Kathy White, Esq.

It’s Election Day around the country.  Does the law in your state require employers to provide employees with either paid or unpaid time off to vote? States with Unpaid Voting Leave Laws A number of states require employers to provide employees unpaid time off from work to vote.  The amount of leave varies by state. Read more

Assessing the Work Environment Although the recent spread of the Ebola virus is capturing national headlines, most workers in the U.S. are unlikely to encounter virus.  That said, the law requires employers to provide their employees with working conditions that are free of known dangers.  Workers who interact with people, animals, goods, and equipment arriving Read more

Misclassification is the practice of incorrectly labeling workers as independent contractors rather than employees.  Because independent contractors are by definition are self-employed, their employers often escape many of their responsibilities under employment, labor, and related tax laws and deprive workers of the protections of those laws. In recent years, the US DOL has been combating Read more

Twice a year the U.S. Department of Labor (DOL) announces matters it plans to consider in the coming months and years.  Acting on a Presidential directive, the DOL last spring announced plans to consider regulations regarding overtime for “white collar” workers under the Fair Labor Standards Act (FLSA).  The announcement, included in the Semiannual Regulatory Read more

The Hawaii Department of Labor and Industrial Relations (DLIR) has updated the state Unemployment Insurance labor law posting.  The update includes new claims process and benefits payment information.  The notice explains: additional online and in-person claim filing options creating an online account with a valid email address benefits payments must received by direct deposit. For Read more

Some employers and their workers might find it surprising to learn that in most states unpaid interns, unpaid trainees and volunteers are not covered by state harassment and employment discrimination laws.  This exclusion is slowly changing. Protected Status California recently became the fourth state to pass a law (CA AB 1443) that protects unpaid interns, Read more

The U.S. Department of Labor (DOL) has issued final regulations implementing the provisions of Executive Order 13658 that raises the minimum wage federal contractors are required to pay workers on covered contracts.  Specifically, the Executive Order: raises the minimum wage for workers on federal service and construction contracts to $10.10 per hour beginning January 1, Read more

Employers are increasingly using sub-contractors, temporary staffing, leased employees and independent contractors to supplement or, sometimes, replace their regular workforce.  This workforce is especially attractive in California where labor costs run high.  Until now, using a “labor contractor” to supply California workers for a “client employer” usually protected such employers from liability for the payment Read more

Ohio minimum wage workers will soon see a boost in their paychecks.  Effective January 1, 2015, the minimum wage rate for most workers will increase from $7.95 per hour to $8.10 per hour.  The minimum wage rate for tipped employees will increase from $3.98 to $4.05 per hour.  Although the state minimum wage applies to Read more

Montanans earning minimum wage will see an increase in their pay from the current rate of $7.90 per hour to $8.05 per hour beginning Jan. 1, 2015.  State law requires the minimum wage rate to be adjusted each year for inflation. The minimum wage increase will have the greatest impact on the accommodations and food Read more