State labor legislation enacted in 1996.State legislation, enacted in 1996, covered several different aspects of employment standards.' While the subject of minimum wage rates received much of the attention, important laws also were enacted revising prevailing wage A prevailing wage is the median wage paid to workers in a specified locality. Scope
Prevailing wage may include both wages and benefits. It incompasses the compensation for a worker given for performed labor. and family leave laws, protecting employers who provide job performance information, regulating the apparel and employee leasing industries, consolidating State labor departments The Department of Labor (DOL) administers federal labor laws for the Executive Branch of the federal government. Its mission is "to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working into larger agencies, and protecting workers from various forms of employment discrimination.
This article does not cover occupational safety and health, employment and training, labor relations, employee background clearance, and economic development legislation. Articles on unemployment insurance and workers' compensation workers' compensation, payment by employers for some part of the cost of injuries, or in some cases of occupational diseases, received by employees in the course of their work. appear elsewhere in this issue of the Monthly Labor Review The Monthly Labor Review is a publication by the Bureau of Labor Statistics. Monthly publications are usually published by topic. Researchers outside of the BLS are welcome to submit their articles. External links
Wages. Minimum wage was the most active area of legislative interest in 1996 with activity at the Federal level; at the State level through new legislation, ballot measures, and administrative actions; and in several cities.
On August 20, President Clinton signed the Minimum Wage Increase Act of 1996, providing for an increase in the Federal minimum wage rate from $4.25 per hour to $4.75 on October 1, 1996, with a further increase to $5.15 per hour scheduled for September 1, 1997. This law also provides for a subminimum wage sub·min·i·mum wage
A wage paid under certain conditions to certain categories of workers, such as trainees, that is less than the established minimum wage. rate of $4.25 an hour for employees under 20 years of age during their first 90 consecutive calendar days of employment with the same employer. For employees who receive tips, the employer's cash wage obligation is set at $2.13 an hour, replacing a former provision requiring that tipped employees be paid at least 50 percent of the minimum wage in cash.
Prior to enactment of the Federal law, bills had been introduced in a majority of the States to increase State minimum wage rates, with measures adopted in Delaware, Rhode Island Rhode Island, island, United States
Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. , and Vermont.
Following passage of the Federal act, rates increased in 16 States, the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States). , and Guam, as the result of provisions linking their rates to changes in the Federal rate. The Federal rate was matched by administrative action in Colorado, North Dakota North Dakota, state in the N central United States. It is bordered by Minnesota, across the Red River of the North (E), South Dakota (S), Montana (W), and the Canadian provinces of Saskatchewan and Manitoba (N). , Utah, and Wisconsin. The Massachusetts rite rose as the result of prior law. North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures
Area, 52,586 sq mi (136,198 sq km). Pop. authorized au·thor·ize
tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es
1. To grant authority or power to.
2. To give permission for; sanction: a study to examine the effects of increasing its minimum wage rate. Ballot measures to increase State rates were adopted in California and Oregon and were defeated in Missouri and Montana. A measure that would have established a minimum wage rate for the City of Denver
A number of cities considered establishing minimum wage rates applicable to all employers or enacting "living wage" rates applicable to employers receiving contracts or grants from the city. Jersey City, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , and Portland, OR, were among the cities enacting "living wage" measures that establish a minimum wage rate in contracts let by the jurisdiction.
As of January 2, 1997, minimum wage rates higher than the Federal standard are in effect in Alaska, Connecticut, Delaware, the District of Columbia, Hawaii, Massachusetts, New Jersey, Oregon, Vermont, and Washington.
Colorado, Rhode Island, Utah, and Vermont changed their permissible per·mis·si·ble
Permitted; allowable: permissible tax deductions; permissible behavior in school.
per·mis tip credit which permits employers to use tips received by employees to meet a portion of the minimum wage. New exemptions were added to minimum wage and overtime requirements in Kentucky and to overtime payment requirements in Illinois.
Several bills were introduced in 1996 to enact, repeal The Annulment or abrogation of a previously existing statute by the enactment of a later law that revokes the former law.
The revocation of the law can either be done through an express repeal , or revise State public works public works
Construction projects, such as highways or dams, financed by public funds and constructed by a government for the benefit or use of the general public.
Noun 1. prevailing wage laws. A few significant laws were enacted, including those making changes to the laws of Kentucky and Wisconsin. Coverage of the Kentucky law was expanded, the dollar threshold amount for coverage was reduced, the definition of locality 1. locality - In sequential architectures programs tend to access data that has been accessed recently (temporal locality) or that is at an address near recently referenced data (spatial locality). This is the basis for the speed-up obtained with a cache memory.
2. for rate-setting purposes was changed, and provision was made for adoption of Federal Davis-Bacon Act The Davis-Bacon Act (40 U.S.C.A. §§ 276a to 276a-5) is federal law that governs the Minimum Wage rate to be paid to laborers and mechanics employed on federal public works projects. It was enacted on March 3, 1931, and has been amended. prevailing wage rates. Wisconsin's changes included raising the threshold amount for coverage, defining "area" for rate-setting purposes, changing the rate-setting formula, and providing for an annual survey to determine prevailing wage rates. Maryland made changes in the effective dates for rate determinations.
The Indiana State Supreme Court lifted an injunction that had blocked enforcement of prevailing wage law changes adopted in 1995.
Michigan became the 27th State to enact legislation authorizing its labor department to enter into reciprocal agreements Reciprocal agreement is an agreement between two U.S. states to allow members of the Bar association from each state to practice in the other. Thus, lawyers who wish to practice in two states do not have to take the bar examination in both states. with other States to collect claims for wages, fringe benefits fringe benefits,
n.pl the benefits, other than wages or salary, provided by an employer for employees (e.g., health insurance, vacation time, disability income). , and penalties.
New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). increased the civil penalty that can be imposed for any violation of the State's labor laws labor law, legislation dealing with human beings in their capacity as workers or wage earners. The Industrial Revolution, by introducing the machine and factory production, greatly expanded the class of workers dependent on wages as their source of income. .
Family issues. The Connecticut family and medical leave law was amended to incorporate several provisions of the Federal Family and Medical Leave Act and to add new sections dealing with eligibility of medical providers; the relationship to collective bargaining agreements The contractual agreement between an employer and a Labor Union that governs wages, hours, and working conditions for employees and which can be enforced against both the employer and the union for failure to comply with its terms. ; confidentiality of records; and reporting requirements. In Tennessee, the law authorizing State employees to use sick leave for maternity leave maternity leave n → baja por maternidad
maternity leave maternity n → congé m de maternité
maternity leave maternity n was amended to also allow use of sick leave for paternity leave paternity leave
A leave of absence from work granted to a father to care for an infant.
paternity leave n → congé m de paternité
paternity leave . A provision in Kentucky permitting teachers to use up to 30 days of sick leave following adoption of a child will apply also to the birth of a child, while in Rhode Island, an employer who allows employees to use sick leave after the birth of a child now must allow the same time to be used following adoption.
Schools in Utah are to work with employers to develop policies and programs to allow greater employee participation in the schools during school hours, and the Minnesota law requiring employers to grant leave for attending school activities was amended to extend coverage to a greater number of activities.
Child labor child labor, use of the young as workers in factories, farms, and mines. Child labor was first recognized as a social problem with the introduction of the factory system in late 18th-century Great Britain. Child labor, which has been a major topic of legislation in recent years, saw only a few significant enactments in 1996. A law in Florida permits student learners, 16 to 18 years of age, who are enrolled in recognized vocational training programs, to be employed in hazardous occupations in which employment would otherwise be prohibited. Training and safety requirements are specified for these occupations. Hours of work restrictions were eased for minors in certain specified occupations in Massachusetts and Michigan. The minimum legal age for the sale or dispersing of liquor was lowered in Colorado. Offices were created to foster and support school-to-work transition School-to-work transition is a phrase referring to on-the-job training, apprenticeships, cooperative education agreements or other programs designed to prepare students to enter the job market. efforts in Kentucky and Rhode Island. Responsibility for an existing program in Hawaii was transferred from the Department of Labor and Industrial Relations industrial relations
Relations between the management of an industrial enterprise and its employees.
the relations between management and workers to the Department of Education.
Apparel industry. New York adopted legislation adding a section to its apparel industry regulatory law granting "hot goods" enforcement authority to the State labor department. Manufacturers or contractors in the industry will be held liable if they ship, deliver, or sell items that they know or should have known were produced in violation of minimum wage or payment of wages laws. New Jersey adopted new regulations for the confiscation confiscation
In law, the act of seizing property without compensation and submitting it to the public treasury. Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by the police. Additionally, government action (e.g. of tangible property tangible property n. physical articles (things) as distinguished from "incorporeal" assets such as rights, patents, copyrights, and franchises. Commonly tangible property is called "personalty. in the apparel industry where violations have occurred.
Equal employment opportunity. Various forms of employment discrimination were the subject of legislation in a number of States. Among these enactments, all Massachusetts employers, employment agencies, and labor organizations are to promote a workplace free of sexual harassment sexual harassment, in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes. . Coverage of the Arizona law providing protection from sexual harassment was expanded to cover all employers. South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures
Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15. made it an unlawful employment practice to discriminate on the basis of disability. The Massachusetts ban on discrimination because of disability now specifically covers part-time or temporary help agencies, and Missouri made it an unlawful employment practice to discriminate against sight, hearing, or physically disabled persons by interfering with the use of an aid or appliance, including a guide dog, hearing dog, or service dog. Rhode Island now prohibits employment discrimination against any individual because they have sought protection under laws protecting victims of domestic abuse. New Jersey made it an unlawful employment practice to discriminate on the basis of genetic information and New York made it unlawful to require genetic testing Genetic Testing Definition
A genetic test examines the genetic information contained inside a person's cells, called DNA, to determine if that person has or will develop a certain disease or could pass a disease to his or her offspring. of employees unless directly related to the work environment.
Drug and alcohol testing. Regulation of employee drug and alcohol testing continued as an area of legislative interest. Washington provided for the implementation of drug-free workplace programs in the State with guidelines guidelines,
n.pl a set of standards, criteria, or specifications to be used or followed in the performance of certain tasks. on when and how testing may be conducted, and amendments were made to the Florida drug-free workplace testing requirements. Drug testing will now be required for certain corrections employees in Delaware and the District of Columbia, and for employee candidates with boards of education in New Jersey. The Rhode Island law restricting urine and blood testing as a condition of employment was amended to clarify under what circumstances such testing will be allowed.
Worker privacy. Wisconsin will now permit polygraph An instrument used to measure physiological responses in humans when they are questioned in order to determine if their answers are truthful.
Also known as a "lie detector," the polygraph has a controversial history in U.S. law. testing for prospective employees of law enforcement agencies A law enforcement agency (LEA) is a term used to describe any agency which enforces the law. This may be a local or state police, federal agencies such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA). .
Continuing a recent trend, 11 more States provided immunity from civil liability for employers who provide information about the job performance of a current or former employee to a prospective employer.(2) Amendments were made to the existing laws of Arizona and Georgia.
Employee leasing. Regulation of employee leasing companies (firms that lease persons to client companies and assume personnel, payroll, and other functions) continued as an emerging issue. Vermont enacted a comprehensive law establishing standards for the operation, regulation, and licensing of these firms. The Maine law any law prohibiting the manufacture and sale of intoxicating beverages, esp. one resembling that enacted in the State of Maine. At present, the state of Maine sells such beverages in its own stores.
See also: Maine was amended to transfer registration responsibility to the Commissioner of Labor and to modify health care benefit plan provisions. The New Hampshire and Tennessee laws were also amended.
Private employment agencies. The Virginia private employment agency regulatory law was repealed, and the Tennessee law was repealed and replaced with one that does not require registration. Coverage of the Pennsylvania law was expanded to include modeling and theatrical agencies. In other actions, the California, Kansas, and Wyoming laws were revised.
Inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr. labor A Prison Industry Enhancement Program was created in Mississippi, authorizing private entities to employ offenders under custody of the Department of Corrections or prison industries. Wisconsin will permit counties to establish work camps for persons sentenced to the county jail.
Other laws. Among other laws of interest, in Florida, certain alien agricultural workers will be excluded from unemployment compensation coverage. An Arizona employment protection act places limits on employers' ability to discharge employees when the discharge violates the public policy of the State. A recent trend continued with Colorado, South Dakota South Dakota (dəkō`tə), state in the N central United States. It is bordered by North Dakota (N), Minnesota and Iowa (E), Nebraska (S), and Wyoming and Montana (W). , and West Virginia West Virginia, E central state of the United States. It is bordered by Pennsylvania and Maryland (N), Virginia (E and S), and Kentucky and, across the Ohio R., Ohio (W). Facts and Figures
Area, 24,181 sq mi (62,629 sq km). Pop. providing paid leave for State employees who are American Red Cross American Red Cross: see Red Cross. certified See certification. disaster service volunteers. In response to repeal of Federal requirements for mandatory employee traffic reduction programs to meet requirements of the Federal Clean Air Act, the Delaware Commute TO COMMUTE. To substitute one punishment in the place of another. For example, if a man be sentenced to be hung, the executive may, in some states, commute his punishment to that of imprisonment. Options Act was repealed and voluntary programs were adopted, replacing mandatory pro-graft in Connecticut, Illinois, and New Jersey.
State labor departments became part of new consolidated agencies in Iowa, Michigan, and Rhode Island, and new functions were assigned to the Kentucky Cabinet for Workforce Development and the Wisconsin Department of Industry, Labor, and Job Development. In Utah, a decision is pending as to whether the Industrial Commission should become part of a new Department of Workforce Services.
Wyoming repealed various archaic and superseded provisions pertaining per·tain
intr.v. per·tained, per·tain·ing, per·tains
1. To have reference; relate: evidence that pertains to the accident.
2. to the employment of women, including limitations on hours of work, rest periods, and provision of seats at the worksite.
The following is a summary, by jurisdiction, of labor legislation enacted in 1996.
Wages. Overtime provisions for nonelected non·e·lect·ed
Having reached an office or an official position without going through the elective process: powerful nonelected bureaucrats.
Adj. 1. county law enforcement officers were amended to provide that their compensation for overtime be made pursuant to the Federal Fair Labor Standards Act Fair Labor Standards Act or Wages and Hours Act, passed by the U.S. Congress in 1938 to establish minimum living standards for workers engaged directly or indirectly in interstate commerce, including those involved in production of goods bound .
Wages. The State minimum wage rate is set by law at 50 cents more than the Federal Fair Labor Standards Act rate. Therefore, the State rate rose from $4.75 per hour to $5.25 on October 1, with an increase to $5.65 scheduled for September 1, 1997.
Hours. The period of permitted employment in underground mines, at the mine face or other place where the work is actually carried on, was increased from 8 to 10 hours in a 24-hour period. In addition, it was specified that miners must be paid from the time they enter the mine portal until they leave the mine. An employer may make a written request to the labor commissioner for issuance of a variance permitting employment in an underground mine or workings for up to 12 hours in a 24-hour period if the additional working time is permitted by a collective bargaining agreement covering those doing the work or if the time extension is in the best interest of resident workers of the State. The variance can be revoked where the health and sAfety of the miners is jeopardized or if a reduction in hours is in the workers best interest.
Equal employment opportunity. The law banning employment discrimination was amended to apply, for purposes of administrative and civil actions regarding allegations of sexual harassment, to any person having one or more employees in the current or preceding calendar year. Otherwise, the law applies to employers having 15 or more employees.
Worker privacy. The law providing for immunity from civil liability for employees who, in good faith, provide job performance information about a former employee to a prospective employer was amended to specify that there is a presumption A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence that is admitted and proven to be true. A Rule of Law.
If certain facts are established, a judge or jury must assume another fact that the law recognizes as a logical of good faith if either the employer employs less than 100 employees and furnishes only the information authorized by law, or the employer employs at least 100 employees and has a regular practice of providing information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee. The presumption of good faith is rebuttable Re`but´ta`ble
a. 1. Capable of being rebutted. by showing that the employer disclosed knowingly false information or provided information with an intent to mislead mis·lead
tr.v. mis·led , mis·lead·ing, mis·leads
1. To lead in the wrong direction.
2. To lead into error of thought or action, especially by intentionally deceiving. See Synonyms at deceive. .
Discharge. An employment protection act was adopted allowing employees to sue an employer for damages because of a discharge that violates the public policy of the State. The law specifies that the public policy of the State is that the employment relationship is contractual in nature and is severable That which is capable of being separated from other things to which it is joined and maintaining nonetheless a complete and independent existence.
The term severable at the pleasure of either the employee or employer unless both have signed a written contract to the contrary restricting the right of either party to terminate the relationship. Claims against an employer for termination of employment "Fired" and "Firing" redirect here. For other uses, see Fired (disambiguation) and Firing (disambiguation).
“Gross misconduct” redirects here. For the ice hockey term, see Penalty (ice hockey). will be permitted in instances including where (1) employment has been terminated in breach of an employment contract; (2) employment has been terminated in violation of a State statute including the Civil Rights Act, the Occupational Safety and Health Act, the Agricultural Employment Relations Act, or statutes governing hours of employment; (3) termination in retaliation RETALIATION. The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should lay a very heavy tariff on American goods, the United States would be justified in return in laying heavy duties on the manufactures and for refusal to violate the law, for disclosure that the employer has violated vi·o·late
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).
2. To assault (a person) sexually.
3. the law, for the exercise of rights under the workers' compensation statutes, for service on a jury or in the National Guard or Armed Forces, for the exercise of voting rights Voting rights
The right to vote on matters that are put to a vote of security holders. For example the right to vote for directors.
The type of voting and the amount of control held by the owners of a class of stock. , or for refusal to join a labor organization.
Wages. On August 23, the State Industrial Welfare Commission issued an order adopting the newly enacted Federal minimum wage rate increases. Therefore, the State rate rose from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
The November ballot measure, Proposition 210, calling for raising the State's minimum wage to $5 an hour on March 1, 1997 and to $5.75 on March 1, 1998, was approved by the voters.
Child labor Until January 1, 1999, 16- and 17-year-olds in Lake County who are employed in agricultural packing plants packing plant
a complete meat production unit including facilities for slaughtering animals, processing of meat and offal, boning out, making up of blocks of carcasses, chilling, freezing, storing of the meat, preparation of by-products. may work more than 48 hours, but no more than 60, in any 1 week with written approval of the Lake County Board of Education. This provision amends AMENDS. A satisfaction, given by a wrong doer to the party injured for a wrong committed. 1 Lilly's Reg. 81.
2. By statute 24 Geo. II. c. 44, in England, and by similar statutes in some of the United States, justices of the peace, upon being notified of an the child labor law that otherwise limits the number of hours that these minors may work to no more than 48 hours per week and 8 hours a day, or up to 10 hours on any nonschool day in agricultural packing plants during the peak harvest season.
Apparel industry. Amendments to the garment industry registration law require the Labor Commissioner to notify registrants in writing, and provide an application and instructions for renewal, at least 90 days prior to expiration EXPIRATION. Cessation; end. As, the expiration of, a lease, of a contract, or statute.
2. In general, the expiration of a contract puts an end to all the engagements of the parties, except to those which arise from the non- fulfillment of obligations created of registration. However, failure of the Labor Commissioner to provide this notice will not excuse a registrant An individual or organization that signs up (registers) for a training class or service. See domain name registrar. from making timely application for renewal and will not subject the Labor Commissioner to any legal liability. If a renewal application is received by the Labor Commissioner 30 days prior to expiration of the registration, but it cannot be processed before the expiration date Expiration Date
The day on which an options or futures contract is no longer valid and, therefore, ceases to exist.
The expiration date for all listed stock options in the U.S. , a 90-day extension of registration is authorized if the applicant has submitted a complete application, owes no outstanding penalties, owes no back wages, meets all applicable bonding requirements, and meets all other requirements for registration.
The United States Department of Justice “Justice Department” redirects here. For other uses, see Department of Justice.
The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States and the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Department of Labor were asked to jointly conduct an investigation of the events that led to the sewing shop raid in El Monte, California
El Monte is a city in Los Angeles County, California, United States. The city's slogan is "the end of the Santa Fe Trail" and "Welcome to Friendly El Monte. , coordinating the investigation with all agencies involved, including, but not limited to, the United States Immigration and Naturalization Service Noun 1. Immigration and Naturalization Service - an agency in the Department of Justice that enforces laws and regulations for the admission of foreign-born persons to the United States
INS and the Division of Labor Standards Enforcement of the California Department of Industrial Relations. It is asked that a report on the investigation be made to the California legislature.
Worker privacy. The law providing for the confidentiality of peace officer personnel records was amended to provide that a peace officer employer may release factual information concerning a disciplinary investigation if the peace officer or his representative publicly makes a false statement through the news media. The employing agency may only release facts contained in the peace officer's personnel folder In a graphical user interface (GUI), a simulated file folder that holds data, applications and other folders. Folders were introduced on the Xerox Star, then popularized on the Macintosh and later adapted to Windows and Unix. In Unix and Linux, as well as DOS and Windows 3. that specifically refute re·fute
tr.v. re·fut·ed, re·fut·ing, re·futes
1. To prove to be false or erroneous; overthrow by argument or proof: refute testimony.
2. the false statements.
Private employment agencies. The provision of the private employment agency law that requires all agencies to give every jobseeker, from whom a fee or deposit is to be received, a written contract that includes a specific contract expiration date was amended. A new provision allows a domestic agency that engages in the business of obtaining and filling commitments for domestic help to enter into a continuing contract that can be terminated, in writing, by either the domestic worker or the agency.
Preference. The law requiring State agencies to give a preference to State resident contractors on bids for public construction contracts was amended to require that a nonresident non·res·i·dent
1. Not living in a particular place: nonresident students who commute to classes.
2. contractor, at the time of bidding, disclose to the awarding agency A bid preferences received from the State or country where the nonresident contractor has its principal place of business.
Other laws. October was proclaimed pro·claim
tr.v. pro·claimed, pro·claim·ing, pro·claims
1. To announce officially and publicly; declare. See Synonyms at announce.
2. as Workplace Fitness Month in the State. This action was taken to support employee fitness programs as a means of reducing employee absenteeism ab·sen·tee·ism
1. Habitual failure to appear, especially for work or other regular duty.
2. The rate of occurrence of habitual absence from work or duty. and turnover, while bolstering morale and commitment.
Wages. Minimum Wage Order No. 20 was adopted raising the minimum wage rate from $3 to $4.75 per hour on November 1, 1996, for employees of businesses not covered not covered Health care adjective Referring to a procedure, test or other health service to which a policy holder or insurance beneficiary is not entitled under the terms of the policy or payment system–eg, Medicare. Cf Covered. by the Federal minimum wage law. As under Federal law, employers of employees who receive tips for their work must pay a cash wage of at least $2.13 per hour with the remainder of the minimum wage to be made up from tips. Also, workers under the age of 20 who are being supported by parents or guardians may be paid $4.25 per hour for the first 90 days of employment.
A ballot measure (Initiative 100) was defeated that would have established a minimum wage in the City of Denver at $6.50 per hour on January 1, 1997, with future increases to $6.85 on January 1, 1998; $7.15 on January 1, 1999; and annually thereafter beginning January 1, 2000, to rates indexed to the cost of living.
Child labor The minimum legal age for the sale or dispensing dispensing
provision of drugs or medicines as set out properly on a lawful prescription. A prescription can only be filled, the drugs supplied, by a registered pharmacist, veterinarian, dentist or member of the medical profession. of spirtuous liquors, in establishments that serve meals, was lowered from 21 to 18. A person under age 21, employed to sell or dispense dispense /dis·pense/ (-pens´) to prepare medicines for and distribute them to their users.
To prepare and give out medicines. beer, wine, or spirtuous liquors must be supervised by another person who is on the premise and who is at least 21 years old.
Agriculture. Farm and ranch labor is excluded from the definition of employee for purposes of coverage under the State Labor Peace Act. The law was amended to specify that "farm" means stock, dairy, poultry, fur-bearing animal, and truck farms, plantations PLANTATIONS. Colonies, (q.v.) dependencies. (q.v.) 1 Bl. Com. 107. In England, this word, as it is used in St. 12, II. c. 18, is never applied to, any of the British dominions in Europe, but only to the colonies in the West Indies and America. 1 Marsh. Ins, B. 1, c. 3, Sec. 2, page 64. , ranches, nurseries, ranges, greenhouses, orchards, and other structures used for the raising of agricultural or horticultural hor·ti·cul·ture
1. The science or art of cultivating fruits, vegetables, flowers, or ornamental plants.
2. The cultivation of a garden. commodities, provided such structures are used for at least 50 percent of the total output produced.
Other laws. Any employee of a State agency who is a certified disaster services volunteer of the American Red Cross may, with approval of the executive director of the department, be granted leave from work with pay for up to 5 days a year to participate in disaster relief services in the State or 15 days a year to participate in such activities in a national disaster, for the American Red Cross, without loss of annual leave, sick leave, group medical benefits, or similar benefits. An employee granted this time off will not be considered to be an employee for workers' compensation purposes during the period of leave.
Wages. By law, the State minimum wage rate automatically increases to 1/2 of 1 percent more than the Federal Fair Labor Standards Act rate if the Federal minimum equals or becomes higher than the State minimum. Accordingly, the State rate increased from $4.27 per hour to $4.77 on October 1, when the Federal rate increased to $4.75. The State rate will increase to $5.18 on September 1, 1997, when the Federal rate increases to $5.15.
Hours. Employers who violate the provisions of the act concerning the requirement to provide meal breaks shall be liable to the labor department for a civil penalty of $150 for each violation.
Family issues. The State family and medical leave law, applicable to private sector employers, was amended to incorporate several provisions of the Federal Family and Medical Leave Act (FMLA FMLA Family and Medical Leave Act of 1993
FMLA Feminist Majority Leadership Alliance ) and its implementing regulations, including those permitting reduced and intermittent intermittent /in·ter·mit·tent/ (-mit´ent) marked by alternating periods of activity and inactivity.
1. Stopping and starting at intervals.
2. schedules; requiring 30 days' notice to the employer where possible; pertaining to medical certification; pertaining to the relationship to paid leave; and providing for protection against discrimination and retaliation.
Additional provisions allow the labor commissioner flexibility in determining the types of medical providers who may certify cer·ti·fy
v. cer·ti·fied, cer·ti·fy·ing, cer·ti·fies
a. To confirm formally as true, accurate, or genuine.
b. eligibility for medical leaves; require collective bargaining agreements to control on issues of employee transfer and reasonableness of required medical recertifications; prohibit an employer with no collective bargaining agreement from requiring recertification recertification Recredentialing Graduate education A process in which a professional is periodically re-evaluated–eg, every 10 yrs by an accrediting body to assure continued provision of safe, high-quality health care more than once every 30 days unless required by the employee's health care provider; provide that normally exempt employees do not become subject to overtime requirements solely because they reduce their weekly work schedules by taking unpaid leave; require employer records on medical leave to be kept confidential; and eliminate certain reporting requirements. Provisions of the original State act which are substantively more protective for employees than under the Federal law are preserved. By January 1, 1997, the State labor commissioner is to adopt new implementing regulations that, to the extent possible, coordinate with the Federal Family and Medical Leave Act and its regulations.
Other laws. A voluntary traffic reduction program was established, replacing an existing mandatory Statewide traffic management program which was enacted to bring the State into compliance with traffic reduction requirements of the Federal Clean Air Act. The Federal requirements have been repealed by Congress. Any affected employer who elects to participate in the new program is to submit a plan and an annual update to the Commissioner of Transportation describing measures to be implemented to reduce single occupancy vehicle trips to and from work and to relieve traffic congestion The condition of a network when there is not enough bandwidth to support the current traffic load.
congestion - When the offered load of a data communication path exceeds the capacity. . Participating employers with an approved plan will be eligible for tax credits and other assistance.
Wages. A new law was enacted increasing the State minimum wage rate from $4.25 per hour to $4.65 on April 15, 1996, and to $5 on January 1, 1997. Because the State minimum wage rate is replaced with the Federal minimum if it becomes higher than the State minimum, the State matched the Federal increase to $4.75 on October 1, 1996, and will increase its rate from $5 to $5.15 to match the Federal rate on September 1, 1997.
A Volunteer Firefighter and Rescue Squad
“Rescue squad” redirects here. For other uses, see Rescue squad (disambiguation). Worker Protection Act was adopted permitting professional firefighters and rescue squad members to volunteer their off-duty services and to waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered.
For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such their claim to overtime compensation. It will be unlawful for an employer to require an employee who is a firefighter or member of a rescue squad to volunteer his or her services during any time when he or she would be entitled en·ti·tle
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.
2. To furnish with a right or claim to something: to overtime compensation. The act will become effective only upon enactment of comparable Federal law.
Employee testing. Mandatory screening for the use of illegal drugs will now be required for all applicants for employment in security sensitive positions in the Department of Corrections. In addition, all department employees working in these positions will be subject to testing for the illegal use of drugs either on a random basis; if there is a reasonable suspicion Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. of an employee being impaired by an illegal drug; or following an incident involving the death or serious physical injury to a department employee, loss or significant damage to department property, or the escape of an inmate where the security-sensitive employee was directly involved in the incident.
Worker privacy. A Quality in Hiring Act was enacted, providing that an employer who discloses information about a current or former employee's job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for the disclosure or its consequences. The presumption of good faith may be rebutted by a showing that the information disclosed was knowingly false, was deliberately misleading, or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. applicable Federal, State, or local law or regulation.
Whistleblower whis·tle·blow·er or whis·tle-blow·er or whistle blower
One who reveals wrongdoing within an organization to the public or to those in positions of authority: "The Pentagon's most famous whistleblower is . . Provisions were added to the Use of Lie Detector Test lie detector test n. a popular name for a polygraph which tests the physiological reaction of a person to questions asked by a testing expert. A potential or actual criminal defendant or possible witness cannot be forced or ordered to take a lie detector test. by Employers law, the Discrimination in Employment Act, the Right to Inspect Personnel Files law, and the Clean Indoor Air Act to prohibit retaliation against any person who makes or cooperates in any complaint or investigation pertaining to these laws. All the laws enforced by the State Department of Labor will now have anti-retaliation provisions.
Other laws. The Employee Commute Options Act was repealed. This act had provided for mandatory employee traffic reduction programs to meet requirements of the Federal Clean Air Act. These Federal requirements have been repealed by Congress.
District of Columbia
Wages. The District of Columbia minimum wage rate is automatically set at $1 above the Federal minimum wage rate. Therefore, the rate rose from $5.25 per hour to $5.75 on October 1, and will increase again to $6.15 on September 1, 1997.
Employee testing. A law was enacted to establish a mandatory drug and alcohol testing policy for Department of Corrections employees in the District of Columbia. Testing will be required of all applicants for employment with the Department as well as those employees who have had a reasonable suspicion referral; any employee who, while on duty, is involved in an accident resulting in personal injury or property damage, or both; and those employees who have inmate care and custody responsibilities or who work within a correctional institution Noun 1. correctional institution - a penal institution maintained by the government
detention camp, detention home, detention house, house of detention - an institution where juvenile offenders can be held temporarily (usually under the supervision of a juvenile . Only the last category of employees will be subject to random testing (programming, testing) random testing - A black-box testing approach in which software is tested by choosing an arbitrary subset of all possible input values. Random testing helps to avoid the problem of only testing what you know will work. . Testing methodology and confirmation procedures are specified. The drug testing policy is to be issued in advance to inform employees and allow them the opportunity to seek treatment. Thereafter, any confirmed positive test results or a refusal to submit to the test will be grounds for termination.
Other laws. The Police Officers Outside Employment Amendment Act of 1996 was adopted to increase outside employment opportunities for members of the Metropolitan Police Department in an effort to provide increased protection to residents and businesses against criminal activities.
Child labor Student learners 16 to 18 years of age may now be employed in work on any scaffolding, roof, superstructure superstructure /su·per·struc·ture/ (soo´per-struk?chur) the overlying or visible portion of a structure.
A structure above the surface. , residential or nonresidential building construction, or ladder above 6 feet; in the operation of power-driven woodworking machines A Woodworking machine is a machine that is intended to process wood. These machines are usually powered by electric motors and are used extensively in woodworking. Sometimes grinding machines (for grinding woodworking tools) are also considered a part of woodworking machinery. ; in the operation of power-driven metal forming Metal forming
Manufacturing processes by which parts or components are fabricated from metal stock. In the specific technical sense, metal forming involves changing the shape of a piece of metal. , punching, or shearing machines A machine with blades, or rotary disks, for dividing plates or bars of metal
A machine for shearing cloth.
See also: Shearing Shearing ; involving slaughtering, meat packing, processing, or rendering; in the operation of power-driven paper products and printing machines; in excavation excavation
In archaeology, the exposure, recording, and recovery of buried material remains. The techniques employed vary by the type of site, but all forms of archaeological excavation require great skill and careful preparation. operations; on electrical apparatus or wiring; and in operating or assisting to operate a tractor that has more than 20 power-takeoff horsepower horsepower, unit of power in the English system of units. It is equal to 33,000 foot-pounds per minute or 550 foot-pounds per second or approximately 746 watts. , any trencher or earth-moving equipment, fork lift, or any harvesting, planting, or plowing machinery, or any moving machinery. Otherwise, work in these occupations is considered hazardous and prohibited for minors under age 18. A student learner must be enrolled in a recognized vocational training program, and must be employed under a written agreement that provides that the work in the occupation declared particularly hazardous will be incidental Contingent upon or pertaining to something that is more important; that which is necessary, appertaining to, or depending upon another known as the principal.
Under Workers' Compensation statutes, a risk is deemed incidental to employment when it is related to whatever a to the training, the work will be intermittent and for short periods of time under the direct supervision of a qualified and experienced person, that safety instructions be provided, and that a schedule of organized and progressive work processes to be performed on the job has been prepared.
Alien workers. The definition of the term "employment" was modified to exclude from unemployment compensation coverage those services performed in agricultural labor by alien agricultural workers admitted to the United States to perform service under specified sections of the Immigration and Nationality Act Immigration and Nationality Act may refer to:
Employee testing. Among amendments to the law relating to relating to relate prep → concernant
relating to relate prep → bezüglich +gen, mit Bezug auf +acc drug-free workplace requirements, the Agency for Health Care Administration, rather than the Department of Labor and Employment Security, is now responsible for adopting drug-testing rules and rules for handling contested drug test results. A provision was added to allow testing of hair samples for the presence of illegal drugs; and standards and procedures were established related to hair-testing--including collection procedures, testing procedures, drug-testing facility requirements, security, chain of custody The movement and location of physical evidence from the time it is obtained until the time it is presented in court.
Judges in bench trials and jurors in jury trials are obligated to decide cases on the evidence that is presented to them in court. , and employee privacy. It was specified that the law does not eliminate collective bargaining collective bargaining, in labor relations, procedure whereby an employer or employers agree to discuss the conditions of work by bargaining with representatives of the employees, usually a labor union. rights and that the drug-free workplace program requirements under the act are to be a mandatory topic of negotiations with any certified collective bargaining agent for nonfederal public sector employers. A drug-testing policy or procedure adopted by an employer is to be applied equally to all employees.
Other laws. Provisions ensuring the employment protection of members of the Florida National Guard The Florida National Guard consists of the:
• • , when ordered into State active service, were amended to add enforcement procedures. An employee who has been injured in·jure
tr.v. in·jured, in·jur·ing, in·jures
1. To cause physical harm to; hurt.
2. To cause damage to; impair.
3. by a violation may bring a civil action against the employer in violation. If found guilty, the employer will be liable for the greater of actual damages Noun 1. actual damages - (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
compensatory damages, general damages or $500. The prevailing party The litigant who successfully brings or defends an action and, as a result, receives a favorable judgment or verdict.
prevailing party n. the winner in a lawsuit. in any action will be entitled to recover their reasonable attorney's fees attorney's fee n. the payment for legal services. It can take several forms: 1) hourly charge, 2) flat fee for the performance of a particular service (like $250 to write a will), 3) contingent fee (such as one-third of the gross recovery, and nothing if there is no and court costs court costs n. fees for expenses that the courts pass on to attorneys, who then pass them on to their clients or, in some kinds of cases, to the losing party. .
Wages. The law relating to voluntary deductions from wages or salaries of State employees for benefit of charitable organizations This article is about charitable organizations. For other uses of the word charity, see Charity.
A charitable organization (also known as a charity) is an organization with charitable purposes only. was amended to expand coverage to public authorities and public corporations and to revise the definition of charitable organization to permit contributions to educational and environmental restoration or conservation agencies.
Worker privacy. The law providing immunity for employers who disclose factual information regarding an employee's job performance was revised to extend coverage to most private and public sector employers. Coverage had been limited to banks, licensed home care providers, home health agencies, savings and loan associations savings and loan association, type of financial institution that was originally created to accept savings from private investors and to provide home mortgage services for the public.
The first U.S. savings and loan association was founded in 1831. , and credit unions.
Other laws. State Department of Labor employees engaged in the practice of a specialty, in an official capacity, were added to the list of those persons exempt from the licensing requirements for professional counselors, social workers, and marriage and family therapists.
Wages. The Guam minimum wage law adopts the Federal minimum wage rate by reference. Therefore, the rate rose from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
Wages. Resolutions were adopted expressing disapproval of legislation, passed in the Commonwealth of the Northern Mariana Islands Northern Mariana Islands (märēä`nä), commonwealth associated with the United States (2005 est. pop. 80,400), c.185 sq mi (479 sq km), comprising 16 islands (6 inhabited) of the Marianas chain (all except Guam), in the W Pacific , that delayed for 6 months a previously enacted increase in the local minimum wage.
Child labor A school-to-work transition program was established within the Department of Education to assist high school students in moving successfully into the labor force or in furthering their training and education. This program replaces a similar transition-to-work system that had been established in the Department of Labor and Industrial Relations. All duties and functions relating to that department's program are to be transferred to the Department of Education.
Wages. The law relating to overtime work for nonclassified employees of State government was amended to clarify that assistant attorneys general attached to the office of the attorney general are eligible for cash compensation or compensatory time compensatory time
Time off given to an employee in place of overtime pay.
Noun 1. compensatory time - time off that is granted to a worker as compensation for working overtime for overtime work.
The wage payment law was amended to provide for the payment of attorney's fees and other costs of bringing a suit in those instances where a demand is made, in writing, at least 5 days before suit is brought for the payment of a sum not to exceed the amount found to be due by the court or the jury.
New sections were added to the wage payment law providing that an employee who knowingly files a false claim for wages or other compensation will be guilty of a misdemeanor misdemeanor, in law, a minor crime, in contrast to a felony. At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender's property. By the 19th cent. and subject to up to 6 months in jail or a fine of up to $1,000, or both. An employee who initiates a civil proceeding to collect unpaid wages or other compensation, either on his or her own behalf or through the Director of the Department of Labor and Industrial Services, based in whole or part on a knowingly false claim, also will be liable for attorney's fees and costs incurred by the employer in defending against the false claim, as well as any attorney's fees and costs, or other administrative costs administrative costs,
n.pl the overhead expenses incurred in the operation of a dental benefits program, excluding costs of dental services provided. incurred by the director in any investigation or proceeding to collect the wages or other compensation falsely claimed by the employee.
Hours. Provisions were repealed that had limited work in mines and smelters to 8 hours a day, with certain exceptions.
Worker privacy. An employer who, in good faith, provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee, or at the request of the current or former employee, may not be held civilly liable for the disclosure or the consequences of providing the information. An employer will be considered to be acting in bad faith only if it can be shown that the information disclosed was knowingly false and deliberately misleading.
Wages. The State minimum wage law adopts the Federal minimum wage rate by reference. Therefore, the State rate rose from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
Radio or television announcers, news editors, and chief engineers covered by the Federal Fair Labor Standards Act were added to the list of those employees excluded from the overtime payment requirements of the minimum wage law.
Worker privacy. A new Employment Record Disclosure Act provides that an employer who, upon request by a prospective employer, provides truthful written or verbal information about a current or former employee's job performance is presumed to be acting in good faith and is immune from civil liability for the disclosure and the consequences of the disclosure. The presumption of good faith may be rebutted if the information disclosed is shown to be knowingly false or in violation of a civil right of the employee or former employee.
Other laws. The Voluntary Employee Commute Options Emission Reduction Credit Act was created to replace the repealed Employee Commute Options Act which was enacted to bring the State into compliance with traffic reduction requirements of the Federal Clean Air Act. The Federal requirements have been repealed by Congress. Any affected employer who elects to participate in the new program is to submit a plan to the State Department of Transportation, describing measures to be implemented to encourage the use of carpooling, mass transit mass transit, public transportation systems designed to move large numbers of passengers. Types and Advantages
Mass transit refers to municipal or regional public shared transportation, such as buses, streetcars, and ferries, open to all on a , vanpooling, telecommuting telecommuting, an arrangement by which people work at home using a computer and telephone, transmitting work material to a business office by means of a modem and telephone lines; it is also known as telework. , compressed workweeks, clean fuel vehicles, and other measures that either reduce the number of commuting trips by employees or reduce the emissions associated with those trips.
Participating employers with an approved plan will be eligible for tax credits and other assistance.
Wages. On June 14, the State Supreme Court lifted an injunction that had blocked enforcement of prevailing wage law changes adopted in 1995. These changes include increasing the threshold amount for coverage to $150,000, raising from three to five the number of members on the committee that determines wage rates for each public works project, and changing the wage determination method from the "prevailing wages paid in the locality for each class of work" to the "common construction wages paid on all construction in the county where the project is located." Rates will now be established in all of the State's 92 counties, rather than for 16 sites.
Wages. The State minimum wage rate is replaced with the Federal minimum if it becomes higher than the State minimum. Because of this provision, the State rate increased from $4.65 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
Inmate labor Persons convicted of forcible forc·i·ble
1. Effected against resistance through the use of force: The police used forcible restraint in order to subdue the assailant.
2. Characterized by force; powerful. felonies may not be released on work release or parole parole (pərōl`), in criminal law, release from prison of a convict before the expiration of his term on condition that his activities be restricted and that he report regularly to an officer. .
Other laws. A Workforce Development Department was created to administer State laws relating to unemployment compensation insurance, job placement and training, employment safety, labor standards, and workers' compensation. The new department consolidates programs and services from the Departments of Employment Services, Economic Development, and Human Rights. In consultation with a newly created work force development board and regional advisory boards, the Workforce Development Department is to develop and implement a system to increase the skills of the State work force, foster economic growth and the creation of new high skill and high wage jobs through job placement and training services, and increase the competitiveness of State businesses by promoting high performance workplaces. The labor commissioner and industrial commissioners, formerly under the Department of Employment services, will continue in these positions in the new department.
Wages. If the Secretary of the Department of Human Resources The fancy word for "people." The human resources department within an organization, years ago known as the "personnel department," manages the administrative aspects of the employees. prevails on behalf of an employee, after taking an assignment in a wage claim case, the court is to award the agency reasonable attorney fees for the action.
Private employment agencies. The Private Employment Agency regulatory law was amended to permit charging a fee of up to $75 for receiving or filing applications for employment, and to repeal a section requiring that the fee be returned, upon request, if the applicant does not obtain employment through the licensed agency within 3 days after registration. Also, an exemption from the law was removed for a business that publishes employment information through the use of a computerized data base, and that, prior to July 1, 1993, had received a written statement from the Secretary of Human Resources that it was not a private employment agency.
Wages. The 50-percent tip credit allowed against the State minimum wage will now apply to any employee working in an occupation in which he or she receives more than $30 per month in tips. The previous standard was $20 per month of tip income. Employees may voluntarily enter into agreements to divide gratuities among themselves, but may not be required by the employer to do so.
Employees who provide twenty-four hour residential care on the employer's premises in a parental role to children who are primarily dependent, neglected, and abused and who are in the care of private, nonprofit A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive.
Nonprofits are also called not-for-profit corporations. Nonprofit corporations are created according to state law. child-caring facilities licensed by the Cabinet for Human Resources were added to the list of those exempt from State minimum wage and overtime requirements.
Among several changes in the State prevailing wage law, exemptions were eliminated both for school construction and for city and county projects involving less than 50 percent State funding; the threshold amount for coverage was reduced from $398,760 to $250,000 (the level had been set at $250,000 in 1982 with annual increases thereafter indexed to the Consumer Price Index); and a prohibition was added on dividing projects into multiple contracts of lesser value to avoid compliance. Locality, for purposes of rate determination, will no longer be restricted to the county where work is to be done and may now include more than one county within a State Senatorial district senatorial district
One of the territorial districts from which a senator to a state legislature is elected. .
The requirement for the labor commissioner to hold public hearings for rate determination purposes will not be required in any locality where the U.S. Department of Labor has issued a prevailing wage rate under the Davis-Bacon Act. In these cases, the commissioner may adopt the Federal rates.
Hours. The provision that police officers, in cities of the second class and urban-county governments, not be required to work more than 8 hours a day for 5 days a week was amended to permit work schedules of 10 hours a day and 4 days a week.
The law limiting the maximum driving and on-duty time of employees of motor carriers was amended to exempt transporters of agricultural commodities or farm supplies for agricultural purposes. To qualify, the transportation must be limited to an area within a 100-mile radius from the source of the commodities or distribution point for the farm supplies, and must be restricted to the State's planting and harvesting seasons.
Family issues. A provision allowing teachers to use up to 30 days of sick leave following the adoption of a child or children was amended to apply also to the birth of a child and to provide that additional days may be used when the need is verified by a physician's statement.
Child labor. An Office of School-to-Work, attached to the Office of the Secretary of the Workforce Development Cabinet, was created to support a school-to-work transition system. The system is to involve business, labor, education, and government in developing school curriculum and workplace training to prepare students for the work force.
Other laws. The composition of the Cabinet for Workforce Development was changed as part of a government reorganization. A new Office of Training and Reemployment was created within the Cabinet, and the Department for Employment Services and the Unemployment Insurance Commission were transferred to it from the Cabinet for Human Resources.
Equal employment opportunity. The Senate Committee on Labor and Industrial Relations and the House Committee on Labor and Industrial Relations were asked to jointly study State and Federal statutes and regulations regarding fair employment practices and related labor issues, especially instances of inconsistency in·con·sis·ten·cy
n. pl. in·con·sis·ten·cies
1. The state or quality of being inconsistent.
2. Something inconsistent: many inconsistencies in your proposal. conflicts, and overlapping between counterpart statutes. Findings are to be reported to be spoken of; to be mentioned, whether favorably or unfavorably.
See also: Report to the legislature prior to the start of the 1997 regular session.
Wages. The State minimum wage rate is replaced with the Federal minimum if it becomes higher than the State minimum. Because of this provision, the State rate increased from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
The minimum wage law was amended to clarify that the regular hourly rate, for purposes of overtime calculation, does not include any sums excluded from the definition of "regular rate" under the Federal Fair Labor Standards Act.
Within 2 weeks after the sale of a business, the seller of the business must pay employees any wages earned while employed by the seller, including compensation for accrued ac·crue
v. ac·crued, ac·cru·ing, ac·crues
1. To come to one as a gain, addition, or increment: interest accruing in my savings account.
2. vacation time if paid vacations Noun 1. paid vacation - a vacation from work by an employee with pay granted
holiday, vacation - leisure time away from work devoted to rest or pleasure; "we get two weeks of vacation every summer"; "we took a short holiday in Puerto Rico" were included in the terms of employment. The seller may comply through an agreement with the buyer in which the buyer agrees to pay any wages due and to honor any paid vacation earned prior to the purchase.
Employee leasing. Among amendments to the employee leasing company regulatory law, responsibility for registering these firms was transferred from the Bureau of Insurance to the Commissioner of Labor. The Commissioner of Labor also is responsible for working with various State officials to develop materials that would assist new businesses or small employers who are considering using an employee leasing company. Employee leasing companies are prohibited from offering health benefits on a self-insured basis to their employees without meeting the funding and reporting requirements that currently apply to other forms of multiple-employer welfare arrangements. If a multiple-employer welfare arrangement is terminated, prior written notice must be provided to the affected employees. The law strengthens the regulation of multiple-employer welfare arrangements by requiring fidelity bonds An insurance device in the form of a personal guaranty that protects against loss resulting from disreputable or disloyal employees or other individuals who possess positions of confidence. to guarantee benefit payment.
Preference. The Bureau of General Services is to adopt policies to promote the participation by enterprises doing business in the State and State residents in procurement The fancy word for "purchasing." The procurement department within an organization manages all the major purchases. contracts.
Wages. The State minimum wage law adopts the Federal minimum wage rate by reference. Therefore, the State rate rose from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
The prevailing wage law was amended to provide that rates under the law be determined annually, by the labor commissioner, with the determination to be effective for a 1-year period from the date of determination. Previously, determinations became final only when incorporated into a public works contract, rather than on the date of determination, and could remain in effect for longer than 1 year.
Hours. The law relating to modified work schedules for law enforcement employees or 40-hour civilian employees of the Department of State Police was revised to permit workdays of up to 12 hours, rather than 10, in lieu of Instead of; in place of; in substitution of. It does not mean in addition to. an 8-hour workday, with the authorization of the Secretary.
Worker privacy. An employer acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee, (1) to a prospective employer of the employee or former employee at the request of the prospective employer, or the current or former employee, or (2) if requested or required by a Federal, State, or industry regulatory authority Noun 1. regulatory authority - a governmental agency that regulates businesses in the public interest
administrative body, administrative unit - a unit with administrative responsibilities . An employer who discloses information will be presumed to be acting in good faith unless it is shown that the employer acted with malice malice, in law, an intentional violation of the law of crimes or torts that injures another person. Malice need not involve a malignant spirit or the definite intent to do harm. or intentionally in·ten·tion·al
1. Done deliberately; intended: an intentional slight. See Synonyms at voluntary.
2. Having to do with intention. or recklessly disclosed false information about the employee or former employee.
Wages. As the result of prior legislation, the State minimum wage rate rose from $4.75 per hour to $5.25 on January 1, 1997.
Child labor Employment of 16- and 17-year-olds by facilities licensed to sell State lottery A game of chance operated by a state government.
Generally a lottery offers a person the chance to win a prize in exchange for something of lesser value. Most lotteries offer a large cash prize, and the chance to win the cash prize is typically available for one dollar. tickets or operate horse and dog races will not be considered to be employment injurious in·ju·ri·ous
1. Causing or tending to cause injury; harmful: eating habits that are injurious to one's health.
2. to the morals of minors. Minors of this age working at race tracks may now be employed until 12 p.m. on Fridays and Saturdays and during school vacation periods, except for the last day of the vacation period.
The requirement that noncontinuous work periods of minors under age 18, whose work is divided into two or more periods, be completed within a period of 10 consecutive hours was amended to now permit completion within 12 consecutive hours.
Equal employment opportunity. All employers, employment agencies, and labor organizations are to promote a workplace free of sexual harassment. Employers are to adopt a policy against sexual harassment that is to include a statement that sexual harassment in the workplace is unlawful; a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint; a description and examples of sexual harassment; a statement of the range of consequences for employees who are found in violation; a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and the identity of the appropriate State and Federal enforcement agencies, and directions on how to contact them. Employees are to receive an individual written copy of the employer's policy against sexual harassment annually, and new employees are to be provided with a copy at the time of hire. Employers and labor organizations are encouraged to conduct education and training programs for new employees and members, and additional training for new supervisory and managerial employees and members.
Provisions barring employment discrimination on the basis of disability were amended to specifically cover agencies that employ individuals directly for the purpose of furnishing part-time or temporary help to others.
Other laws. Except for certain limited exceptions, State contracts are not to be entered into with companies doing business with or in Myanmar (Burma).
Wages. The wage payment law was amended to authorize To empower another with the legal right to perform an action.
The Constitution authorizes Congress to regulate interstate commerce.
authorize v. to officially empower someone to act. (See: authority) the Director of the Department of Labor to enter into reciprocal agreements with other States for the collection of claims for wages, fringe benefits, and penalties.
A measure enacted late in 1995 permits employers to deduct de·duct
v. de·duct·ed, de·duct·ing, de·ducts
1. To take away (a quantity) from another; subtract.
2. To derive by deduction; deduce.
v.intr. an overpayment o·ver·pay
v. o·ver·paid , o·ver·pay·ing, o·ver·pays
1. To pay (a party) too much.
2. To pay an amount in excess of (a sum due).
To pay too much. from an employee's wages without written consent under certain specified conditions. These include a requirement that the deduction be made within 6 months of the overpayment; that the employer provide the employee with a written explanation of the deduction at least one pay period before it is to begin; that the deduction not be greater than 15 percent of the gross wages earned in the pay period; and that the deduction does not reduce wages below the greater of the State or Federal minimum wage. This provision applies only to overpayments based on a mathematical error, miscalculation mis·cal·cu·late
tr. & intr.v. mis·cal·cu·lat·ed, mis·cal·cu·lat·ing, mis·cal·cu·lates
To count or estimate incorrectly.
mis·cal , or typographical error typographical error - (typo) An error while inputting text via keyboard, made despite the fact that the user knows exactly what to type in. This usually results from the operator's inexperience at keyboarding, rushing, not paying attention, or carelessness.
Compare: mouso, thinko. .
Child labor A measure enacted late in 1995 will permit 16- and 17-year-olds employed in agricultural processing (washing, sorting, or stacking fruits and vegetables) to work 62 hours a week and 11 hours a day for up to 4 weeks during a school vacation period with parental consent Parental consent laws (also known as parental involvement or parental notification laws) in some countries require that one or more parents consent to or be notified before their minor child can legally engage in certain activities. . Minors not enrolled in school may work these hours any time of the year. The prior limits were 10 hours a day and 48 hours a week.
Child labor work permits may now be issued by public school academies or nonpublic schools. Previously, work permits were issued only by public school district superintendents District Superintendent may be:
Worker privacy. An employer who discloses information about the job performance of a current or former employee to a prospective employer may not be held liable for such disclosure in a civil complaint, unless the information was known to be false or misleading or the disclosure was specifically prohibited by a State or Federal law.
A separate law requires that before hiring an applicant for employment, a school district or school is to request the applicant to sign a statement that both authorizes the applicant's current or former employer or employers to disclose any unprofessional conduct by the applicant, and releases the current or former employer from any liability for providing the information. This information is to be requested by the prospective employer and must be provided within 20 business days by the applicant's current or former employer or employers. An employer that discloses the requested information in good faith is immune from civil liability for the disclosure unless it is shown that the information disclosed was knowingly false or misleading, that the information was disclosed with a reckless disregard reckless disregard n. grossly negligent without concern for danger to others. Actually reckless disregard is redundant since reckless means there is a disregard for safety. (See: reckless) for the truth, or that the disclosure was specifically prohibited by a State or Federal law.
Other laws. An Executive Order reorganizing the departments of Labor and Commerce took effect on May 15, 1996. The new department is the Department of Consumer and Industry Services.
Family issues. The law requiring employers to grant employees up to 16 hours of leave a year to attend school conferences or their children's classroom activities was amended to expand applicability to school-related activities rather than the more limited leave for classroom activities.
Other laws. Membership on the nine-member pollution control board was expanded to add a representative of organized labor Organized Labor
An association of workers united as a single, representative entity for the purpose of improving the workers' economic status and working conditions through collective bargaining with employers. Also known as "unions". beginning in January 1998.
Inmate labor A Prison Industry Enhancement Program was created under which the Department of Corrections is authorized to contract with a private entity to employ offenders within the custody of the department or prison industries. The offenders must voluntarily agree to the program and must be under the supervision of the department at all times while working. They are to be paid, by the entity or entities, wages at a rate not less than that paid for similar work in the locality where the work is performed. Deductions of up to 80 percent of gross wages may be taken to pay Federal, State and local taxes; to pay reasonable charges for room and board; to support the offender's family pursuant to State law, court order, or agreement by the offender; and to pay contributions into the Crime Victims' Compensation Fund.
Other laws. It was made unlawful for any employee of a merchant to give away any merchandise without the permission of the merchant.
Wages. The State minimum wage law adopts the Federal minimum wage rate by reference. Therefore, the State rate rose from $4.25 per hour to $4.75 on October 1 and will increase again to $5.15 on September 1, 1997.
A ballot measure (Proposition A) was defeated by the voters that would have raised the State rate to $6.25 per hour on January 1, 1997, $6.50 on January 1, 1998, $6.75 on January 1, 1999, and an additional 15 cents each year thereafter beginning January 1, 2000.
Equal employment opportunity. It is now an unlawful employment practice for any employer to discriminate against any person with a visual, aural aural /au·ral/ (aw´r'l)
1. auditory (1).
2. pertaining to an aura.
Relating to or perceived by the ear. , or physical, disability by interfering, directly or indirectly, with the use of an aid or appliance, including a guide dog, hearing dog, or service dog, by such person.
Wages. The State minimum wage law adopts the Federal minimum wage rate by reference through administrative action. Action was taken to raise the State rate from $4.25 per hour to $4.75 on October 1, with a further increase to $5.15 scheduled for September 1, 1997.
A ballot initiative (No. 1-121) proposing to raise the State's $4.25 minimum wage by $2 in four 50-cent steps over a 2-year period ($4.75 on January 1, 1997; $5.25 on January 1, 1998; $5.75 on January 1, 1999; and $6.25 on January 1, 2000) was defeated in the November general election.
Wages. The State minimum wage law adopts the Federal minimum wage rate by reference through administrative action. Action was taken to raise the State rate from $4.25 per hour to $4.75 on October 1, with a further increase to $5.15 scheduled for September 1, 1997.
Wages. The State minimum wage rate is replaced with the Federal Fair Labor Standards Act rate if it becomes higher than the State minimum. Because of this provision, the State rate increased from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
Employee leasing. Among the amendments to the law relating to employee leasing companies, workers' compensation coverage will not be provided to any leasing companies that are not licensed. Leasing agencies, for licensing purposes, must have a bond or securities on deposit that the Commissioner of Labor deems adequate to assure payment of wages and benefits, and must now have a minimum net worth of $100,000 instead of $50,000. The Commissioner may refuse to issue, suspend, or revoke To annul or make void by recalling or taking back; to cancel, rescind, repeal, or reverse.
revoke v. to annul or cancel an act, particularly a statement, document, or promise, as if it no longer existed. a license if the employee leasing company fails to pay Federal withholding tax The amount legally deducted from an employee's wages or salary by the employer, who uses it to prepay the charges imposed by the government on the employee's yearly earnings. , unemployment insurance contributions, wages, or benefits when due. Companies in violation, or client companies doing business with an unlicensed employee leasing company, may be fined up to $1,000 per employee for each day the violation continues.
Other laws. The civil penalty that the Commissioner of Labor can impose for any violation of the State's labor laws was increased from up to $500 to up to $1000.
Wages. Amendments were made to the law permitting unsuccessful bidders, on those public works contracts subject to the State prevailing wage law, to bring an action for damages in court against the contractor awarded the contract if the contractor violated the prevailing wage law, or failed to pay any contribution, tax, assessment, or benefit required by any other applicable law. These amendments include clarification of which bidders can bring suit, and specify that the courts may order no payment if violations or failures to pay were caused by minor recordkeeping mistakes, minor computational errors, or other minor mistakes.
Apparel industry. New regulations were adopted for the confiscation of tangible property in the apparel industry to help ensure compliance with the provisions of the Apparel Registration Act.
Equal employment opportunity. As part of a new Genetic Privacy Act, it was made an unlawful employment practice for an employer to refuse to hire, to discharge, or to take other adverse action against an employee because of genetic information that is provided, or because of the refusal to submit to a genetic test, or to make the results of a genetic test available to an employer.
Employee testing. Boards of education will now be permitted to include drug testing as part of any physical examination that is required of a candidate who has received a conditional offer of employment. Drug testing is to be conducted by a physician or institution designated by the board of education and the costs are to be paid by the board. Guidelines, for those electing to require testing, are to be developed by the Department of Education in consultation with the Department of Health.
Other laws. A voluntary Travel Demand Management Program was created to replace a repealed mandatory program that had been enacted to bring the State into compliance with traffic reduction requirements of the Federal Clean Air Act. The Federal requirements have been repealed by Congress. Any affected employer who elects to participate in the new program is to submit a plan to the State Department of Transportation describing measures to be implemented to encourage the use of carpooling, mass transit, vanpooling, bicycling, walking, telecommuting, flextime flextime, system of assigning hours for work that permits employees to choose, within specified limits, the hours that they will be at their place of employment. In many companies, there is a "core time" when all employees must be present each workday. , compressed work weeks, and other measures that reduce the dependence on, and use of single occupancy vehicles, or alter the timing of travel to other, less congested con·gest·ed
Affected with or characterized by congestion.
congested ENT adjective Referring to a boggy blood-filled tissue. See Nasal congestion. periods or both. Participating employers with an approved plan will be eligible for tax credits and other assistance.
Wages. The Director of the Labor and Industrial Division of the Labor Department may now file wage claims up to the jurisdictional limit of magistrate Any individual who has the power of a public civil officer or inferior judicial officer, such as a Justice of the Peace.
The various state judicial systems provide for judicial officers who are often called magistrates, justices of the peace, or police justices. and metropolitan courts (currently $5,000) without referring the claim to the district attorney. Previously, wage claim cases exceeding $200 were sent to the district attorneys.
Agriculture. Every grower or processor employing paid farm or food processing Food processing is the set of methods and techniques used to transform raw ingredients into food for consumption by humans or animals. The food processing industry utilises these processes. workers must provide them with safe drinking water drinking water
supply of water available to animals for drinking supplied via nipples, in troughs, dams, ponds and larger natural water sources; an insufficient supply leads to dehydration; it can be the source of infection, e.g. leptospirosis, salmonellosis, or of poisoning, e.g. . Previously, this requirement applied only to those employing more than four workers.
Apparel industry. The law establishing a special task force to enforce labor laws in the apparel industry applies to any manufacturer or contractor in the apparel industry who ships, delivers, or sells any apparel, or sections of apparel, who knew or should have known that the goods were produced in violation of minimum wage and payment of wages laws. Retailers who sell such items produced in violation of minimum wage and payment of wages laws also will be held in violation unless they acquired the apparel or sections of apparel without notice from the labor commissioner of the law violations and with the written assurance of the manufacturer or contractor that the goods were produced legally. The State Supreme Court, upon petition of the attorney general, may restrain the shipping, delivery, sale or purchase by any apparel manufacturer, contractor, or retailer if it is shown that the goods were produced or sold during the previous 180 days in violation of the apparel industry task force law.
Registration requirements for manufacturers or contractors in the apparel industry were revised to add, to previously required information, the name, home address, and Social Security number of each owner or partner, or, if the registrant is a corporation with shares not listed on a national securities exchange or regularly quoted in an over-the-counter market over-the-counter market
Trading in stocks and bonds that does not take place on stock exchanges. Such trading occurs most often in the U.S., where requirements for listing stocks on the exchanges are strict. , this information must be provided for each officer and each of the 10 largest shareholders. The requirement to furnish fur·nish
tr.v. fur·nished, fur·nish·ing, fur·nish·es
1. To equip with what is needed, especially to provide furniture for.
2. information on any conviction for a labor law violation within the last year was changed to require information on convictions within the last 3 years and to apply to violations by any owner or partner or by any officer and the ten largest shareholders of corporations whose shares are not listed on an exchange or traded regularly in an over-the-counter market.
Genetic testing. It was made an unlawful discriminatory dis·crim·i·na·to·ry
1. Marked by or showing prejudice; biased.
2. Making distinctions.
dis·crim practice for employers, labor organizations, employment agencies, and licensing agencies to require or administer genetic tests to an individual as a condition of employment, referral, licensure licensure
(lī´snsh , or labor organization membership. An employer may require a genetic test if it is directly related to the occupational environment such that an employee with a particular genetic characteristic may be at an increased risk of disease as a result of working in that environment.
Labor relations. A provision was enacted prohibiting the use of State funds to train managers and supervisors regarding methods to discourage union organization.
Other laws. The State Administrative Procedure Act Administrative Procedure Act n. the Federal Act which established the rules and regulations for applications, claims, hearings and appeals involving governmental agencies. was amended to require that every State agency that adopts rules and regulations that may have a substantial impact on jobs and employment opportunities do so in a manner that, consistent with the objectives of applicable laws, ensures the preservation of existing jobs and promotes the development of new employment opportunities for State residents, including opportunities for self-employment.
The law prohibiting employers from unlawfully penalizing crime witnesses, who miss work to appear in court, was amended to also apply to crime victims for time spent consulting with the district attorney or otherwise exercising rights under the criminal procedure law. "Victim" includes the aggrieved party An individual who is entitled to commence a lawsuit against another because his or her legal rights have been violated.
A person whose financial interest is directly affected by a decree, judgment, or statute is also considered an aggrieved party entitled to bring an action or the aggrieved ag·grieved
1. Feeling distress or affliction.
2. Treated wrongly; offended.
3. Law Treated unjustly, as by denial of or infringement upon one's legal rights. party's next of kin The blood relatives entitled by law to inherit the property of a person who dies without leaving a valid will, although the term is sometimes interpreted to include a relationship existing by reason of marriage. Cross-references
Descent and Distribution. if the aggrieved party dies as a result of the offense.
Wages. Several studies were authorized including a study by the Legislative Research Commission of issues relating to increasing the State's minimum wage, and a study by the State Auditor State auditors are executive officers of U.S. states. The office usually is created by the state constitution.
Wages. The State minimum wage rate was raised administratively from $4.25 per hour to $4.75 to coincide with the Federal minimum wage increase. The State's 33-percent tip credit allowance was retained, requiring a $3.18 per hour minimum cash wage payment to tipped employees. The State will not allow a training wage for employees under 20 years of age.
Worker privacy. An employer who, upon request by an employee or a prospective employer of that employee, provides information about that employee's job performance will be immune from civil liability and other consequences of the disclosure if acting in good faith. Immunity will not apply where knowingly false or deliberately misleading information is supplied or where the information is given with malicious purpose or violates any civil rights of the employee.
Wages. The State minimum Age law adopts the Federal minimum wage rate by reference. Therefore, the State rate rose from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
Equal employment opportunity. The Task Force on Prevention of Genetic Discrimination was created to study other State laws and any model laws that are related to genetic discrimination. It was asked to make recommendations to the Oklahoma Legislature The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the Government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. by January 1, 1997, regarding proposed legislation that it finds necessary to prevent discrimination based on genetics, specifically regarding insurance and employment.
Worker privacy. Employees of the State Bureau of Investigation who are employed as polygraphers will now be subject to the licensing requirements of the Polygraph Examiners A polygraph examiner is a proficient user of the polygraph or lie detector. As a rule, polygraph examiner is specialist who have graduated from a Polygraph School, accredited by American Polygraph Association and completed not less than two hundred actual polygraph examinations Act. Those persons employed before the July 1, 1996, effective date of this amendment may become licensed without undergoing the testing and training requirements provided for in the law. Bureau of Investigation employees hired after that date will be required to meet the testing and training requirements prior to licensure.
Wages. Ballot Measure 36 to raise the State's $4.75 per hour minimum wage rate to $5.50 on January 1, 1997; to $6 on January 1, 1998; and to $6.50 on January 1, 1999 was passed in the November 1996 general election.
Wages. The State minimum wage law adopts the Federal minimum wage rate by reference. Therefore, the State rate rose from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
Agriculture. The Department of Agriculture rather than the Department of Environmental Resources now has responsibility for administering and enforcing the Seasonal Farm Labor Act.
Equal employment opportunity. The act establishing the Delaware River Joint Toll Bridge Commission The Delaware River Joint Toll Bridge Commission (DRJTBC) was created in 1934 to build and operate toll bridges across the Delaware River, which is the boundary between New Jersey and Pennsylvania, from Trenton, New Jersey north to the New York border. was amended to require the Commission to adopt equal opportunity employment and competitive hiring practices.
Private employment agencies. The Department of Labor and Industry's authority to supervise public and private employment agencies was expanded to include modeling and theatrical agencies also. Provisions were adopted limiting fees that can be charged applicants to 10 percent of the amount earned for each job secured through the modeling or theatrical agency, and providing that fees may not be charged until an assignment has been secured and accepted.
Puerto Rico Puerto Rico (pwār`tō rē`kō), island (2005 est. pop. 3,917,000), 3,508 sq mi (9,086 sq km), West Indies, c.1,000 mi (1,610 km) SE of Miami, Fla.
Wages. In 1995, a public policy was established requiring payment of the Stateside state·side
1. Of or in the continental United States.
2. Alaska Of or in the 48 contiguous states of the United States.
1. Federal minimum wage to all covered workers. The Minimum Wage Board was prohibited from setting any wage rate that exceeds the Federal minimum wage. A grandfather clause grandfather clause, provision in constitutions (adopted 1895–1910) of seven post–Reconstruction Southern states that exempted those persons who had been eligible to vote on Jan. guarantees the rights of employees currently paid at higher rates pursuant to Mandatory Decrees and provision was made for employees who are subsequently hired in industries covered by the Mandatory Decrees to also receive the higher rates. Uniform vacation and sick leave benefits were established, with provision made for greater existing benefits.
Payment of wages by check, direct deposit, or electronic funds transfer See EFT.
(application, communications) electronic funds transfer - (EFT, EFTS, - system) Transfer of money initiated through electronic terminal, automated teller machine, computer, telephone, or magnetic tape. was authorized. Previously, cash payments were required. The direct deposit or electronic funds transfer must be voluntary and with the employee's prior authorization prior authorization,
n See predetermination.
prior authorization Health insurance A cost containment measure that provides full payment of health benefits only if the hospitalization or medical treatment has been . Wages are to be paid at intervals coming or happening with intervals between; now and then.
See also: Interval not exceeding 15 days rather than weekly as before.
Hours. Under a 1995 amendment, employers and employees were authorized to enter into flexible hours arrangements by voluntary mutual agreement. An employee who rejects a flexible work schedule will continue to use the previous work schedule and is not to be subject to reprisal reprisal, in international law, the forcible taking, in time of peace, by one country of the property or territory belonging to another country or to the citizens of the other country, to be held as a pledge or as redress in order to satisfy a claim. because of the refusal. An employee must have at least 12 consecutive hours off between the end of one shift and the beginning of the next. The shift must be worked consecutively. An employer may allow an employee to adjust starting and quitting times for reasons of personal convenience without incurring the obligation to pay the double-time daily overtime premium that would otherwise accrue To increase; to augment; to come to by way of increase; to be added as an increase, profit, or damage. Acquired; falling due; made or executed; matured; occurred; received; vested; was created; was incurred. when the employee reported for duty the next day without having had the minimum rest period between shifts. Changes also were made in rest period requirements.
Wages. Legislation was enacted increasing the minimum wage rate from $4.45 an hour to $4.75 on September 1, 1996, and to $5.15 on January 1, 1997. The allowance for gratuities as part of the hourly wage rate for waiters and waitresses who receive tips was changed from 35 to 50 percent of the applicable minimum wage, but with a provision that the cash wage received from the employer be not less than $2.89 per hour.
It was specified that the Director of Labor may administer oaths, examine witnesses, issue subpoenas, and enter any place of employment at all reasonable hours for the purpose of inspecting wage records and seeing that all requirements regarding payments by contractors are met. Interest payable by employers on wages or supplements found to be due was increased from 6 to 12 percent per annum Per annum
Yearly. from the date of the underpayment. The prior authorization for a civil penalty of up to 25 percent of the total amount found to be due was replaced with a requirement for a civil penalty of three times the total amount found to be due. The provision that a civil penalty of more than $10,000 would be considered a felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. was replaced with a provision that a civil penalty of more than $5,000 will be a misdemeanor punishable by up to I year in prison and/or a fine of up to $1,000. A minimum 18-month period of ineligibility INELIGIBILITY. The incapacity to be lawfully elected.
2. This incapacity arises from various, causes, and a person may be incapable of being elected to one office who may, be elected to another; the incapacity may also be perpetual or temporary. for bidding on or being awarded work by a public agency was established for firms found in willful Intentional; not accidental; voluntary; designed.
There is no precise definition of the term willful because its meaning largely depends on the context in which it appears. violation. Penalties were also increased where a firm is found to have willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) made a false or fraudulent representation concerning certified payroll records payroll record,
n a printed form on which detailed records are kept of the amounts of money paid to auxiliaries. The record has columns for all the necessary tax deductions so that a detailed record is available for tax reporting and cost accounting. .
Hours. The law requiring work permits for work on Sundays and holidays was amended to provide that any manufacturer of wall-covering products, who operates for 7 continuous days per week, 24-hours per day and who has obtained the required permits for Sunday and holiday work, will be exempt from the requirement that the work on Sundays be voluntary if the manufacturer increases employment by at least 10 percent within I year of its conversion to continuous operation from noncontinuous operation.
Individuals employed as part of 24-hour, 7-day-a-week telephone customer service and sales operations in the banking or financial services The examples and perspective in this article or section may not represent a worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page. industries were added to the list of those employees exempt from the requirement for a permit to work on holidays and Sundays. In addition, the definition of "economic necessity," for purposes of exemption from the law, was amended to add 7-day-per-week operations where this is the prevailing industry practice in the provision of banking or financial services.
Family issues. Any employer who allows employees to use their sick time or sick leave after the birth of a child is now to allow the same time to be used for the adoption of a child under age 17.
Child labor A School-to-Work Transition Act was adopted to establish a State framework within which State departments can create an interagency in·ter·a·gen·cy
Involving or representing two or more agencies, especially government agencies. mechanism to develop, implement, and maintain a Statewide system of school-to-work transition. The act would promote the formation of local partnerships that link school and work among high schools and post-secondary educational institutions; private and public employers; labor organizations; Government; community-based organizations; parents; students; State educational, training, human service and economic development agencies. It will provide all students with opportunities to participate in education and training programs to prepare for further education, as well as high-skill, high-wage careers.
Equal employment opportunity. No employer, employment agency, or licensing agency may refuse to hire any applicant, or discharge an employee or discriminate against him or her with respect to any matter related to employment because he or she has sought protection under laws protecting victims of domestic abuse.
Employee testing. The law generally prohibiting untie and blood testing as a condition of employment was amended to clarify the section permitting drug testing in which an employer has reasonable grounds to suspect drug use. Testing will be permitted only if the employer has promulgated prom·ul·gate
tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates
1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce.
2. a drug abuse prevention policy; employees testing positive are not terminated on that basis, but instead referred to a licensed substance abuse professional; and results of any test are kept confidential, except for disclosing the results of a "positive" test only to other employees with a job-related need to know.
Worker privacy. An employer that, upon request by a prospective employer or a current or former employee, provides fair and unbiased information about a current or former employee's job performance is presumed to be acting in good faith, and is immune from civil liability for the disclosure and the consequences of the disclosure, unless it is shown that the information disclosed was knowingly false; deliberately misleading; disclosed for a malicious purpose; or violated the current or former employee's civil rights.
Other laws. A new Department of Labor and -training was established by a transfer of the functions of the former Department of Labor and Department of Employment and Training. The head of the Department will be the Director of Labor and Training who will be appointed by the governor.
Agriculture. The Migrant mi·grant
1. One that moves from one region to another by chance, instinct, or plan.
2. An itinerant worker who travels from one area to another in search of work.
Migratory. Farm Workers Commission was renamed The Migrant and Seasonal Farm Workers Commission and a member was added to represent the interests of migrant or seasonal farmworkers. If adequate State funds are available, the South Carolina Employment Security Commission will contract to provide a pre-occupancy housing inspection program and report the inspection results to the Migrant and Seasonal Farm Workers Commission before October first of each year.
Equal employment opportunity. It was made an unlawful employment practice under the State Human Affairs Law for employers, employment agencies, labor organizations, or joint labor-management training committees to discriminate against applicants employees or members because of disability. These organizations are prohibited from conducting a medical examination or making inquiries of a job applicant concerning the existence of, or the nature or severity of any disability, except those preemployment inquiries that may be made about the ability of an applicant to perform job-related functions. Medical examinations will also be permitted where they are required of all entering employees regardless of disability. Reasonable workplace accommodation is to be made for individuals with disabilities unless doing so would result in an undue hardship undue hardship Social medicine A term used in the context of the ADA, in which an employer may claim that the accommodations required to comply with the ADA are financially unviable and represent an undue hardship. . Disability does not include the use of alcohol or illegal drugs.
Worker privacy. An employer will be immune from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer, or for responding in writing to a written request for information about a current or former employee from a prospective employer, concerning written employee evaluations, personnel notices that record the masons for separation, whether the separation was voluntary or involuntary involuntary adj. or adv. without intent, will, or choice. Participation in a crime is involuntary if forced by immediate threat to life or health of oneself or one's loved ones, and will result in dismissal or acquittal.
INVOLUNTARY. , and information about job performance. The immunity from civil liability will not apply when an employer knowingly or recklessly releases or discloses false information.
Wages. Employees separated from an employer's payroll are to be paid not later than the next regular payday. Previously, payment was required within 5 days of the time of separation.
Worker privacy. An employer who discloses written information about the job performance of an employee or former employee to a prospective employer of that person, at the written request of the prospective employer, the employee, or former employee, is presumed to be acting in good faith and may not be held liable for the disclosure or its consequences. Good faith is presumed unless it is shown that the employer knowingly, or maliciously, disclosed false or deliberately misleading information or disclosed information subject to a nondisclosure agreement or information that is confidential under any Federal or State law.
Other laws. A State employee who is a certified disaster service volunteer of the American Red Cross may, with approval of the employing agency, be granted leave from work with pay, for up to 10 days annually, to participate in disaster relief services during a State declared disaster without loss of vacation, sick leave, bonus, advancement, and other benefits.
Family issues. The law allowing State employees to use up to 30 days of sick leave for maternity leave was amended to allow use of sick leave for paternity leave also. In the event both parents are State employees, the total sick leave used for maternity and paternity leave is limited to 30 days.
Employee leasing. Among several amendments to the State Employee Leasing Act, staff leasing companies will be required to demonstrate proof of compliance with all workers' compensation laws and to notify leased employees of the insurance benefits provided and of the identity of the insurer. Provision is made for a committee to consider a plan to allow staff leasing companies to insure themselves. Other changes eliminate the provision stating that leased employees are employees of the client for purposes of employer liability insurance; permit the Commissioner of Commerce and Insurance to impose a civil penalty of $ 1,000 for each violation; permit a nonresident applicant who is licensed in another State with similar licensing requirements to be licensed by reciprocity reciprocity
In international trade, the granting of mutual concessions on tariffs, quotas, or other commercial restrictions. Reciprocity implies that these concessions are neither intended nor expected to be generalized to other countries with which the contracting parties ; and delete the 12-month limit for suspension of licenses. An applicant for a license will have a 60-day opportunity to clear up any problems when an application is denied. The Commissioner is to notify the State Department of Labor and each client of any license revocation The recall of some power or authority that has been granted.
Revocation by the act of a party is intentional and voluntary, such as when a person cancels a Power of Attorney that he has given or a will that he has written. or suspension.
Private employment agencies. The law regulating and requiring registration of employment agencies was repealed and replaced with a new Employment Agency Act that does not require registration. Several prohibited activities are specified and provision is made for refunds of fees when work is terminated by an employer through no cause of the candidate within 4 weeks of beginning work. The Consumer Affairs Division within the Commerce and Insurance Division is to investigate violations and bring action under the State Consumer Protection Act. If no recruiting fee is charged for services rendered, the law will not apply to employee trade associations that provide jobs for public school teachers and administrators; employment services established and operated by the State or the United States; labor unions labor union: see union, labor. ; musician booking agencies; associations finding employment for nurses; any licensed health care provider; and any public or private college or university in the State.
Wages. An administrative rule was adopted, increasing the State minimum wage rate from $4.25 per hour to $4.75 on October 1, with a further increase to $5.15 scheduled for September 1, 1997. Minor employees under age 18 may be paid $4.25 per hour for the first 90 days of employment with an employer. Employers of tipped employees are to pay a minimum cash wage of at least $2.13 per hour. They can take a tip credit against the minimum wage for the difference if an employee's tips and the cash wage equal or exceed the minimum hourly wage requirement. Previously, the permitted credit was 50 percent of the applicable minimum wage.
Family issues. The State Board of Education, local school boards, school community councils, and school directors are to work with employers to develop policies and programs that would allow for greater employee participation in the public education system during school hours.
Other laws. Several functions, including employment security and job training, were transferred to a new Department of Workforce Services. A determination is pending as to whether the Industrial Commission should become part of the new Department. A decision will be made during the 1997 legislative session. The Industrial Commission is responsible for administering labor, workplace safety, workers' compensation, and antidiscrimination laws.
Wages. The minimum hourly wage was increased from $4.75 to $5 on January 2, 1997 with a further increase to $5.15 scheduled for January 2, 1998. These rates in excess of $4.75 an hour will not be required for the first 90 calendar days of employment for employees who have no prior experience at the type of job in question and who are not displacing other workers. The tip credit rate, applicable to the hotel, motel, tourist, and restaurant industry was increased on January 2, 1997, from $2.61 to 47 percent of the basic minimum rate for a minimum cash hourly wage of $2.65. It will rise to 48 percent of the basic minimum rate on January 2, 1998, for an hourly minimum cash wage rate of $2.68.
The State minimum wage rate is replaced with the Federal minimum if it becomes higher than the State minimum. Because of this provision, the legislated increase to $5.15 will become effective on September 1, 1997, rather than January 1, 1998.
Employee leasing. A comprehensive employee leasing company regulatory law was enacted establishing standards for the operation, regulation, and licensing of these firms. A license granted by the commissioner of labor and industry will be required to operate in the State, and requirements, including fees, provision of information on controlling persons, minimum age, recordkeeping, and financial responsibility, were adopted for applying for the license. The law also includes provisions dealing with the renewal of a license, and the denial, suspension or revocation of a license.
A portion of the license fees collected is to be used to implement the act. Leasing firms are responsible, along with client companies, for the payment of wages, workers' compensation premiums, unemployment insurance premiums, and employee benefits.
Notification of the employment arrangement is to be provided to all leased employees within 10 days after executing the agreement. Employee leasing companies are also to implement an employee grievance griev·ance
a. An actual or supposed circumstance regarded as just cause for complaint.
b. A complaint or protestation based on such a circumstance. See Synonyms at injustice.
2. system and provide each leased employee with a manual that outlines the terms and conditions of employment conditions of employment
that part of an employment that sets out the duties, responsibilities, hours of work, salary, leave and other privileges to be enjoyed by persons employed, for example a veterinary nurse, in private practice. . Unprofessional conduct is prohibited, including occupational advertising that is intended or tends to deceive TO DECEIVE. To induce another either by words or actions, to take that for true which is not so. Wolff, Inst. Nat. Sec. 356. the public. An employee leasing company is not to reassign leased employees or take any other action for the purpose of interfering with the terms and conditions of any collective bargaining agreement or organizational activity.
Wages. The State minimum wage law adopts the Federal minimum wage rate by reference. Therefore, the State rate rose from $4.25 per hour to $4.75 on October 1, and will increase again to $5.15 on September 1, 1997.
Participants in the Full Employment Program, created as part of a new welfare-to-work law, are to be placed in full-time employment when appropriate, and paid by the employer at an hourly rate not less than the Federal or State minimum wage, whichever is higher. Employers will be reimbursed for a portion of the wages paid.
Private employment agencies. The law providing for the licensing and regulation of private employment agencies was repealed and the Employment Agency Advisory Board was eliminated.
Inmate labor The State Crime Commission was directed to study the propriety pro·pri·e·ty
n. pl. pro·pri·e·ties
1. The quality of being proper; appropriateness.
2. Conformity to prevailing customs and usages.
3. proprieties The usages and customs of polite society. of paying prisoners for work with the aim of both providing job training and experience and reducing some of the costs of confinement con·fine·ment
1. The act of restricting or the state of being restricted in movement.
Discharge. The Act relating to the dismissal of teachers was amended to specify that if disability is used as the reason for a teacher being dismissed or being placed on probation, the medical evidence must be in compliance with Federal law. Also, "incompetency The lack of ability, knowledge, legal qualification, or fitness to discharge a required duty or professional obligation.
The term incompetency has several meanings in the law. ," as a basis for dismissal, was defined to include performance that is documented to be consistently less than satisfactory.
Agriculture. The Department of Agriculture and the Department of Labor and Industries Not to be confused with the United States Department of Labor, most U.S. States have a Department of Labor and Industry (DLI or L&I).
Duties for the Department include: inspected the working conditions in factories, administering benefits to unemployed individuals and are to coordinate adoption, implementation, and enforcement of a common set of worker protection standards related to agricultural pesticide pesticide, biological, physical, or chemical agent used to kill plants or animals that are harmful to people; in practice, the term pesticide is often applied only to chemical agents. application and handling in order to avoid inconsistency and conflict in the application of those rules. These departments are also to coordinate investigations with the Department of Health. Standards adopted are to be at least as effective as the Federal worker protection standards adopted by the U.S. Environmental Protection Agency Environmental Protection Agency (EPA), independent agency of the U.S. government, with headquarters in Washington, D.C. It was established in 1970 to reduce and control air and water pollution, noise pollution, and radiation and to ensure the safe handling and .
Employee testing. Provision was made to implement drug-free workplace programs for workers in the State. Such programs are to include a written policy statement given to employees and applicants, informing them of the employer's policy on employee substance abuse and identifying types of testing that may be required and the consequences of a positive, confirmed test result. Drug-free workplace programs provide a requirement for testing applicants who are offered employment and for testing under other situations, including reasonable suspicion and when an employee has caused or contributed to an on-the-job injury; provision of an employee assistance program; employee education programs on substance abuse; and supervisor training programs. Employers with acceptable drug-free workplace programs will qualify for a 5-percent discount on workers' compensation premiums.
Other laws. A State employee who is a certified disaster service volunteer of the American Red Cross may, with approval of his or her immediate supervisor, be granted a leave of up to 15 workdays annually to participate in specialized disaster relief services without loss of pay, accrued leave, earned overtime compensation, or seniority.
Wages. The State minimum wage rate for adult workers was increased from $4.25 per hour to $4.75 on October 1, by administrative action, as directed by the Governor. The wage rate for adult agricultural workers was increased to $4.55 per hour. There was also an adjustment of the rates used to assign a value to meals and lodging received as compensation. In addition, the rule repeals the current definition of "probationary employee" and adopts an opportunity wage of $4.25 per hour applicable to employees under 20 years of age during the first 90 days of employment. The minimum cash wage payable to tipped employees remains at $2.33 per hour (except for those persons, 20 years of age, in their first 90 days of employment, who will be paid $2.13 per hour).
Several major changes were made in the State prevailing wage laws. The dollar threshold amount for coverage was raised from $11,000 to $30,000 for a municipal or State building project that requires only a single trade, and from $110,000 to $150,000 for those projects needing more than one trade to complete the work. These amounts will be adjusted annually beginning after December 1, 1997.
"Area" for purposes of determining State and municipal rates was defined as the county in which a proposed project is located or, if less than 500 hours of work in a particular trade have been performed in that county, then contiguous counties. Also, the prevailing wage will now be the rate paid for a majority of the hours worked in any area for any classification or, if no majority exists, a weighted average calculated, using the top 51 percent of wages, measured by hours worked; the Department of Workforce Development will be solely responsible for determining the proper classification of employees under all prevailing wage laws; overtime after 8 hours a day was changed to start after 10 hours a day and 40 hours a week, Monday through Friday, and for all work on Saturday, Sunday and 6 designated holidays; the definition of "site-of-work" was clarified; and the requirement to determine minimum truck rental rates was deleted.
Provision was made for an annual survey to determine prevailing wage rates. Employers who fail to reply to the survey will be barred from requesting either a recalculation re·cal·cu·late
tr.v. re·cal·cu·lat·ed, re·cal·cu·lat·ing, re·cal·cu·lates
To calculate again, especially in order to eliminate errors or to incorporate additional factors or data. or administrative review of any rate determined.
Worker privacy. An employer who, on the request of an employee or a prospective employer of the employee, provides a reference to the prospective employer is presumed to be acting in good faith and is immune from all civil liability that may result from providing the reference. The presumption of good faith may be rebutted only by a showing that the employer knowingly provided false information in the reference, that the employer made the reference maliciously, or that the reference was made in violation of antidiscrimination provisions.
Polygraph testing is permitted for prospective employees of law enforcement agencies.
Inmate labor. Counties may establish work camps for the reformation Reformation, religious revolution that took place in Western Europe in the 16th cent. It arose from objections to doctrines and practices in the medieval church (see Roman Catholic Church) and ultimately led to the freedom of dissent (see Protestantism). and employment of persons sentenced to the county jail. Prisoners assigned to a work camp may volunteer to perform meaningful work at paid employment in the community or work on a project that serves the public interest or has a charitable purpose and is operated by a nonprofit organization Nonprofit Organization
An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well.
Examples of non-profit organizations are charities, hospitals and schools. . The work may not result in the displacement of employed persons from their jobs or the replacement of workers on strike or locked out of work. Part of the wages earned may be used to reimburse re·im·burse
tr.v. re·im·bursed, re·im·burs·ing, re·im·burs·es
1. To repay (money spent); refund.
2. To pay back or compensate (another party) for money spent or losses incurred. the county for the expenses of maintaining the prisoner.
Whistleblowers. The University of Wisconsin Hospitals and Clinics Authority will now be covered by laws prohibiting retaliatory re·tal·i·ate
v. re·tal·i·at·ed, re·tal·i·at·ing, re·tal·i·ates
To return like for like, especially evil for evil.
To pay back (an injury) in kind. action by a governmental employer against employees for disclosing information on violation of any State or Federal law or regulation, mismanagement mis·man·age
tr.v. mis·man·aged, mis·man·ag·ing, mis·man·ag·es
To manage badly or carelessly.
mis·manage·ment n. , abuse of authority, a substantial waste of public funds See Fund, 3.
See also: Public , or a danger to public health and safety.
Other laws. The Bureau of Child Support and the Office of Child Care were transferred from the Department of Health and Family Services to the Department of Industry, Labor, and Job Development.
The Division of Hearings and Appeals in the Department of Administration now has authority to hold administrative hearings administrative hearing n. a hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling. for the Department of Industry, Labor, and Job Development.
The law establishing building requirements to facilitate use by physically disabled persons was amended to prohibit the Department of Industry, Labor, and Human Relations human relations npl → relaciones fpl humanas from adopting a rule requiring the provision of unisex toilet rooms in any public building or place of employment.
Worker privacy. An employer who, in good faith, discloses information about a former employee's job performance to a prospective employer or to an employer of the former employee will be immune from civil liability for the disclosure or for the consequences resulting from the disclosure. The employer is presumed to be acting in good faith, unless it can be shown that the information disclosed was knowingly false or deliberately misleading or given with malicious intent.
Private employment agencies. A temporary service contractor who finds work for a temporary worker is only entitled to collect a fee from an employer who hires the worker for a permanent position, if the employer is notified in writing of the existence and the amount of the fee prior to the date of services being rendered.
Other laws. Various archaic and superseded provisions pertaining to the employment of women were repealed. These included limitations on hours of work with overtime required after 8 hours a day or 48 hours a week, daily rest periods, provision of accessible seats at the worksite, and nightwork hours restrictions for females between 16 and 18 years old.
(1) The Arkansas, Montana, Nevada, North Dakota, and Texas legislatures The Texas Legislature is the state legislature of the U.S. state of Texas. The legislature meets at the Texas State Capitol in Austin. In Texas, the Legislature is considered the most powerful branch of state government because of its aggressive use of the power of the purse to did not meet in 1996. The Oregon legislature met in special session only and did not enact any labor legislation. Guam and Nebraska did not enact significant legislation in the fields covered by this article. Information about the Virgin Islands was not received in time to be included in the article, which is based on information received by December 5, 1996.
(2) Delaware, Idaho, Illinois, Maryland, Michigan, Ohio, Rhode Island, South Carolina, South Dakota, Wisconsin, and Wyoming.
Richard R. Nelson is a State Standards Adviser in the Division of External Affairs, Wage and Hour Division, Employment Standards Administration The Employment Standards Administration (ESA), the largest agency within the U.S. Department of Labor, enforces and administers laws governing legally-mandated wages and working conditions, including child labor, minimum wages, overtime and family and medical leave; equal , U.S. Department of Labor.