GET TO KNOW GINA
In addition to prohibiting discrimination based on genetic information, the
Genetic Information Nondiscrimination Act (GINA) amended the FLSA (Fair Labor
Standards Act) to provide that employers may be penalized up to $50,000 for
the death or serious injury of any employee under the age of 18 years. The penalty
may be doubled if the violation is a repeated or willful violation.
In addition, GINA raised the maximum penalty for other violations of child labor
rules from $10,000 per worker to $11,000 and increased the maximum civil penalty
(which may be in addition to the ordered payment of unpaid wages and damages)
for willful violation of minimum wage and overtime provisions of the FLSA from
$1,000 per violation to $1,100.
Also, GINA added a definition of “serious injury” to the FLSA. “Serious
injury” under the FLSA now means:
Permanent loss or substantial impairment of one of the senses (sight,
hearing, taste, smell, tactile sensation);
Permanent loss or substantial impairment of the function of a bodily member, organ,
or mental faculty, including the loss of all or part of an arm, leg, foot, hand
or other body part; or
Permanent paralysis or substantial impairment that causes loss of movement
or mobility of an arm, leg, foot, hand or other body part.
PATRICK ADMINISTRATION ANNOUNCES START OF EXTENDED
UNEMPLOYMENT BENEFITS IN BAY STATE
Potentially eligible claimants will be notified by state's unemployment division
on how and when to file for extended benefits.
BOSTON--Tuesday, July 8, 2008—Secretary of Labor and Workforce Development
Suzanne M. Bump today announced that the Commonwealth will begin notifying claimants
that they may be eligible to receive the federally-funded Extended Unemployment
Insurance Benefits that began the week of July 6th.
The Division of Unemployment Assistance (DUA) will send approximately 95,000
letters over the next several weeks to claimants who are already potentially
eligible for extended benefits outlining how and when to file for the extension
of these benefits. DUA is urging claimants to wait to receive the letters and
the detailed filing instructions.
These extended benefits, which will remain in effect through March 28, 2009,
are the result of federal legislation signed into law on June 30th. Eligible
claimants may include those who are currently receiving regular unemployment
and exhaust all benefits as well as those who previously had a regular unemployment
claim with a benefit year that ended on or after May 5, 2007 and had already
exhausted benefits.
Under the federal benefit extension, eligible individuals can collect extended
unemployment insurance benefits for up to a maximum of 13 additional weeks while
they search for work.
A special toll free number, 888-998-8418 has been established specifically for
filing Extended Benefit claims. The Patrick Administration is also extending
call center hours during this period: Monday-Thursday 8 a.m. to 6 p.m.; Friday
8 a.m. to 4:30 p.m. and phone in service on Sundays, beginning July 13th, 8:30
a.m. to 12:30 p.m. Shorter waiting times can be expected after 4:30 pm weekdays
and on Sundays.
For additional information about the Extended Benefits program, visit www.mass.gov/dua.
MASSACHUSETTS WAGE AND HOUR INFORMATION
On July 13, 2008, a new law went into effect in Massachusetts relative to wage
and hour violations.
From that that date on, every finding by a court or jury that an employer has
violated the many Massachusetts wage and hour laws will carry with it an automatic
tripling of the damages without any defense available. There is no "good
faith defense"; it was rejected by the legislature.
These state wage and hour laws include, among others: non-payment of overtime
resulting from decisions to classify employees as exempt, timely payment of
wages, Sunday and holiday pay (the so-called "Blue Laws"), classification
of workers as employees or independent contractors, and tip practices for wait
staff and service employees.
All employers should audit their practices to avoid fines.
Massachusetts minimum wage
The Massachusetts minimum wage is $8.00. You will have to post new posters.
Handbook Wording
In a recent court case an employee accessed his personal e-mail account through
the internet but used the company's laptop computer to do so. Before he left
the company he deleted the messages and used a disk fragmenter. He thought the
messages were gone. He then returned the laptop to the company.
The company hired a computer expert to conduct a thorough review from the hard
disk of the employee's communication. Though the employee thought all was well
and his messages deleted, the expert found communications from the employee
to his attorney.
The net result of the subsequent lawsuit resulted in the following language
the presiding judge said should be included in handbooks and/or policies:
Employees should be aware that communications on a company-owned computer that
were made through a private, password-protected Internet e-mail service are
stored on the hard disk of the company’s computer in a “screen shot” temporary
file. The company expressly reserves the right to retrieve those temporary files
and read them.
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