Labor Law Blog

Iowa Job Safety and Health, Minimum Wage Posters Updated

2009-02-26T15:14:00.000-08:00

The Iowa Job Safety and Health poster has been rewritten with new information for both employers and employees, while the state’s Minimum Wage poster has been updated with specific dollar amounts for certain types of employment

The mandatory Job Safety and Health poster issued by Iowa Workforce Development now states that employees have the right to copies of their medical records or records of their exposure to toxic and harmful substances and conditions.

In addition, the revised poster states that employers must post any OSHA citations for at least three working days and must certify that hazards specified on an OSHA citation have been reduced or eliminated.

A new phone number for reporting workplace fatalities and catastrophes has been added to the poster.

The updated poster also states that employers may obtain free assistance from Iowa OSHA Consultation in identifying and correcting hazards or for complying with standards, without citation or penalty, by contacting the Iowa Division of Labor.

All specific information from the previous Safety and Health poster about penalties for violations, including dollar amounts, has been deleted. Contact information for both the Iowa Division of Labor Services and the U.S. Department of Labor has been changed on the revised poster.

The updated Minimum Wage poster now states that employers may pay an initial employment rate of $6.35 per hour for the first 90 calendar days of employment. The previous poster said only “less than the minimum wage” for this period and did not give a dollar amount.

The poster has also been revised to state that the employer’s share for tipped employees must be at least $4.35 per hour instead of the percentage rate (40 percent of the applicable minimum wage) that was on the previous poster.

Revised Discrimination Poster Issued for Nevada

2009-02-26T15:12:00.000-08:00

A revised mandatory workplace poster has been issued that includes new definitions for those who are subject to Nevada’s laws prohibiting discrimination.

The poster issued by the Nevada Equal Rights Commission now states that employers and businesses offering services to the public may not discriminate on the basis of race, color, national origin, age, sex (gender and/or orientation), religion or disability.

In addition, the revised poster now states that landlords may not discriminate based on race, color, national origin, age, sex, religion, disability or familial status.

The previous poster stated that Nevada law prohibits discrimination in employment, public accommodations and housing. Familial status has been added as a prohibited discrimination category for landlords.

A paragraph in the previous poster stating that the Nevada Equal Rights Commission works in cooperation with a number of federal agencies in the administration and referral of discrimination complaints has also been removed.

A web site for the Nevada Equal Rights Commission has also been added to the revised poster.

Revisions Made to North Carolina Workers’ Compensation Poster

2009-02-26T15:11:00.000-08:00

The Workers’ Compensation poster for North Carolina has been rewritten to include new requirements for employers and their employees who suffer a work-related injury or occupational disease.

The mandatory poster states that employees should immediately file a claim with the North Carolina Industrial Commission for any work-related injury or occupational disease. The term “occupational disease” replaces “work-related illness” on the previous workers’ compensation poster.

North Carolina employers must ensure that compensation is promptly paid under the state’s Workers’ Compensation Act, according to the revised workplace poster.

Notification requirements for both employers and employees who are injured on the job or suffer an occupational disease have been clarified on the updated poster.

In addition, two help line telephone numbers and an Industrial Commission website have been added to the updated poster. One help line is for employees seeking assistance from the Commission and one is for employers seeking information about workplace safety education and training.

New Minimum Wage Included in Updated Ohio Labor Law Poster

2009-02-26T15:10:00.000-08:00

A revised labor law poster issued by the Ohio Department of Commerce includes an increase in the state’s minimum wage from $7 per hour to $7.30 per hour effective Jan 1, 2009.

Ohio’s minimum wage is adjusted for inflation every January 1.

The mandatory poster also includes an increase for tipped employees – from a minimum wage of $3.50 per hour to $3.65 per hour.

Employers who gross less than $267,000 annually shall pay no less than the current federal minimum wage of $6.55 per hour (to increase to $7.25 per hour on July 24, 2009), according to the revised poster. Those rates are now included in the “Non-Tipped Employees” section of the poster.

The previous poster said employers who gross less than $255,000 annually were required to pay the current federal minimum wage rate.

Maryland Updates Labor Law Poster to Include New Recordkeeping Requirements

2009-02-24T13:22:00.000-08:00

A revised Equal Pay for Equal Work poster includes a new requirement that Maryland employers keep records of employees’ racial classification and gender in addition to the existing categories of wages and job classifications.

The Maryland Commissioner of Labor may analyze the records to determine any pay disparity among employees.

New Colorado Minimum Wage Included in Revised Labor Law Poster

2009-02-24T13:21:00.000-08:00

A mandatory labor law poster issued by the Colorado Department of Labor and Employment includes an increase in the state’s minimum wage from $7.02 per hour to $7.28 per hour effective July 1, 2009.

The Colorado minimum wage is adjusted annually for inflation at the end of each year and goes into effect on January 1 of the next year.

Colorado’s Minimum Wage Order 25 Poster also includes an increase in the minimum wage for tipped employees – from $4 an hour to $4.26 per hour effective Jan. 1, 2009. An address and fax number that were included in the previous minimum wage poster have been deleted from the revised version.

New Minimum Wage Included in Revised Arizona labor law poster

2009-02-24T13:20:00.001-08:00

Arizona has increased its minimum wage from $6.90 per hour to $7.25 per hour effective Jan. 1, 2009.

The new minimum wage, which is adjusted every January 1 by any increase in the cost of living, is included in a mandatory labor law poster issued by the Industrial Commission of Arizona.

Arizona has also revised its mandatory Unemployment Insurance poster to include a new section stating that the Arizona Department of Economic Security prohibits discrimination. The poster also includes a new TTY/TDD phone number for the hearing impaired.

New Minimum Wage Included in Updated Oregon Labor Law Poster

2009-02-24T13:18:00.000-08:00

An increase in Oregon’s minimum wage from $7.95 per hour to $8.40 per hour effective Jan. 1, 2009 through Dec. 31, 2009 is included in a mandatory labor law poster issued by the Oregon Bureau of Labor and Industries.

The 2009 minimum wage increase is the result of a ballot measure passed by Oregon voters in 2002. That measure requires an annual minimum wage adjustment to be made each September for the following calendar year based on any changes in the U.S. Consumer Price Index.

In addition to the new minimum wage rate, the revised poster clarifies which employees must be paid overtime. It also includes information about a new requirement for certain employers to provide additional rest periods to employees to express milk for a child.

A new No Smoking poster has also been added to the list of mandatory workplace postings for Oregon employers. The new poster is required by amendments to the Oregon Smokefree Workplace Law passed in 2007.

Most Oregon businesses must be smoke free and smoking is not allowed within 10 feet of the building under the new law that went into effect on Jan. 1, 2009.

New Jersey Employers Must Post New Family Leave Benefits Poster

2009-02-24T13:06:00.000-08:00

New Jersey employers must display a new poster concerning Family Leave Insurance provisions of the state’s Temporary Disability Benefits Law that provide for payments beginning on July 1, 2009.

New Jersey will provide up to six weeks of Family Leave Insurance benefits for covered employees to bond with newborns or newly adopted children and to care for a family member with a serious health condition.

The new law allows for the bonding with a child during the first 12 months after the child’s birth, if the covered employee or the domestic partner or civil union partner of the employee is a biological parent of the child.

The law also allows for family leave during the first 12 months after the placement of a child for adoption with the covered employee.

Benefits will be provided through a New Jersey State Plan or an employer-provided private plan approved by the state’s Division of Temporary Disability Insurance.

Under the state plan, employers have been authorized to deduct contributions from wages of covered employees beginning Jan. 1 of this year. These deductions must be noted on the employee’s pay envelope, paycheck or some other form of notice.

New York Employers Must Post New Correction Law Poster

2008-11-14T15:23:00.000-08:00

New York employers must display a new poster relating to the employment and licensing of persons with prior criminal convictions under a law that goes into effect on Feb. 1, 2009.

The New York Corrections Law prohibits unfair discrimination against persons who have been convicted of one or more criminal offenses. It also outlines a number of factors to be considered by an employer concerning an employee’s previous criminal conviction.

Those factors include whether there is a direct relationship between one or more of an employee’s previous criminal offenses and the specific license or employment sought by an individual.

Another mitigating factor is whether the issuance or continuation of the license or the granting or continuation of a previously convicted criminal’s employment would involve “an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.”

Child Labor Law Poster for Pennsylvania Updated

2008-11-14T15:21:00.000-08:00

New information about the availability of aids and services for individuals with disabilities has been added to the Pennsylvania Child Labor Law poster.

The revised poster, required for employers who hire minors, also states that the Pennsylvania Department of Labor & Industry is an Equal Opportunity Employer/Program.

Toll free numbers for two of the Department’s Bureau of Labor Law Compliance offices have also been added to the poster. One office address has been changed from the previous poster.

FEDERAL LABOR LAW POSTER REMINDER

2008-11-06T09:58:00.000-08:00

Lafayette, CA -- Is your federal labor law poster up to date? If your federal poster does not include two recent changes, you will need to update it.

These changes include the new federal minimum wage of $6.55 per hour effective July 24, 2008, and the federal “Equal Employment Opportunity Is the Law” (EEO poster), which was updated as of August 2008.

Required for all employers of 15 or more, the revised EEO poster includes new information about religious discrimination, and expanded definitions of equal pay for equal work and discrimination on the basis of sex.

For a limited time, if you need to update your federal poster you can sign up for a new Email Update Notification account at www.postercompliance.com/freeupdate and Poster Compliance Center will give you a free federal labor law poster!

In addition, the Department of Labor has confirmed that an updated federal Family and Medical Leave Act (FMLA) poster will be issued after regulations are finalized incorporating new amendments to the FMLA passed earlier this year by Congress. Once you are signed up for the Update Notification program, you will be notified as soon as the updated FMLA poster is available.

You can now choose environmentally friendly posters, thanks to the Go Green labor law posters from Poster Compliance Center. These are printed on recycled sturdy paper stock using soy based inks without lamination.

Poster Compliance Center will even plant a tree through American Forests if you purchase a Go Green 1-Year Compliance Protection Plan.

Go to www.postercompliance.com to order an all-on-one state or federal poster or subscribe to Poster Compliance Center’s 1-Year Compliance Protection Plan for worry free compliance, with unlimited updates sent automatically whenever laws change.

New Payment Options Added to Michigan Employment Security Act Poster

2008-11-04T11:20:00.000-08:00

An updated Michigan Employment Security Act poster has new options for receiving unemployment benefits that include a debit card or direct deposit payment into a recipient’s checking or savings account.

In addition, the mandatory poster issued by the Michigan Department of Labor & Economic Growth now states that workers must be both qualified and eligible to receive unemployment benefits.

The previous poster said only that workers must be qualified for unemployment benefits.

To be qualified for benefits, an employee must make a certain amount of wages during a base period. To be eligible for benefits, a worker must be unemployed and able to, available for and actively seeking work.

The revised poster also includes new information about assistance that is available for individuals with disabilities.

New Minimum Wage Included in Updated Florida Labor Law Poster

2008-11-04T10:31:00.000-08:00

An updated Florida labor law poster includes an increase in the state’s minimum wage from $6.79 per hour to $7.21 per hour effective Jan. 1, 2009 through July 23, 2009.

Florida’s minimum wage is recalculated each year based on the Consumer Price Index. On July 24, 2009, the new federal minimum wage of $7.25 per hour will replace Florida’s minimum wage.

The mandatory labor law poster also includes an increase in the minimum wage for tipped employees from $3.77 per hour to $4.19 per hour, in addition to tips. Florida’s minimum wage for 2008 has been removed from the revised poster.

The changes in minimum wage rates for Florida employees were also made to the Spanish section of the poster.

New Minimum Wage Rates Included in Revised Connecticut Labor Law Poster

2008-11-04T10:30:00.000-08:00

A revised labor law poster issued by the Connecticut Department of Labor includes an increase in the state’s minimum wage from $7.65 per hour to $8 per hour effective Jan. 1, 2009.

The mandatory poster also includes a second increase in the Connecticut minimum wage to $8.25 per hour effective Jan. 1, 2010. The minimum wage increases are the result of a new state law passed earlier this year.

Previous minimum wage rates for 2003 through 2006 have been removed from the Wage & Workplace Standards Division poster. The current minimum wage rate (effective Jan. 1, 2007) remains on the poster.

Also added to the poster are the new gratuity allowances for waitpersons and bartenders, effective Jan. 1, 2009. The gratuity allowance for waitpersons is 31 percent and 11 percent for bartenders.

In the “Gratuities” section of the poster, information has been added stating that gratuity allowances for employees in industries other than hotel and restaurant shall not exceed 35 cents per hour.

New Minimum Wage Included in Revised Vermont Labor Law Poster

2008-10-10T14:23:00.000-07:00

A revised Vermont labor law poster includes an increase in the state’s minimum wage from $7.68 per hour to $8.06 per hour effective Jan. 1, 2009.

The minimum wage for tipped employees in Vermont will also increase on Jan. 1 – from $3.72 per hour to $3.91 per hour.

The maximum tip credit allowed will increase from $3.96 per hour to $4.15 per hour. The mandatory poster also includes a change in the definition of a tipped employee.

The minimum wage for 2006 has been removed from the mandatory poster, but the 2007 and 2008 rates remain.

Vermont’s minimum wage rate is adjusted for inflation every year as a result of legislation signed into law in 2005.

Kansas Issues Revised Unemployment Insurance Poster With New Automated Phone System

2008-10-10T14:19:00.000-07:00

A revised Unemployment Insurance poster issued by the Kansas Department of Labor includes information about a new automated phone system that can be used to apply for unemployment benefits.

The new phone service has extended hours (from 7 a.m. to 7 p.m. Monday through Friday) for completing only the automated portion of a claimant’s application. Saturday hours for the service provided through the Kansas Unemployment Call Center are from 9 a.m. to 7 p.m.

Two new TTY phone numbers for those with a hearing or speech impairment have also been added to the mandatory poster. In addition, the poster now includes information about the ability to speak to an unemployment Claim Specialist.

Illinois Issues New Employment Laws Poster With Revised Wage Payment, Child Labor Information

2008-10-10T13:04:00.000-07:00

The Illinois Department of Labor has issued a new mandatory labor law poster with added information about an employee’s right to unpaid wages and restrictions for workers under the age of 16.

The new “Your Rights Under Illinois Employment Laws” poster includes minimum wage rates and information about the rights of employees in a number of categories. It replaces a previous “Notice to Employers & Employees” labor law poster.

The new poster states that employees in Illinois must receive their final compensation, including earned wages, vacation pay, commissions and bonuses, on their next regular scheduled payday. It also states that unauthorized deductions from paychecks are not allowed except as specified by law.

In the Child Labor section (for workers under age 16) of the new poster, a new restriction has been added stating that children under the age of 14 may not work in most jobs, except under limited conditions.

The maximum number of hours for 14 and 15-year-old employees has been added to the poster. Work for those employees is limited to three hours on school days, eight hours on non-school days and no more than six days or 48 hours per week.

New information has also been added about a requirement for a 30-minute meal period no later than the fifth hour of work for children under the age of 16.

Permissible work hours for children under 16 have been extended to 9 p.m. from June through September. Previously the extended hours only applied through Labor Day.

New Wage Classes Added to West Virginia Unemployment Benefits Notice

2008-08-21T11:33:00.000-07:00

A revised West Virginia labor law notice includes 11 new wage classes at the end of the state’s Unemployment Benefits Rate Table.

Before this latest change, the maximum wage base range for West Virginia workers seeking unemployment benefits was $38,500 and above. Anyone within that range was eligible for weekly unemployment benefits of $408 and a maximum total payment of $10,608.

Under the new schedule issued by Workforce West Virginia, the maximum wage base range has been increased to $40,150 and above. Anyone within that range in their base period is eligible for a weekly benefit of $424 and maximum total payment of
$11,024.

In addition, the status of some West Virginia unemployment claims offices has been changed on the mandatory notice. Four full-time claims offices are now listed as itinerant points, which are subject to change.

Minimum Wage Increase Included in Revised North Carolina Labor Law

2008-08-21T11:31:00.000-07:00

A revised mandatory North Carolina labor law poster includes an increase in the state’s minimum wage from $6.15 per hour to $6.55 per hour effective July 24, 2008.

The Wage and Hour poster has also been revised to include a decrease in the amount that employers are allowed to pay tipped employees -- from not less than $2.43 per hour to not less than $2.13 per hour.

This amount decreased because the federal minimum wage increase (to $6.55 per hour on July 24) was accompanied by an increase in the amount of the tip credit that employers may count toward the payment of wages.

In addition, the notice now says that the tip record that all employers must maintain for each tipped employee may be kept monthly or for each pay period. Previously this record had to be kept for each pay period.

Minimum Wage Increase Included in Revised Maryland Labor Law Poster

2008-08-21T11:29:00.000-07:00

A revised mandatory labor law poster for Maryland includes an increase in the state’s minimum wage from $6.15 per hour to $6.55 per hour effective July 24, 2008.

The increase goes into effect because Maryland’s minimum wage is automatically replaced when the federal minimum wage increases to a rate that is higher than the state’s rate. The federal minimum wage also increased to $6.55 per hour on July 24.

The amount that Maryland employers are allowed to pay tipped employees increased from not less than $3.08 per hour to not less than $3.28 per hour on the revised Wage & Hour Fact Sheet.

In addition, new categories of race and gender were added to the records that employers must keep for three years.

In the Employment of Minors poster, information has been added stating that applications for work permits, which are required for all minors under 18 years of age, can now be obtained online.

Information has been deleted from the poster regarding the issuance of work permits by the Ocean City Police Department and some government sponsored jobs programs.

Expanded Notification Requirements Included in Revised Washington Labor Law Poster

2008-08-21T11:28:00.000-07:00

A revised mandatory Washington Job Safety and Health Protection poster includes a new requirement that employer report any fatality, probable fatality or incident that results in one or more workers being hospitalized.

That report must be made to the Washington State Department of Labor & Industries Division of Occupational Safety and Health within eight hours of any fatality or incident that results in an employee being hospitalized.

The previous Job Safety and Health Protection notice stated that employers were required to report fatalities or incidents that resulted in two or more workers being hospitalized.

A Labor & Industries website has also been added to the notice for anyone needing more information about the department.

Leave and Travel Time Provisions Added to Massachusetts Wage and Hour Laws Poster

2008-08-21T11:26:00.000-07:00

Massachusetts has revised its mandatory Wage and Hour Laws poster to include a new provision that allows certain employees to take up to 24 hours of unpaid leave annually to participate in school activities for their children.

The Small Necessities Leave Act also allows qualified employees to take unpaid leave to take their children or an elderly relative to medical and dental appointments.

The new leave policy applies if an employer has 50 or more employees, if an employee has been on the job for 12 months or more and worked for at least 1,250 hours during the previous year.

The “Child Labor” section of the poster has also been revised to include a new restriction that prohibits minors 16 and 17 years of age from driving a motor vehicle or forklift or working 30 feet or more off the ground.

A previous restriction against 16 and 17-year-old minors from working around blast furnaces or any place where explosives are manufactured is no longer listed on the poster.

The Massachusetts Wage and Hour Laws poster also includes a new section that allows employees to be compensated for certain travel time. Employees who are required to work at a location other than their normal job site must be paid for all travel time in excess of their ordinary travel time between home and work.

The “Employee’s Right to Sue” section of the poster has been changed to include new information about lawsuit filing requirements and time limits for bringing an action against an employer.

Revised Labor Law Poster Includes New Washington, D.C. Minimum Wage Rates

2008-08-21T11:23:00.000-07:00

A revised mandatory Washington, D.C. labor law poster includes an increase in the District’s minimum wage from $7 per hour to $7.55 per hour effective July 24, 2008.

The poster also includes a second increase in the minimum wage to $8.25 per hour on July 24, 2009. According to District law, the minimum wage must always be $1 per hour more than the federal minimum wage (which increased to $6.55 per hour on July
24, 2008).

New information has also been added to the poster about the Accrued Sick and Safe Leave Act of 2008, The Living Wage Act of 2006 and Enhanced Professional Security Act of 2008.

In addition, the “Enforcement and Penalties” section has been removed from the poster, as well as a statement that employees may not be discharged for filing a complaint. Information about overtime pay and the Seats Law has also been removed.

The revised poster now states that minimum wage and overtime provisions do not apply to persons employed in a “computer capacity”, in addition to the capacities already stated.

Protected Categories Added to Revised Colorado Anti-Discrimination Poster

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

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

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

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