their behavior or performance and following a written procedure terminate that employee. Arkansas labor law states that if an employer terminates an employee the employer only has seven days of the discharge date to issue that employee their final wages provided they request it. If the employee does not make a demand for that final pay they employer has a maximum of the following payday to issue those final wages. Of course if there is some other agreement that has been agreed upon by all parties it would stand unless it is considered illegal. Arkansas Labor Law Training Arkansas labor law does state that an employer must pay an employee for all hours worked over forty in a work week. Understand that an employer decides the work week; however, this must be set and can’t be flexible just to avoid paying out overtime to an employee. Overtime would be paid at one and one half times an employee’s normal hourly wage. This only applies to non-exempt employees. A non-exempt employee is generally thought of as not a supervisor or manager. Please consult with an Arkansas labor law attorney for more information on exempt versus non-exempt employees. Also understand that when we talk about total hours work over forty in a work week that only refers to hours actually worked. Therefore, if an employee is paid for such things as a holiday, when they did not work it, those hours would not count toward total hours worked in that week. As you will find out through your labor law training Arkansas law does not provide for an employee over sixteen years old to receive a break or meal period. Although not required I personally believe that people need to take a break and/or have a meal period depending on how long the employee is scheduled. If a meal period is allowed and the employee is totally relieved of their duties the employer is not required to pay the employee for that time. However, if the employee is not totally relieved the employer is required to pay them for that time. Generally speaking short breaks, if provided, are not deducted as it relates to wages. All of this should be a part of your employee handbook. Please remember that having an employee handbook is not a requirement of the state, but could clear up a number of an employer’s positions of things such as discrimination, sexual harassment, leave, breaks, discipline, employment at will, etc. I strongly suggest that that as you consider what labor law training you need that you also consult with an Arkansas labor law attorney or use a reputableemployee handbook template software to assist you in writing your policy manual. Standard Legal is a very good and inexpensive software to use. California State Labor Law Training California state labor law is well developed and covers all issues that may be encountered in all state businesses. It envisages issues that may be contentious and which may be the subject of disagreements and abuses and outlines clear policy guidelines which fairly cater for the parties concerned. Employers are not obliged to employ only those with the highest rating, qualification or expertise but can take other factors into consideration. Issues of integrity are critical in jobs and can play an important role in determining whether an individual is finally hired for a job, or not, even if they have all the other qualifications. These practices must be incorporated into your employee handbook. Personal information may be sought but questions regarding age, country of origin, religion, physical features, sex and race are considered discriminatory. California state labor law does not consider these issues to be of any relevance or significance when assessing the suitability of potential candidates for possible recruitment for certain positions. There may be a few exceptions to these especially where it can be shown that any of these factors will determine the ability of the individual to perform the functions of the job. Again, I would make sure that your hiring practices state this within your employee handbook so that if an EEOC claim is presented against you there will be a policy in place. California State Labor Law Training Whether an individual has children or plans to have some… California state labor law is very categorical on questions that must not be asked. It is considered to be of no good intention whatsoever to ask whether a candidate under consideration is married during an interview. Their plans as far as marriage is concerned are similarly not in the sphere of professional concerns. Whether an individual has children or plans to have some should never be asked nor considered during an interview. Likewise the place where one was born serves no useful purpose and is prohibited to inquire about. Whether an individual has ever been arrested, or not, should not determine their eligibility for a vacancy. It is only convictions which count because California state labor law recognizes this as a valid point for consideration since the individual has been proven to have acted in a manner that is not acceptable by a recognized judicial system of the state. A candidate must be able to prove that he or she resides in the state legally and is eligible for employment. Incorporating a statement about whether someone with a criminal record can be employed within your business should be included in your employee handbook. California State Labor Law Training California State Labor law prohibits any character assassination… While references are crucial for determining the credibility and integrity of a prospective employee, malice and character assassination are highly discouraged. References are limited to professional conduct and any aspect of it that may be seen to infringe on human and legal rights may attract legal suits. Employers have therefore found it convenient to confine themselves to such issues as date of recruitment, last date of work and salary details. California state labor law prohibits any character assassination which may jeopardize chances of getting jobs and similar opportunities. It is critical when giving any negative reference information that it is provable. If it can’t be proved do not present it. To make it easy for your employees I would present your position on reference checks within your employee handbook. California state labor law training recognizes that there are situations where people are employed without formal contracts for one reason or another. This kind of situation leaves the employee at the mercy of the employer but the law still makes some provisions which will act as a guide in case of conflicts. Even though it is not obligatory to have an employee handbook, it is recommended as an effective guideline for staff and also a means of dispute resolution if and when disputes arise. It should include a statement of equal opportunity placement and state the position of the employee in the company. California State Labor Law Training California state labor law is very strict on sexual harassment and does not… An employee handbook should make the company position on sexual harassment clear. This includes the definition of what amounts to sexual harassment and the penalty it attracts. California state labor law is very strict on sexual harassment and does not condone any form of behavior which may be considered abusive to people in employment positions based on their gender, sexuality or sexual orientation. Rules regarding access to the internet, electronic mails and general voice mail policies should be outlined. The law makes it mandatory for employers to provide safe working conditions for their staff. The work place must be designed in such a manner that eliminates any obvious possibilities for injuries. Besides the preparedness to prevent injuries, there must also be provisions to deal with them in the event they occur. This includes policies to compensate the injured and pay for their medical bills. California state labor law training prohibits the practice of terminating or discriminating against staff on the basis of their age, physical conditions like disability, sex, race, pregnancy and place of birth or nationality of origin. These factors must not constitute grounds for consideration in job promotions, termination and wages. No individual shall be fired from work for refusing to go against the law. Cases of termination must be dealt with according to terms of contract and in accordance with provisions of the law. Employees are entitled to leave according to Family and Medical Leave act. As you can see California labor law training is very strict in many areas of the workplace. I can’t stress enough to have an employee handbook so that you have a method to inform your employees and clear cut policies on how you handle certain situations within the workplace. There are many great employee handbook software programs that are very inexpensive and comprehensive. Take advantage of them for your own protection! Colorado Labor Law Training Colorado labor law is one of the most liberal and favorable in the United States. It defines several aspects of the rules of engagement as far as job performance is concerned. There are specific guidelines on the kind of questions permitted and any question perceived to have the potential of creating room for discrimination are not allowed in interviews. Prospective employers are required to ask only questions which are specific to the job performance. I would incorporate these types of subjects (hiring practices) within your employee handbook. Decisions to hire and or promote employees is left to the discretion of the employer who is not obliged to hire or promote the most qualified or experienced person. Colorado labor law leaves it upon the hiring authorities to make their decisions on a broad range of factors such as personal character traits. This by far makes it easier to consider personalities, as we all know come into play within any business environment. Connecticut Labor Law Training Connecticut labor law, like most states have laws against discrimination. In the state of Connecticut the law protects the following individuals from discrimination; Anyone 40 or over Ancestry or National Origin Disability, including Physical, Mental or Learning AIDS HIV Gender Marital Status Pregnancy, Childbirth, and related Medical Conditions Race of Color Religion or Creed Sexual Orientation Genetic Testing Information Mental Retardation As you can see there are a number of categories listed above that everyone at some point in their life will fall into. This makes it very difficult for employers if they do not insure that they are treating everyone fairly and equally. Connecticut Labor Law Training However, generally they will find themselves in trouble when they make… For the most part an employer will comply with the Connecticut labor law without any problems. However, generally they will find themselves in trouble when they make uncalled for statements, such as, we need some new blood around! Or maybe saying something like, those types of people…! You generally won’t hear anything from anyone until your deny them an opportunity later.One way to make sure that you make your position on discrimination clear in your workplace is to include an Equal Labor Opportunity statement in your employee handbook. Your employee handbook can inform your employees that you will not tolerate discrimination within the workplace, and well as what they can do if they fill they have been discriminated against. Most Good Leadership Skills software will have well written example policies that you can modify to fit your business. Connecticut Labor Law Training On the other hand, if the employee quits… Other Connecticut labor law guidelines include everything from when an employee receives their final paycheck if they are terminated or quit, to smoking within the workplace and everything in between. As an example Connecticut labor law demands that you must pay a terminated employee no later than the very next business day. On the other hand, if the employee quits, you can wait to issue their final paycheck on the next pay day scheduled. Vacation is one of those issues that we will not address in this article; however, it should be included in your employee handbook. If your business requires drug testing as a condition of labor Connecticut labor law requires that you inform any potential employee in writing. Any drug and alcohol testing can get very complicated and you should consult a legal labor professional before taking any specific position on it within your business. If you do decided to go forward with a drug and alcohol program policy make sure you include it in your employee handbook. As a minimum you may want to consider using language that makes it against company policy to be intoxicated in any way when on duty, or in an on call status. Please understand that on any labor law issue it is important that you should always consult with a labor attorney or legal professional. Laws continually change whether through the legislature or court rulings. Because they can change quickly you must protect yourself by finding out the most current laws and receive qualified labor law training. Thank you for reviewing this article on Labor Law Training - Return |
