Amendments To The Ohio Employment Law – Filling The Gaps

July 18th, 2009 at 10:10pm Under Employment Law

The Ohio Employment Law does not appear have definitive parameters. The voters approved an increase in the minimum wage rate to $6.85 per hour by amending the constitution. Under this law, all employers have to maintain and set up payroll records for every employee. This rule did not go down very well with the business community. They felt that the law was highly inconvenient and rigid. The politicians tried to amend it, and in the bargain managed to make it even more vague than it was earlier. This will definitely prove to be a constitutional challenge.
A tricky area in the Ohio Employment Law is the definition of the term ‘employee’ and who is deemed to be an employee under Ohio Wage and Hour Law. This is a relevant point because there are workers under the age of 16 in Ohio. As per the Law, all the employees must be paid the minimum wage of $6.85 per hour. There are exemptions for this rule and the minimum wage rate need not be paid to workers under the age of 16, workers that are earning tips and family members working for the family business.
The bill amended by the politicians added to the confusion more than ever before; the amendment narrowed down the definition of employee even further, to exclude some more types of employees from the purview of the minimum wage. These were outdoor sales personnel, live in companions, camp counselors and newspaper delivery persons. This further messed up things for Ohio Employment Law.
Few other changes were made to the law. It was mandatory for the employers to give details like name, address, telephone number, email, website address and fax number to the employees. This information had to be given to the employee on his first day at work. If the company decides to shift operations, all employees have to be informed within 60 days of making the change. This could be done by pasting a notice on the bulletin board or giving individual notes to employees. Complete payroll records must be maintained in a prominent place and all workers should have free access to it. The Ohio Employment Law does not put limitations on the request for records; theoretically, any worker can see the records of other employees, including that of the boss.
A small concession that the amendments introduced by the politicians managed to make was that, they limited the amount of information that could be requested and who could request for it.

Employment Law In France – Vive La Difference!

July 18th, 2009 at 04:11pm Under Employment Law

The Law for Employment, followed in France is different! It is unique in its own manner. An ideal law, found nowhere else in this world. This is just a synopsis on what is all the hue about.
You are fired! These three words are not to be made common according to this law. This means that, the circumstances and the boundary line for throwing out an employee are more restricted. Employment law in France is not out of their wish, not as one opts for. The reasons for the employee being thrown out ought to be brought to his or her notice.
On an over view, the law implies that, firing or dismissing an employee is a formal practice and is no melodrama! There a certain set of very complex procedures and rules to be followed, to sack the person.
Apart from dismissing the employee, the second eye catching regulation that makes the Law for Employment in France, ideal from other countries is lay offs. These lay offs are also known as redundancies. Considering the constraints of the regime’s economy, lay offs also has a set of convoluted restraints and principles to be followed. These are provided exclusively for the effect of lay offs in mass in particular.
A peculiar fact in this Labor Law of France is their processing towards legitimacy, in which, the entity of France, should be financially in debt, to justify their actions in firing one of the staffs or rendering them superfluous. Due to this, as such, certain agencies of the State of France have the authority to get the info on the laying off of any of the faculty members of private sector units.
This methodology or the tradition followed, is beneficial in one way, and secures the state as well, by the fact that the organizations that want to process the laying off of the staffs, have to rely on other agencies that are run independently. In this way, it also paves wa for a second opportunity for them.
A not so expensive and not very difficult task for an employee is, starting a law suit in opposition to her or her previous employer. The courts file their complaint and the judges are elected by the employees or the employer, themselves. The courts that deal with relationships between the labourers and their employers is called Conseils de Prud’homme. As compared to the United States, where you become a pauper if you file a law suit, France legitimacy is more acceptable and reasonable.
In France it is a rare sight for dismissing claims without the employer being awarded in opposition to him or her. This is so unlike the law followed in US. These kinds of claims are generally made on consideration of each case.

The Nature Of The Employment Law – Its Eccentricity & Safety Precautions

July 18th, 2009 at 10:10am Under Employment Law

If you are in the bad books of your employer, the employment law is undoubtedly going to create a huge problem. A thorough knowledge of the areas of the employment law that may apply to you, is probably your only option if you want to save your butt in the worst possible case.
At most times, the human resource employment law will be your area of concern. It is quite a large division nad deals with various employee activities like workplace violence to absenteeism. Currently, the most happening area of the employment law is the ban imposed on smoking, which has come to effect in most parts of the country. Do not blindly think that all smoking bans are similar. They have variations. In the last year alone, 9 states (now 23) have forbidden smoking in places that are open to public. Your place of work is considered a public place.
You must be familiar with the employment law that exists in the state you live in, so that you don’t risk making fouls. Do a thorough and careful research because sometimes there are lots of variations between state laws and locals laws, and also among cities. For instance, California banned smoking in workplaces in the year 1995. On the other hand, Louisiana which effected the ban in 2007, exempted certain types of businessses. Check if you belong to any of those categories. Keeping a check on the employment law of your location will aid in keeping you out of trouble, both in the workplace and outside.
Things don’t just stop there. It gets worse. Several states which have not imposed smoking bans have a few municipalities that have implemented them to certain businesses and public locations. Below are some very interesting figures. As per the 2007 surveys, 2,507 municiplaities have imposed smoking bans. 570 out of the 2,507 emphasize on a 100% smoke free workplace.
Another example is that Illinois has no state law enforcing public ban on smoking. But 37 cities and counties including Cook County and Chicago have bans. Similarly, Austin, Houston, San Antonio and Dallas along with 20 other municipalities have bans though Texas doesn’t. The eccentric nature of the employment law is highly dangerous because if you do not take enough time to read every clause mentioned in it, you are likely to find yourself in a lot of illegal nonsense. Another example that indicates the place-to-place variation in laws is that certain tobacco and alcohol trade companies have been excluded. To say that it is confusing, would be an understatement. However, it is better to be safe and take necessary precautions instead of getting fined heavily.

HAWAII EMPLOYMENT LAW ALERT: DEPARTMENT OF LABOR TO INCREASE AUDITS

July 18th, 2009 at 04:10am Under Employment Law

HAWAII EMPLOYMENT LAW ALERT:  DOL TO INCREASE AUDITS

On March 24, 2009, the Department of Labor (“DOL”) issued a statement making clear that employers, including Hawaii employers, can expect an increase in DOL audits.  The statement, issued through Secretary of Labor, Hilda Solis, can be found at the DOL’s website, http://www.dol.gov/opa/media/press/esa/esa20090324.htm.

Among other things, Ms. Solis stated that she is “committed to ensuring that every worker is paid at least the minimum wage, that those who work overtime are properly compensated, that child labor laws are strictly enforced and that every worker is provided a safe and healthful environment.”

In addition:

The department’s Wage and Hour Division has already begun the process of adding 150 new investigators to its field offices to refocus the agency on these enforcement responsibilities. In addition, under the American Recovery and Reinvestment Act, the agency will hire 100 investigators to ensure that contractors on stimulus projects are in compliance with the applicable laws. The addition of these 250 new field investigators, a staff increase of more than a third, will reinvigorate the work of this important agency, which has suffered a loss of experienced personnel over the last several years.

Finally, Ms. Solis stated that:  “I am dedicated to ensuring compliance with federal labor laws to both strengthen our economy and protect workers in this country.”

Given the expressed intent of DOL, it is critical that Hawaii employers take the necessary steps, now, to both reduce the risk of potential liability connected to a possible audit AND to prepare for audit itself. 

Thus, Hawaii employers should at a minimum take the following steps prior to and during the audit:

After the audit is completed, it is critical that the Company not repeat any errors in policies or procedures identified by DOL.  Accordingly, any necessary revisions should be made promptly with assistance of counsel.

Roman Amaguin, Esq.; romanamaguin@yahoo.com; www.amaguinlaw.com

Roman Amaguin, Esq. is a Hawaii lawyer specializing in employment law, labor law, and civil litigation.

San Fernando Valley Employment Law Attorneys: on Asserting Employee’s Rights

July 17th, 2009 at 10:11pm Under Employment Law

“Assert your rights, from the time you are hired to the day you leave”, as the relevant quote relates, must be considered by every worker once they enter the world of employment. As an employee in the San Fernando Valley area, you should have this principle implant in your thoughts always, as your way of protecting your rights from unwanted employment dispute encounter.Since time immemorial, employment disputes kept on entering the realms of employment. The same scenario happened at San Fernando Valley where several cases of employment disputes have casually happened. These employment oppositions are likely to grow in numbers especially now, when the valley have become the home to numerous companies and most well-known motion pictures, recording, and television production outfits.As can be gleaned from statistical data coming from the U.S. Equal Employment Opportunity Commission, in the line of systemic litigation, there was a significant increase of suit charges and filings. These charges were all relating to varied employment disputes like workplace discrimination.With this concern and through the medium of this article, group of qualified San Fernando Valley Employment Attorneys who are known advocates of upholding employee’s rights have wage information campaign all for giving employees the right knowledge respecting their employment. The Attorneys would want to inculcate to every employee, the proactive attitude and persistence especially in dealing with their employment predicaments.In this wise, the Attorneys would illuminate some basic knowledge regarding employee’s rights, in these respects.Employment Law and Employee’s RightsAs a whole, both the system of laws (the Federal and State laws) has bestowed employees with specific rights at the workplace. Among of these rights includes, the right to be paid the minimum wage, to safe workplaces, right to take leave, for employee benefits, right on personal files, workmen’s compensation rights, right for a fair and equal treatment, right not to be discriminated against in the manner or age, sex, religion personal circumstances and physical attributes.Along with the foregoing rights is the right of every employee to make protest, file constitutive charges and complaint for any employment law violation, or any harassment or discrimination that may have committed against them. In addition, the employees are given the right to appeal the findings of administrative tribunals that may appear to have some errors in law application or appreciation.Of course, as an added guarantee, all employment disputes must be resolve in the most expeditious way possible that is free from bias and prejudice. All these were guaranteed benefits for all employees extended by the government all for striking the big gap and imbalance between the employer and employee situation.Asserting YOUR rightsHaving all the laws and guarantees, there can be no escape for every employee not to be proactive in dealing with their employment dispute issues. The law has been laid, the procedure has been laid, the administrative body or courts have been founded, by then, there can be no reason to sleep with your rights.Foremost, in every employment related concerns that an employee has, whether simple or complex, it all boils down in the manner of effectively communicating their causes. Effective communication of causes of action can guarantee success in their respective employment issues. This matter is the expertise of an employment lawyers.As a matter of advice, when an employee is faced with employment troubles, they have to learn the mechanics of effective communication as well as learn the steps in asserting their rights.

Thus, the guide:1. Once you figured out that your legal rights might have been violated, first thing, confer with your employer or the human resource department in your company and tell them the whole story. When your claim is grave enough to be settled, you can have your claim coursed directly to the proper tribunal.2. Have your claim documented in such a way that can have your claim substantiated with ease. This would include important details of your claim, correspondences, supporting documents and other relevant papers having the same import.3. Timely confer with am employment lawyer to have the proper guidance and put your cause at the proper perspective.As a final note, it is an employee desire to be treated and compensated fairly, at all times. To foreclose any maltreatment, every employee must learn to assert his or her employment rights.

Our experienced San Fernando Valley employment law attorneys can help you protect your rights and interest during employment. For more information, log on to our official website and avail of our free case evaluation.

Employment Laws – Putting Them To Use

July 17th, 2009 at 04:10pm Under Employment Law

Back then employees were not protected as they would have preferred it to be. During the start of industrialization, many employees were mistreated even hurt. The workplace was not as regulated as it now. Fortunately for employees at present there are now employment laws that in some guarantees that a much safer and organized working environment. These developments are both beneficial to the employee and the employer. Employment laws cover the minimum amount a worker should be paid as well as their physical safety requirements. These employment laws demand very grave penalties when violated. The laws could be implemented on both state and federal laws.
Employment laws cover a whole lot of areas. There are employment laws that provide for persons with disabilities. Some tackle issues of discrimination over sex, race, age or religious affiliation and there are employment which cover issues for certain work environments like in the kitchens, factories or construction sites. Federal employment guidelines are guidelines that could be applied wherever the worker may reside in the country. However, there are also state guidelines that are being employed. These guidelines usually work in coordination with the federal guidelines. Although there are states guidelines that may be the same, one should always remember that they could be implemented in different manners. Thus when one transfers from one place to another it is important to note that the laws implemented before may not applicable in that area.
State and federal laws are both complex and are somewhat many in number. Although the basic phrasing of law could clearly state its meaning, there are many factors that come into play on how, where and when it could be implemented. Once a concerned individual feels that his or her rights were violated under any circumstance, they could seek the help of a lawyer/attorney to help them out on the case. The attorney should have an inclination towards these employment laws. These people would know what approach to take and what violations were actually incurred. There are cases which are simple others are not quite.
Employers are usually required by law to present the state and federal guidelines where employees would be able to see them. However, employment laws are from time to time changed especially when modifications to the work environment happen; laws are sometimes also changed with it. The changes correspond to the new needs that may arise together with the modifications. They are changed so as to address issues on keeping a safe and ethical work environment. As the working environment continually changes, new concerns and problems arises. With these comes the need to address such problems to continually cope up. Changes and modifications to the current guideline must be made in order to continually protect the rights of the workers.

Following Employment Laws – Why Are The Regulations Mandatory?

July 17th, 2009 at 04:11am Under Employment Law

There are a lot of laws that have been established to ensure employee safety in a workplace. The guidelines of the employment laws should be followed in everything related to work- from process of dismissals to the hiring process. From the time work environments became organized, many situations have cropped up that has led people to question the safety and benefits of workers. All this resulted in the implementation of several principals and values that protects not only the workers in question but also the employers. These laws cover many broad categories and there are a number of them, but they all work together as a valuable protective measure. Today, employment laws apply at both state and federal level.
There are many acts such as the Americans with disabilities Act which have caused the laws to be enacted. The ADA makes it punishable by law to discriminate against a person based on disability and has provisions to make companies accommodate a certain number of disables people. The Family and Medical Leave Act makes it necessary that each employee is granted twelve weeks of unpaid leave to take care of medical issues and crisis in case something of that nature comes up. There are applications to every employment law. While a federal law applies uniformly, it is not necessarily so for state laws. Being aware of the state and federal government laws is the duty of both employees and employers alike. Ignorance is not an excuse in court.
If an employment law is violated, it becomes necessary for an employee to hire an experienced legal counsel. There are so many laws covering broad categories and a number of factors affect the law’s applications. It may be required to initially get an agency to investigate the matter and provide impartial evidence of violation of a law, either on the employee’s side or on the employer’s side. Most companies, in general, prefer to arbitrate as going to a court is time consuming and costly. At other times, going to court is the only option. Finding an experienced and knowledgeable attorney is necessary no matter which law is in question.
Every employer must have state and federal employment law posters to ensure that all the employees and workers k now about these laws. These posters should be placed in an area where it can be easily read and it displays everything including the present legal wage standards and workers compensation act. It is immaterial if the state and federal posters are together or not. However it is necessary that all the information displayed is correct or the employer will be violating yet another law. Usually inspectors hand out warnings to employers who do not comply with this. In case the policy is disregarded even after the issuing of a warning, then a fine will be charged.

Employment Law Training Suggests Employers Offer Alternative Jobs Before Redundancies

July 16th, 2009 at 10:11am Under Employment Law

Several tips and pitfalls for employers regarding offering and moving employees to new jobs as an alternative to making staff redundant. Employment Law Training offers UK businesses the full picture of options when axing staff looms.

Employers facing a round of tough redundancies should consider offering staff alternative jobs instead.

In today’s increasingly competitive marketplace, some employers may well find they face tough decisions, with the harsh reality being that they have no option but to make some of their workers redundant.

This is obviously a difficult situation, but one which more and more companies are faced with as the economy struggles to cope on the verge of a possible recession.

But have you considered all the options – don’t just jump in straight away and take the drastic step of axing staff without exploring every other possible approach.

Could you for instance minimise the impact of your difficult position by finding alternative roles for those staff within your organisation instead? It may take time to work this out and solve the jigsaw puzzle of moving people around between different departments, but it could be well worth the patience and effort.

This approach though may seem to be the perfect solution, and could save you from the dreaded redundancy announcement.

But employers need to make sure they stay on the right side of the Employment Rights Act 1996 when it comes to managing the process.

You don’t want to find that simply by trying to help your employees, you are contravening the rules and getting your company into trouble.

The Employment Appeal Tribunal has also set out new guidelines to explain how you should manage the offer of an alternative job and there are definitely pitfalls you need to avoid.

Employers should offer the person a trial period in the new potential job, usually four weeks is the right kind of timescale as it will give you, and them, the chance to carefully assess whether it’s a suitable move.

Communicate clearly to the employees involved how the trial period for an alternative job will operate, right from the start – don’t leave them in any doubt about where they stand.

Ensure they know that if they want to turn down the new job, they must do it within the four-week period, because if they don’t, and the four-week deadline passes without a formal decision, they could forfeit their right to a statutory redundancy payment.

Make sure too that any proposed alternative employment is actually suitable for the employee involved, and not just a position where you happen to have a vacancy.

Offering your staff a job which you know will be beyond their skills or totally out of their remit could put you at risk of an unfair dismissal claim.

It’s completely understandable that bosses should want to try to help their staff, particularly if they’ve been with your company a long time, but make sure you’re operating within the guidelines, and that an alternative job offer really is appropriate.

You don’t want to make a difficult situation even worse by raising their hopes of avoiding the axe with a possible new job offer, only to find that it’s not right for you or them, and they are faced with being made redundant after all.This article is free to republish provided the authors resource box below remains intact.

Employment Law Training Increase by Businesses That are Combating the Use of Modern Technology

July 16th, 2009 at 04:10am Under Employment Law

Modern technology in the workplace is a vital tool, from mobile phones to Blackberries, but it should not be used to take shortcuts in the workplace. In today’s competitive marketplace, most businesses would not be able to survive without the very latest technology, but sometimes, companies and their staff can take things too far, and it’s important this is never allowed to happen.

There have been a number of cases where the use of modern technology has been a step too far. For example workers who frequently use their mobile phones to send messages at work, and there has also been a case where an employee “texted” his employer to say he would be off sick. Other breaches have involved online social networking websites where employees continue to use Facebook or Myspace during work time. It has even gone as far as MP3 players being used in the office, and cameras on mobile phones causing potential concerns over the invasion of personal rights. There are many cases like this which illustrate how modern technology can be exploited for all the wrong reasons.

On the other side of the coin, a recent employment tribunal decided that employees from an engineering firm, who were sacked by telephone, had been unfairly dismissed. The employees had missed out on wages, holiday pay, pension contributions and redundancy pay. Some of the workers at the firm did not receive the telephone message and when they turned up for work as usual the next day; they were turned away, which the tribunal ruled was completely unacceptable.

The employees affected by the case have now won compensation from their employer and are waiting to hear how much they will receive.

In the case of the employee who sent text messages to his employer to say he would be off work, the employee was sacked by the company and the case went to an employment tribunal. The company said he failed to follow procedures for reporting sickness or absence – but the tribunal decided the employee had been unfairly dismissed, and said a drop of “common sense” should have been applied to sort out the situation.

This case just shows that practices such as text messaging and other forms of modern technology, which are now so commonplace for the large majority of the population, can cause real difficulties in the world of business.

The best approach is to use modern technology to help make your business effective and competitive, but don’t use it to take shortcuts that could cause confusion and misunderstandings. The recent tribunal hearings have made businesses throughout the United Kingdom seek the expertise of employment law trainers to stay on top of the ever changing employment laws. It is a strong warning that all employers need to revisit their company policies and keep modern technologies up to date in contracts and policies. This will ensure there are fewer opportunities for conflict and confusion in the work place.

If in doubt it is always best to seek the assistance and advice from an employment law professional.This article is free to republish provided the author resource box below remains intact.

Worker Compensation Under Florida Employment Law – Learn More About It

July 15th, 2009 at 10:10pm Under Employment Law

Working in Florida has certain advantages for its workers, which may be the reason why workers of Florida do not normally seek greener pastures in other States of the USA.
If you injure yourself in the course of employment in Florida, you need to report it immediately to the employer, or, within 30 days of the accident. Note the words: “in the course of employment” carefully.
The employer then in turn has to inform the insurance company of the accident within seven days of your notifying the employer. If the employer does not do so, you can directly inform the insurance company and seek assistance from the Employee Assistance Office.
As for the expenses of the medical treatment for the injury sustained during the course of employment (note these words carefully), the medical services provider would give you a form which you fill and sign, and the provider certifies it, and off it goes to the insurance company for payment. You don’t pay. The insurance company pays.
But if you don’t take the steps outlined above, you pay! So watch out!
Watch out also for this: Under Florida’s employment law you are paid ONLY if you are disabled for a minimum of 7 days or more due to the injury. If it is more than that say 3 weeks or more, then the whole period of disability, including the 7 day exclusion period, is paid for by the insurance company.
That takes care of medical aid. Now to compensation for your absence from the workplace.
This is rather a complicated system, and can be quite confusing to the layperson. Therefore, it is described here in a very broad and general manner. A mixture of formulae is used to calculate on the amount of compensation you would get. Broadly speaking, you will get two checks in a month of approximately 66 and 2/3 per cent of your average wage per week. No tax is required to be paid, except when you go back to work, even if it be light duty! In that case, the IRS would ask for its share of the pie! Normally, your first payment should reach you by three weeks from the date of you report the injury to the employer.
The Employment Law of Florida is quite comprehensive, and takes care of the needs of the workers in its State quite well. Should you be interested in finding about the various plans, the state of play, and the procedure, then all you have to do is to look it up on the net, or contact the Financial Services Department of Florida.