Quick Reference
Employers in five states, California, Hawaii, New Jersey, New York and Rhode Island, are required to provide temporary disability insurance to workers. This quick reference chart helps employers understand each state's temporary disability insurance requirements.
The Affordable Care Act requires every state and the District of Columbia to establish a health insurance exchange, or to default to a federally facilitated exchange operated by the US Department of Health and Human Services. This quick reference chart identifies state decisions for creating health care exchanges.
The requirements of the Affordable Care Act (ACA) go into effect over several years. The following is a summary of major provisions of health reform that are already in effect as well as those that will become effective over the next several years.
This Quick Reference chart describes state overtime requirements. Many states have overtime requirements that are for all intents and purposes the same as those of the federal Fair Labor Standards Act (FLSA) - time and a half for all hours worked beyond 40 in a workweek. Some states have no overtime requirements. Other states have unique overtime requirements that differ from those of the FLSA.
Many states have minimum wage requirements. This Quick Reference chart sets forth the state minimum wage rates for all 50-states plus DC.
This chart addresses some of the most common scenarios for determining whether employees need to be paid under the Fair Labor Standards Act (FLSA) when employers close down their workplaces or when employees are unable or unwilling to work because of a snowstorm, hurricane or other natural disaster.
This chart references recent legislation among the states which generally aims to prohibit employers from requesting or requiring that employees and applicants provide user names, passwords and other ways of accessing personal information on social media websites as a condition of employment.
While there is no federal law mandating voting leave, many states require that employers provide employees with time off to vote. This quick reference chart lists the voting leave requirements for each state.
This chart is a brief introduction to the FMLA's interplay with state and federal law, and summarizes many of the questions and issues that arise under various employment laws and obligations when employees seek, take and return from FMLA-type leaves.
A social media policy is a must for any workplace today, but any provisions that either explicitly restrict, or may be reasonably interpreted to restrict, both union and non-union employees from exercising rights under Section 7 of the NLRA and engaging in protected concerted activity or discussing wages, hours and working conditions, may be viewed as unlawful.
The Occupational Safety and Health Administration (OSHA) administers the whistleblower protection provisions of 22 whistleblower statutes, conducts inspections, holds proceedings, and issues orders with respect to employees' complaints that their employers retaliated against them for exercising their legal rights. This quick reference chart summarizes the filing requirements of the 22 whistleblower statutes OSHA administers, in addition to a number of other whistleblower protection provisions administered by other agencies.
Employers should ensure proper communication by studying their employee populations, available resources and delivery systems. This quick reference chart lists common methods of communication, as well as their respective advantages and disadvantages.
Federal law requires the retention of certain employee records. This Quick Reference chart lists the specific types of information that must be retained regarding employees, and the minimum length of time such records must be kept.
This Quick Reference chart includes recommended acceptable and unacceptable uses of an employer's communications networks (computer, internet, telephone, etc) by an employee.
Whether an employee has a right to inspect or copy his or her personnel records is a state-driven issue that depends on several factors, including whether the employer is a public or private employer. This quick reference chart indicates whether employees in a particular state have the right to inspect or copy their personnel file.
Whether a law applies to a particular employer depends on several factors, including the employer's size and whether the employer is a private company or a government agency. This Quick Reference chart helps employers determine whether certain federal statutes apply to them.
An employer may not be clear on how a National Labor Relations Board (NLRB) decision relates to a General Counsel Memo or to an appellate court decision under the National Labor Relations Act. This Quick Reference chart helps employers navigate the NLRB organization and enforcement process.
This Quick Reference chart lists the states that have enacted right to work laws, which prohibit the execution or application of agreements requiring membership in a union as a condition of employment.
Employers must be prepared when confronted with a union organizing campaign in their workplace. This quick reference chart will enable an employer to identify the signs of a union organizing campaign.
This Quick Reference chart will assist employers in determining the type of replacement workers it may hire during a strike.
These Quick Reference charts illustrate the circumstances in which an employer may lawfully prohibit solicitation and distribution of literature in its workplace.
This Quick Reference chart lists commonly recognized mandatory subjects of collective bargaining, which neither party can refuse to bargain about; permissive subjects of bargaining, about which both parties may bargain; and prohibited subjects, which would violate the National Labor Relations Act or other law.
Exit interviews are an extremely valuable yet under-utilized tool for employers. They can obtain extremely candid, useful information to improve problematic employment practices and can identify post-employment legal risks when speaking with outgoing employees. This chart conveys the basic dos and don'ts of conducting exit interviews.
This Quick Reference Chart will enable an employer to determine if it is covered by the Worker Adjustment and Retraining Notification Act (the WARN Act), and if so, whether the WARN Act requires advance notification for an upcoming layoff or reduction in force (RIF).
Several states have passed mandatory E-Verify measures that require businesses to confirm the work eligibility of all new hires using the federal electronic verification system. This Quick Reference Chart will show employers if a mandatory E-Verify law applies in their state along with the penalties for noncompliance.
The introduction of federal "Ban the Box" legislation follows that of a host of big cities and some states which already have enacted laws prohibiting employers from asking applicants if they have been convicted of a felony on initial application forms.
Employers must comply with the Immigration Reform and Control Act (IRCA), which requires that employers verify the identity of their employees and that the employees are authorized to work in the US. Employers can use this chart to avoid the civil and criminal penalties that can be incurred by hiring an unauthorized worker.
One way for employers to verify the information entered by employees on the Form I-9 is to submit the information through the federal electronic verification system called E-Verify. This quick reference chart outlines an employer's responsibilities when using E-Verify.
The Fair Credit Reporting Act does not prevent an employer from conducting third-party credit checks so long as the employer obtains the applicant's written consent and complies with the FCRA's notice requirements. However, some states have gone beyond federal law and placed restrictions on when employers can conduct credit checks of job applicants or employees for screening purposes to certain types of positions.
Employers should be aware of state laws regarding marijuana for medicinal purposes. This quick reference chart lists the states with medical marijuana laws and the years those laws were passed.
Employers can use this chart to see the distracted driving laws in their state or in any of the states where they will be sending drivers. It covers texting bans, handheld bans and laws for both novice drivers (which usually means drivers who are minors, have had their license for less than a specified time, or who are still operating under a graduated license or permit) and bus drivers.
Parking Lot Storage laws, which are a growing trend in the country, prohibit employers from banning employees from bringing guns into the workplace. The following chart lists the current states that have these laws.
Key facts, such as minimum wage rates by state and minimum notice periods.
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