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QUESTION OF THE MONTH

Question: Does your state/province have any state/provincial laws regarding leaves of absence for women disabled on account of pregnancy?







Archived Questions

Q: What is the general tenor of the law regarding obtaining a state-court injunction in the event of a labor dispute?

Q: In light of recent U.S. Supreme Court cases favoring FAA-governed arbitration, has your state erected any special barriers to the enforcement of arbitration agreements?

Q: Are there special rules in your area governing domestic household employees, beyond what the FLSA requires?

Q: In your state/province are there special rules governing when a company can require an applicant to undergo pre-employment training without compensation?

Q: In your state or province, what industry seems to have the most issues with independent contractors?

Q: In your state or province, can an employer require employees to use direct deposit for pay checks?

Q: OSHA has recently promulgated its new Hazard Communication Safety Data Sheet regulations. Is anything special required in your state or province to prepare for this?

Q: What rules govern in your state or province whether somebody can be considered an intern vs. employee?

Q: Do employees have any rights to see their personnel files? If so, how must they request it and what other related steps must they follow?

Q: What needs to be included in an employee's personnel file in your state or province?

Q: What is the status of medical marijuana and the workplace in your state or province?

Q: Are there any new developments in your state or province regarding intellectual property/trade secret issues?

Q: Are there any new developments in your state or province regarding intellectual property/trade secret issues?

Q: Are there any new developments in your state or province regarding restrictive covenants?

Q: Does your state or province in any way prohibit employers from considering in employment decisions convictions or criminal activity that did not lead to a conviction?

Q: Does your state have any local areas with a "living wage" ordinance?

Q: Does your state have any laws or regulations regarding "tip pooling?"

Q: Does your state have any laws or regulations regarding "paid family leave," other than as may be required by federal law?

Q: May an employer in your state terminate an employee for engaging in lawful, off-duty conduct?

Q: What are your state's rules regarding reimbursement of employer-related expenses?

Q: Is there a bright-line rule in your state for how long an employee can remain on a leave of absence?

Q: Must an employer in your area pay for an employee's time spent on jury duty?

Q: If hiring replacement workers during labor unrest, does your area require any special notice be provided to the applicants?

Q: Is your state a right-to-work state?

Q: Does your area have any special laws governing the issuance of injunctions in labor disputes?

Q: Are striking employees eligible for state unemployment benefits? How about locked-out employees?

Q: Does an employer have to provide meal periods and rest breaks to its employees in your state/province?

Q: Can an employer in your area enforce a policy that states that employees forfeit any unused vacation if they are terminated for any reason before the end of the year?

Q: Does an employer in your state/province have overtime obligations that are different than those under federal law, e.g. double time or daily overtime?

Q: Does your state/province have any required leave-of-absence laws that are in addition to those required under federal law?

Q: What information, if any, must an employer provide to an employee as part of the employee's pay check?

Q: Must an employer in your state/province pay an employee for the time spent changing into and out of the employer-required work uniform?

Q: Are mandatory, pre-employment arbitration agreements lawful in your state/province? If so, are there any special requirements with which those agreements must comply to be lawful?

Q: Does your state/province have any laws restricting the usage of social security numbers in the employment context?

Q: Must a company provide mandatory, anti-harassment/discrimination training for employees in your state/province?

Q: If an employee has used more vacation than she has accrued, and then the employee terminates her employment, can the employer automatically setoff the excess vacation usage against the final paycheck?

Q: Must an employer provide a meal period to a non-exempt employee in your state/province?

Q: If an employee is out due to workers compensation injury, does your state/province provide any salary continuation payments from the employer?

Q: If an employee is out due to pregnancy, does your state/province require any salary continuation payments from the employer?

Q: What are the rules regarding travel pay for non-exempt employees in your state/province?

Q: An employer wants to have a general rule to terminate any employee who has been out of work because of a workers' compensation injury or illness for more than 6 months. Would this be lawful in your state/province?

Q: In the event of a labor dispute, how difficult is it for an employer to obtain a court-ordered injunction governing picket-line conduct?

Q: Does your state/province have any laws by which the state attempts to regulate employers' conduct during labor disputes?

Q: If an employer appeals an OSHA citation in your state/province, how long does it typically take from filing the appeal until the appeals hearing is actually conducted?

Q: Does your state/province take any view as to private or public employers verifying immigration-related employment eligibility?

Q: Does your state/province have any requirement to use, or any prohibition against using, the ICE E-Verify program?

Q: If your state/province has a leave of absence law that is similar to the FMLA, does it allow for state family leave to run during a period of time that an employee is unable to work due an industrial injury or illness covered by state workers’ compensation laws?

Q: Must an employer in your state/province provide benefits for an employee's domestic partner -- whether same sex or opposite sex?

Q: Does your state/province have any state/provincial laws regarding leaves of absence that are similar to and/or conflict with FMLA?

Q: Can an employer in your state/province print an employee's SSN on his/her paycheck?

Q: In your state/province's courts, how long does an employer have to respond to a lawsuit once served with that lawsuit?

Q: A student wants to become an unpaid intern for an employer in your state/province. Is this legal, and are there special rules that your state/province would apply so as to avoid having this intern be considered an employee?

Q: Can an employer in your state/province legally conduct post-workplace-accident drug/alcohol test on the employee who caused the accident? On any employees otherwise involved in the accident?

Q: Does your state/province allow for rounding of time cards' in/out time?

Q: Effective Jan. 1, 2008, what are some of your state's/province's new labor and employment laws?

Q: Can employers in your state/province indemnify their employees against any award of punitive damages?

Q: Can supervisors in your area be held personally responsible for workplace discrimination? Harassment? Other workplace torts?

Q: Must employers have any written safety policies or programs that are in addition to those generally required by Fed/OSHA?

Q: Does your area have any requirement governing the issuance and/or negotiation of an employee's paycheck?

Q: What information must be included on an employee's paycheck stub?

Q: Upon an employee quitting or being terminated, when is the employee's final paycheck due?

Q: Does your area have a minimum wage that differs from the present, federal minimum wage? Also, do some cities have even higher minimum wages, e.g., local "living wage" statutes?

Q: In the event of a workplace accident, what is your area’s OSHA-reporting rule?

Q: Are there rules authorizing an employer to deny commission payments if the salesperson is no longer employed with the company?

Q: Are there rules regarding when commissions, once earned, must be paid?

Q: Can an employer lawfully issue a fraternization policy that prohibits married individuals from supervising one another?

Q: Upon the exhaustion of an employee’s FMLA leave and the employee’s need to continue on a workers’ compensation leave, can an employer trigger COBRA or must the employer continue to provide group health benefits?

Q: Can employees in your area secretly tape record conversations in the workplace? If “no,” what remedies are available to the employer?

Q: Does your area have any equivalent to the ADA? If so, please summarize any key differences with the ADA.

Q: Does your area have any state/province equivalent to WARN? If so, please summarize any key differences with Fed-WARN.

Q: Under what circumstances are employees who quit eligible for unemployment benefits? And, under what circumstances are employees who are fired eligible for unemployment benefits?

Q: Does your area restrict the scope of third parties who can conduct employment-related investigations, e.g., sex-harassment investigations can only be conducted by licensed investigators or attorneys?

Q: Does your area regulate the use of an individual's genetic information for employment purposes?

Q: Do you have a FCRA-type statute covering background investigations? If so, please summarize.

Q: Do you have specialized requirements for separation agreements, and if so, what are they?

Q: Does your area have any state-law equivalent to COBRA? If so, please summarize

Q: Does your area permit “use it or lose it” vacation? And, must all accrued vacation be paid at time of termination of employment, regardless of the reason for the termination?

Q: What are your rules regarding employee requests for review and/or copy their personnel files and other personnel documents, e.g., timing of the request, scope of documents to review? Does the same rule apply to an employee’s attorney outside of the discovery process?

Q: Does your area have its own wage/hour laws and, if so, what is the maximum amount of time for which an employee can receive damages in the event of misclassification or failure to pay overtime?

Q: Do you have a Title VII equivalent, and if so, what are its distinguishing requirements and/or liabilities?

Q: What are your state's rules regarding reimbursement of employer-related expenses?

Q: May an employer in your state terminate an employee for engaging in lawful, off-duty conduct?

Q: Does your state have any laws or regulations regarding "paid family leave," other than as may be required by federal law?

Q: Does your state have any laws or regulations regarding "tip pooling?"

Q: Does your state have any local areas with a "living wage" ordinance?

Q: Does your state follow the FLSA and allow employers to create a "bona fide profit sharing plan" for which the additional compensation need not be added to an employee's regular rate of pay?

Q: Are striking employees eligible for state unemployment benefits? Locked-out employees?

Q: Does your state have any special laws governing the issuance of injunctions in labor disputes?

Q: Is your state a right-to-work state?

Q: Are mandatory, pre-employment arbitration agreements lawful in your state? If so, are there any special requirements with which those agreements must comply to be lawful?

Q: Must an employer in your state pay an employee for the time spent changing into and out of the employer-required work uniform?

Q: What information, if any, must an employer provide to an employee as part of the employee's pay check?

Q: If hiring replacement workers during labor unrest, does your state require any special notice be provided to the applicants?

Q: Does your state have any required leave-of-absence laws that are in addition to those required under federal law?

Q: Must an employer in your state pay for an employee's time spent on jury duty?

Q: Does an employer in your state have overtime obligations that are different than those under federal law, e.g. double time or daily overtime?

Q: In your state, can you require an employee to sign a non-competition agreement as a condition of continued employment?

Q: Can an employer in your area enforce a policy that states that employees forfeit any unused vacation if they are terminated for any reason before the end of the year?

Q: Does an employer have to provide meal and rest breaks to its employees in your state?