Wow.. I recently had the most amazing vacation!  The first time in years I took a vacation without checking my work-related emails, or phone calls.  No cell phone, no laptop.  It did me such wonders, that I was able to be more present to my environment when I returned to working with my clients.  I noticed how many folks around me had not taken vacation….   So I did a little Google search and found that since many people are struggling with their finances these days, they’re foregoing vacation due to fears of losing out on important work assignments or possibly even losing their jobs altogether.  Besides, many of us fear that in our absence, someone else will try to take our place. 

Not only did this news sadden me for those poor souls who really need a break, but it also worried me for employers trying to figure out how to comply with wage and hour laws regarding unused vacation time.  Must employees be compensated for unused vacation time?  Can vacation time roll-over to the following year?  Can employers cap the total hours of vacation time that may be accrued? 

Since you are my favorite readers… I figured I’d give you some answers to the above questions!  The answer is…. it depends.  I  know, I know… you hear that a lot when it comes to the law.  But in this case, its very true.  To a large extent, state laws vary regarding vacation compensation due to employees.  Generally, there is no legal mandate to even provide for vacation time or vacation pay – rather it is considered to be a matter of agreement between the employer and the employee.  But there is a catch…  Most state laws provide that once an employer has made an “agreement” with employees to provide vacation time/pay (even sometimes if only by virtue of an employment policy or provision in an employee handbook regarding vacation time/pay),  then state law steps in to govern whether/how that vacation time may accrue, whether it can be cashed out, etc.   I can tell you one thing for sure – violations of wage and hour laws can subject an employer to expensive lawsuits from disgruntled employees.  In this area, as in many employment topics, it pays to have good legal counsel help an employer draft and execute good vacation time and vacation pay policies. 

Click here to learn more about the laws on vacation time and vacation pay in your state:   List of All State Labor Offices

On July 24, 3009, the federal minimum wage increased to $7.25 per hour.  This increase is the last of three provided by the Fair Minimum Wage Act of 2007.  Many states also have minimum wage laws, however where the employee is covered by both state and federal law, the employee is entitled to whichever is the higher minimum wage.  As a result, all employees covered by the Fair Labor Standards Act must be paid at least a minimum of $7.25 per hour.  Also, employers must post a revised Federal minimum wage poster in their places of work.   You can download the revised FLSA poster by clicking here. 

Now, there are some exceptions to the minimum wage provisions of the law, though the exceptions tend to be pretty narrowly defined.  Employers should check with legal counsel regarding properly classifying employees and properly compensating them.  Violations of wage and hour laws, even if done accidentally, can result in serious penalties.  For more information about wages and hours, speak to a labor and employment attorney who can advise you about your legal options.

Wildfires again in the news…    Reminds me of a recent fire scare at a local business here in San Diego.  The company conducted evacuation procedures in accordance with its policies to protect employees from possible injury from a fire hazard.  With the recent fires in the news, I can’t help but wonder how many employers actually understand their legal obligations when it comes to fire safety. 

Under the law, employers are responsible for providing a safe and healthful workplace for their employees – one that is free from hazards likely to cause death or serious physical harm.  With regard to fire safety, OSHA regulations require employers to comply with hazard-specific safety and health standards as issued and enforced either by the Occupational Safety and Health Administration (OSHA) or by an OSHA-approved State Plan. Employers can be cited for violating these laws and regulations if there is a recognized hazard, and they do not take reasonable steps to prevent or abate the hazard.

The problem, though, is that many employers don’t know how to comply with OSHA regulations… or, worse, don’t even know there are rules they’re required to follow!  That’s where I can hopefully help!  OSHA publishes various manuals to help businesses understand their obligations with regard to workplace safety.  While not the official rules, the guides can help businesses in their compliance efforts.  I’ve provided OSHA’s manual regarding Fire Safety below for your reference.  It provides a general overview of OSHA’s fire safety standards and fire emergency protection guidelines.

This comprehensive overview manual from OSHA explains how fire service operations can be influenced by different building features and offers considerations for design professionals that can help facilitate these operations. The manual includes chapters and narratives on building and site design, sprinkler systems, standpipe systems, fire department connections, fire alarm and communications systems, as well as various firefighting systems.   To access the manual, click here.

Learn more about OSHA regulations in LawInfo’s Free Legal Resource Center.  For more information conact an OSHA attorney or a general employment attorney by visiting LawInfo’s attorney directory.

For a teenager, getting a summer job can be pretty exciting.  (I know, I know… less time at that beach or to have fun with friends, but getting a summer job typically ends up to be a pretty great experience.  Not only are you earning your first paycheck, but you’re gaining valuable experience and making contacts that will ultimately help you get your next job and so on and so forth. 

Federal and State laws govern what hours you can work, what jobs you can work and how you can help prevent workplace injuries.   

If you are under 13 or younger. . .  

• 14 years old is the minimum age for non-agricultural employment covered by the FLSA. However:
• You can deliver newspapers.
• You can work as a baby-sitter.
• You can work as an actor or performer in motion pictures, television, theater or radio.
• You can work in a business solely owned or operated by your parents.
• You can work on a farm owned or operated by your parents. (However, parents are prohibited from employing their children in manufacturing, mining, or any other occupation declared hazardous by the Secretary of Labor. ) 

If you are 14 or 15, you can work . . .  

• From June 1 – Labor Day you can work from 7 a.m. until 9 p.m., outside of school hours. 
• You can work no more than: 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, and 40 hours in non-school week.  

You can work in any capacity as shown above for ages 13 and younger.  You can also work in the following:  

• office,
• grocery store,
• retail store,
• restaurant,
• movie theater,
• baseball park,
• amusement park, or
• gasoline service station.

 You generally may not work in: 

• communications or public utilities jobs,
• construction or repair jobs,
• driving a motor vehicle or helping a driver,
• manufacturing and mining occupations,
• power-driven machinery or hoisting apparatus other than typical office machines,
• processing occupations,
• public messenger jobs,
• transporting of persons or property,
• workrooms where products are manufactured, mined or processed, or
• warehousing and storage.

 If you are 16 or older, you can work . . . 

• Any day, any time of day, and for any number of hours. There are no restrictions on the work hours of youth age 16 or older. 
• You can work in any job or occupation that has not been declared hazardous by the Secretary of Labor. 

You generally may not work in any of the following hazardous occupations: 

• manufacturing and storing of explosives,
• driving a motor vehicle and being an outside helper on a motor vehicle;
• coal mining,
• logging and sawmilling,
• power-driven woodworking machines,
• exposure to radioactive substances,
• power-driven hoisting apparatus,
• power-driven metal-forming, punching, and shearing machines,
• mining, other than coal mining,
• meat packing or processing (including the use of power-driven meat slicing machines),
• power-driven bakery machines,
• power-driven paper-product machines,
• manufacturing brick, tile, and related products,
• power-driven circular saws, band saws, and guillotine shears,
• wrecking, demolition, and shipbreaking operations,
• roofing operations and all work on or about a roof, or
• excavation operations.

Note:  Different rules apply to farms and other special industries.  Also, individual States may have stricter rules.

If you have a question or a dispute regarding a youth worker, visit LawInfo’s Free Legal Resource Center to learn more about labor and employment laws.  For assistance with a legal matter, contact a labor lawyer or an employment attorney in your area today.

If you’ve just been in an accident, or been injured by someone, you might be wondering whether or not you should hire a lawyer.  If your injuries are very minor, such as a bruise or a little embarrassment, you might not need a lawyer, but it doesn’t hurt to contact one just in case you have a bigger legal claim than you think! 

If you’ve suffered moderate to severe injuries, you should definitely consult an attorney for assistance.  Did you know that in most cases a good attorney can help you get compensation for your injuries without even having to go to court? Most personal injury lawsuits are based on good fact-finding and steadfast negotiation more so than on black-and-white laws. Attorneys know these rules and the tricks other lawyers use to try to get around them.  For instance, do you know which questions the other side can, and can’t, ask you?  Probably not…  But lawyers are trained on these matters and can raise appropriate objections when necessary to prevent you from having to respond when you don’t need to.  While this sounds simple enough, many a case has been won or lost on simple facts.  

Also, when it comes to negotiating a settlement on your own, you will almost always fare worse than if you had a lawyer’s help.  Experienced attorneys know the average settlement range for similar injuries in the courts in your area.  Also, they know how the laws would be treated in your particular case and how such circumstances would either entitle you to more or less than the average award. 

Finally – let the pros handle the process.  Lawyers know the legal process like the backs of their hands.  Usually, you don’t.   So going it alone would be like going from your neighborhood kickboxing class to the boxing championships…    While there certainly isn’t anything wrong with being an amateur, when your legal rights are at stake your odds of prevailing are best protected if you go heavyweight-t0-heavyweight. 

At the end of the day, talk to an attorney in the beginning to figure out how best to protect your legal rights. So schedule an initial consultation – most times they’re free. 

Learn more about accidents and injuries in LawInfo’s Free Legal Resource Center.

If you’re struggling with unemployment, you should know that you have important legal rights including eligibility for unemployment compensation benefits.  The idea is not only to provide unemployed persons with partial/temporary wage replacement after an involuntary job loss, but also to stabilize the economy during economic recessions.  One way of looking at the big  HUGE picture of stabilizing the troubled economy we’re in right now is to invest in our people.  President Obama recently announced just that by launching a new policy to encourage the unemployed to go back to school to get additional training and education.  This objective is reflected right on the front page of the new Opportunity.gov website: 

“Americans with more education and training have more secure jobs and higher earnings. With jobs hard to find, it may be a good time to consider going back to school.”

Under the President’s plan, unemployed workers receiving unemployment benefits may qualify for a special funding to help pay for continuing education and training.  For instance, unemployed individuals may qualify to recieve financial aid under the Federal Pell Grant program, which can provide up to $5,350 for educational costs at community colleges, colleges and universities, and many trade and technical schools. This is only one example of several federal student aid programs available to assist unemployed workers.  For more information, check out LawInfo’s free legal resource libary section on financial aid programs.

If you’re out of work and seeking more information about unemployment visit LawInfo’s Free Legal Resource Center and contact an unemployment lawyer in your area.   An unemployment attorney can assist you with obtaining unemployment compensation benefits to which you may be entitled and help you appeal a denial of benefits if necessary.

Sports attorney David Cornwell is challenging the NFL’s right to discipline players by proposing to appoint an independent arbitrator to review — and have the power to change — rulings made by the commissioner.

Cornwell, one of four finalists in the running to replace the late Gene Upshaw as the NFL Players Association’s executive director, described the league’s current disciplinary policy as being “draconian” and requiring independent oversight.

“The notion that public relations drives or justifies draconian and unfair disciplinary actions is simply misplaced and we will no longer accept it,” Cornwell told The Associated Press. “We have the legal right to negotiate these policies … and we are going to exercise that right to get independent review of the commissioner’s decisions.”

Cornwell is closely tied to the issue of discipline after he successfully argued last season to have a federal judge block the NFL suspension of five players for violating the league’s anti-doping policy. He argued that the suspensions were wrong because the NFL knew about the banned ingredient contained in the dietary supplement StarCaps but failed to share that information with players.

The league has appealed the ruling.

Currently, NFL suspensions are determined by commissioner Roger Goodell. Aside from filing grievances with the NFL, the union’s sole other option is going to court. Cornwell is proposing an appeals process that is similar to that of Major League Baseball and the NBA.

In an e-mail to the AP, NFL spokesman Greg Aiello said the league is not going to comment on proposals made by executive director candidates. Aiello, however, noted that, “The commissioner’s disciplinary authority has always been a bedrock principle of the NFL that has served everyone, including players, very well.”

Entering his third year as commissioner, Goodell has made discipline one of his top priorities.

The other three finalists to replace Upshaw, who died in August, are former union presidents Troy Vincent and Trace Armstrong, and Washington D.C.-based attorney DeMaurice Smith.

The union is scheduled to select its next boss by vote at its annual meetings at Maui on March 15.

If elected, Cornwell said he would include the issue of discipline as part of the next labor talks after the NFL last year opted out of the collective bargaining agreement.

“If the commissioner regulates player conduct, then it is a term and condition of employment,” Cornwell said. “After the StarCaps’ case and other less publicized decisions, we will fix the problem caused by no independent review of commissioner disciplinary decisions.”

Cornwell made clear that the NFL’s reputation would not suffer under his proposal.

“We will make a focused commitment on making sure that the fan understands that the vast majority of NFL players are great community citizens,” he said. “The notion that a person who has a bad event is a reflection on all of us is misplaced.”

Cornwell also proposed creating a new senior union executive position to directly address concerns of retired players in an attempt to stem a series of lawsuits and complaints against the NFLPA, and begin bridging a rift that has grown between the two sides.

The person taking over the new position of special adviser for retired players would report directly to the executive director, Cornwell said.

Cornwell re-entered the executive director election process after gaining the written support of three of 32 player representatives, as allowed under union rules to place a candidate on the ballot. He had been previously eliminated as a finalist by the union’s search committee in January.

Garment workers, manufacturers and small-business owners gathered in front of Macy’s flagship store in New York Tuesday to protest a new anti-lead law they say will cut their jobs and devastate wide-spread retail profits.

The Consumer Products Safety Improvement Act of 2008 requires that all items sold for use by children under the age of twelve, including clothing, toys and other products, must be tested for lead. Congress passed the act after the U.S. recall of millions of lead-containing toys imported from China.

But this new act does not come without major concerns. Tuesday’s protest was organized by the Coalition for Safe and Affordable Childrenswear, which represents hundreds of manufacturers and family business workers. The coalition says the new rules would cost thousands of jobs and drive companies out of business.

Coalition members said manufacturing practices have already changed to comply with the new law, but they are asking Congress to ease a provision that will retroactively force them to pull $500 million worth of possible lead-containing products from shelves.
In passing the act, Congress had asked the Consumer Product Safety Commission (CPSC) to come up with specific methods on how and by whom products should be tested and certified to be lead-free. But the coalition says up until now, there have been no definitive regulations set in place to execute this.

“Until regulations are set in place on how to do the testing and certify that something is lead-free, retailers won’t risk putting anything on their shelves that could contain lead, thereby halting the demand for thousands of products, and cutting manufacturing jobs in the process,” a spokesperson for the coalition said.

Steve Levy, of Star Ride Kids sportswear, said the coalition is not asking for special treatment or government bailouts. “All we are asking for is some common sense. At the exact moment when Congress is debating a $900 billion economic rescue bill, it should be looking for every opportunity to create jobs, not kill them.”

It is true that the economy is facing its worse financial crisis in history, and that every job this country can sustain is critically important. However, what is the lesser of two evils in this situation? Keeping jobs and businesses afloat, or keeping health regulations in check and making sure toxic products do not end up in the hands of our children? Although it is clear that the coalition, Congress, and the CPSC all want to arrive at a place where lead-containing products are not released into the marketplace and manufacturing jobs aren’t threatened in the process, until that time, whose side are you on?

For more information on the Consumer Products Safety Improvement Act of 2008, visit the CPSC. To learn more about the Act’s predecessor, the Consumer Product Reform Act of 2007, click here, or visit LawInfo’s free legal resource center for more CPSC legal news.

Food manufacturer Kellogg Co. has asked stores to stop selling its peanut butter sandwich crackers until the company can figure out if their peanut paste is connected to a recent outbreak of salmonella that has sickened more than 430 people in 43 states and is responsible for five deaths.

Kellogg acquires some of its paste from Peanut Corp. of America, which has recalled 21 lots of peanut butter made at its plant in Blakely, Ga., because of possible salmonella contamination. While not issuing a recall, Kellogg asked stores nationwide to remove the crackers sold under its Austin and Keebler brands until an investigation into Peanut Corp. has been completed. So far, no problems linked to these products have been reported.

“We are taking these voluntary actions out of an abundance of caution,” Kellogg CEO David Mackay said in a news release.

FDA officer Sandra Williams said Kellogg’s decision to pull their products is known as a “stop-sale order” and isn’t as serious as a recall. Williams did not comment on how many units of crackers would be pulled, but said, “It’s a very large volume.”

Kellogg spokeswoman Kris Charles said that the company is only concerned with products containing paste acquired from Peanut Corp. and not about any other products that contain peanut butter, such as cookies, because they do not use products from Peanut Corp. in their production and do not make them at the same plant.

While no additional consumer action is necessary at this time, consumers with questions or who would like a product refund can call the Kellogg Consumer Response Center at 888-314-2060. For more information, visit http://www.fda.gov/oc/po/firmrecalls/kellogg01_09.html.

On January 1st, 2009, laws mandating stores sell only cigarettes that are slow-burning and comprised of fire-safe paper went into effect in Delaware, Iowa, Oklahoma, Pennsylvania and Texas. Fifteen other states have laws that will take effect this year or next, according to the Coalition for Fire-Safe Cigarettes.

The paper on these cigarettes is thicker in two separate areas so they will extinguish (if not puffed) when they burn to these spots. This was designed to prevent fires caused by unattended cigarettes. It is estimated that about 800 Americans die each year in fires caused by careless smoking.

“There has been a rash of smoking materials deaths,” Oklahoma Fire Marshal Robert Doke said Monday. “A cigarette will fall into overstuffed furniture or mattresses when people fall asleep, or it rolls off an ashtray and on to the carpet, then the possibility for ignition happens. This cigarette is supposed to snuff out before it can cause enough heat to start a flame.”

States that have already implemented fire-safe cigarette laws are New York, Vermont, California, Oregon, New Hampshire, Illinois, Maine, Massachusetts, Kentucky, Montana, New Jersey, Connecticut, Maryland, Utah, Alaska, Rhode Island and Minnesota, as well as the District of Columbia. Idaho, Indiana, Kansas, Colorado, Arizona, Washington, Louisiana, Hawaii and Wisconsin have laws that take effect this year. Florida, Georgia, North Carolina, Tennessee, Virginia and South Carolina have laws that will take effect in 2010.

A New Year brings new laws across the United States. Some laws will have a small impact; others will be felt by thousands, if not millions of people. Some of these laws include the no-texting while driving law in California, no trans-fat in fast food restaurants law for Oregon, and a referendum that bans non-married, cohabitating couples from fostering or adopting a child in Arkansas. To find out more about the new laws in your state, simply visit your state’s home page (e.g. www.ca.gov for California, etc.)