Question of the Month

Current Question

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

A: Response:

 

Archived Questions

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?

 

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