'MEDICAL-LEAVE CHANGES WILL AFFECT EMPLOYERS'

(Capitol Media Services/Arizona Business Gazette) -- Capitol Media Services reports that "some new changes in federal law will require employers to provide free time off to workers in more situations." According to the story, Attorney Jennifer Keyser, "whose law firm specializes in labor law, warned that companies that don't alter their policies to comply could find themselves in hot water." The Family Medical Leave Act (FMLA) already required employers with at least 50 workers to grant 12 weeks of unpaid leave during any 12-month period under certain circumstances, such as the birth of a newborn. A new change to the FMLA "allows a worker to take up to 26 weeks off to provide care for a veteran family member who is undergoing treatment for a condition that stems from their military service. ... The condition has to arise within five years after discharge." "People need to start reviewing their policies to be sure they're compliant with the new law," Keyser said. "The problem is, we have no direction on what being compliant means."
See more at <http://www.azcentral.com/business/abg/articles/2009/11/12/20091112abg-leave1112.html>

'LAWSUITS QUESTION AFTER-HOURS DEMANDS OF EMAIL AND CELLPHONES'

(Wall Street Journal) -- WSJ.com reports that "two recent lawsuits raise a question that many employees and employers have deliberated: Should hourly workers be paid for time spent responding to work calls or emails while off the clock?" According to the article, "The federal suits highlight the legal issues sparked by the proliferation of personal technology as well as the blurring of work and free time." The story notes that the federal Fair Labor Standards Act "says employees must be paid for work performed off the clock, even if the work was voluntary. ... When the law was passed in 1938, "work" was easy to define for hourly employees," said an employment lawyer, adding that "employers should adopt policies to regulate smart phone use outside the office," while "managers should contact employees sparingly, and make sure they are paid for responding." See the article at <http://online.wsj.com/article/SB124986371466018299.html>

QUESTION ON LABOR LAWS

Larry, I own a small business and I'm confused about labor laws when it comes to hiring minors. Could you tell me what I qualify for, and what I can and can't do?

Les

Les, we are not labor attorneys so the first thing I would recommend is that you talk with your attorney. I can however, give you the basic rules.

The U.S. Department of Labor says that a child's most important job is to get an education. Therefore, there are limits on the hours and times during the day that a minor can work. Here are some of the basics:

• Adolescents aged 14 & 15 can only work up to three hours on school days and eight hours a day on holidays and weekends.
• They cannot work more than 18 hours per week while school is in session.
• They cannot start work before 7am, or work past 7pm.
• During the summer, they can work until 9pm.
• There are no hour restrictions on 16 & 17 year olds because most state laws only require school attendance through the age of 16.

This is just the tip of the ice burg. There is certain equipment that children are not allowed to handle. State law may also be more rigorous than Federal law in certain areas. This is why it is important to talk with your attorney.

I hope this information is helpful.

Larry Kopsa CPA

CONGRESS IS CONSIDERING REQUIRING BUSINESSES TO PROVIDE PAID SICK LEAVE

(U.S. Chamber Magazine) -- USChamberMagazine.com reports that "small businesses are facing a new federal mandate of 'unprecedented scope' if a bill requiring employers to provide annual paid sick leave passes Congress and is signed into law, according to a former administration official testifying on behalf of the U.S. Chamber of Commerce. Victoria Lipnic, Assistant Secretary of Labor for Employment Standards in the Bush administration, says the bill, known as the Healthy Families Act, would hit small companies at a 'time of severe economic distress when businesses are doing everything they can to preserve jobs.'

Lipnic pointed to a February 2009 report by the U.S. Bureau of Labor Statistics, which found that 83% of workers in the private sector have access to some form of illness leave."

According to the story, the bill would require employers with 15 or more employees to provide up to 7 days of annual paid sick leave for full-time and part-time workers to take care of themselves, family members, or anyone else whose close association with the employees is the equivalent of a family relationship. Leave would also be available for reasons related to domestic violence. Workers would earn 1 hour of leave for every 30 hours worked, up to a maximum of 56 hours per year.

See more at <http://www.uschambermagazine.com/content/090615z.htm>