Thursday, January 22, 2009

New Jersey Minimum Wage Has Increased to $8.50 per Hour in 2009

In the report of the State of New Jersey Minimum Wage Advisory Commission, there is new policy about the minimum wage of New Jersey. In the report, the commission clearly states that the minimum wage of New Jersey has increased from $7.15 per hour to $8.50 per hour in 2009. The new policy had been taken effect on January 1, 2009.

The Commission also recommend that the minimum wage should be increased automatically from year to year based on the increase in the consumer price index. What’s more, the Commission also recommends that a minimum cash wage requirement for tipped workers should be set up.

It should be noted that the Commission had made recommendations in the Commission’s First Annual Report in 2007 for a minimum wage increase from $7.15 per hour to $8.25 per hour. However, its recommendations never were signed into law.

Tuesday, January 13, 2009

Colorado Minimum Wage Increased to $7.28

Colorado has increased its minimum wage to $7.28 per hour from January 1, 2009.

For tipped employees, the minimum wage increased from $4.00 per hour to $4.26 per hour - no more than $3.02 can be used to offset the minimum wage.

In accordance with the Colorado Constitution, the state minimum wage is to be adjusted annually for inflation, based on the Consumer Price Index used for Colorado, and Colorado is one of about a dozen U.S. states where the minimum wage is adjusted for inflation every year.

Friday, January 09, 2009

Washington Increased Its Minimum Wage to $8.55

Washington has increased its minimum wage to $8.55 on January 1, 2009, increasing 48 cents compared with last year. The new act not only apply to non-agricultural jobs but agricultural jobs

With the updating this time, the minimum wage of Washington is still the highest minimum wage among all the states in United States.

Initiative 688, approved by voters in 1998, requires the Labor and Industrial adjust the minimum wage each year according to the changes in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers. The Consumer Price Index cover the past 12 months ending on August 31. The mentioned index went by 5.9 percent during at the end of August 2008.

Thursday, January 08, 2009

Employers May Recover Wage Overpayments

Employers may occasionally overpay their employees based on an assumed amount of hours before the employees’ actual timesheets are submitted or processed.

Under such circumstances, may the employer recover the overpayment by taking a deduction from the next paycheck? In accordance with California law, the employers usually can’t make any deductions from their employees’ wages except for certain withholdings (such as taxes) or as authorized by the employees for medical or health benefits or pension plan contributions.

However, on November 25, 2008, the Department of Labor Standards Enforcement (DLSE) confirmed that employers may generally recover wage overpayments if they meet the following conditions:

(1) The deduction cannot cause the employee to earn less than the minimum wage. The deduction may not be taken if it would cause the employee to earn less than the minimum wage. The employer can only take an amount that would keep the employee earning at least minimum wage.

(2) The deduction must be expressly authorized by the employee in writing. According to Labor Code section 300, the DLSE has explained that only when the employee has specifically and voluntarily authorized the deduction in a written form before the deduction is taken, may the employer recover the overpayment. In addition, if the employee’s timesheet reflects fewer hours than he/she was actually paid, then only when the timesheet "expressly and voluntarily authorizes a specific prospective deduction," can it be qualified as a written authorization.
The deduction cannot be taken out of the employee’s final paycheck. The DLSE says that no deduction may be taken from the employee's final paycheck. In addition, under Labor Code section 203, if such a deduction is made, the employer can be liable for "waiting time" penalties of up to 30 days’ pay.

Sunday, January 04, 2009

13 States' Labor Law Poster Update in 2009

The state of Arizona has increased its minimum wage from $6.90 per hour to $7.25 per hour effective January 1, 2009.

The state of Colorado has increased its minimum wage from $7.02 per hour to $7.28 per hour effective January 1, 2009.

The state of Connecticut has increased its minimum wage from current $7.65 per hour to $8.00 per hour effective January 1, 2009; and will increase the minimum wage again to $8.25 effective January 1, 2010.

The state of Florida has increased the minimum wage from current $6.79 per hour to $7.21 per hour effective January 1, 2009. After July 23, 2009, Florida will go by the Federal Minimum Wage of $7.25 to replace Florida's wage.

The state of Louisiana has updated their Earned Income Credit posting to include 2008 gross income reporting information effective January 1, 2009.

The state of Missouri has increased its minimum wage from $6.65 per hour to $7.05 per hour effective January 1, 2009.

The state of Montana has increased its minimum wage from $6.55 per hour to $6.90 per hour effective January 1, 2009, and will increase the rate again to $6.90 effective July 24, 2009.

The state of New Jersey has created a new, required Paid Family Leave Insurance poster (which will not replace the current NJ FMLA poster), effective January 1, 2009.

The state of New York has update its Licensure and Employment of Persons Prev. Convicted posting to reflect the requirement that employers must post a copy of Article 23-A of the correction law relating to the employment of persons with a criminal conviction in an accessible location at the workplace, effective February 1, 2009.

The state of Ohio has increased its minimum wage from $7.00 per hour to $7.30 per hour effective January 1, 2009.

The state of Oregon has increased its minimum wage rate from $7.95 per hour to $8.40 per hour effective January 1, 2009.

The state of Vermont has increased its minimum wage from $7.68 per hour to $8.06 per hour effective January 1, 2009.

The state of Washington has increased its minimum wage from $8.07 to $8.55 per hour effective January 1, 2009.

Saturday, January 03, 2009

Tips for Safe in Workplace Holiday Parties

In the workplace, employees and employers often get together to celebrate special events. If the drinks include alcohol, the potential for unfortunate consequences greatly increases. If alcohol is used improperly, it may expose employers to liability under tort, workers' compensation or other laws.

According to the National Highway Traffic Safety Administration's (NHTSA), each year employers loset more than $9 billion as a result of accidents by employees who are under the influence of alcohol. Employers should check the Liquor liability laws in their state.

Many employers are cutting back on holiday parties this year as a cost-saving measure. The U.S. Department of Labor offers a series of tips for workplace celebrations to reduce the risk for employers. These guidelines include extending the workplace substance abuse policy under any work-related situations.

There is also good news for employers. They can protect their businesses by educating employees about the harmful effects of impaired driving. By doing so, employers do more than just safeguard their business assets—they contribute to the nationwide campaign to eliminate and reduce a preventable crime and play an important part in making their communities safer for their friends and families and those of their employees.