(Published October 12, 2009)
One of the things I find myself repeating endlessly is, "Check your state laws." We all know that state law can vary from federal law, but every once in a while I run into a state law that is somewhat unique even from other states. It was suggested to me recently that I make a list of a few of these laws. Hopefully if you are in the state in question, I'm not telling you anything you don't already know, but who knows? It might be useful if you open up a branch, or hire a salesperson, or have a new client who needs on-site work, in a state other than your own.
I came across this one only recently. We all know, or should know, that federal law gives employers the right to dock exempt employees' salaries only in very limited circumstances. One of those circumstances is when they have used all their available sick time (yes, I'm simplifying). But in New Hampshire, an employer cannot dock an exempt employee for illness at all, unless the Family and Medical Leave Act (FMLA) applies. The state law covers most of the other situations that federal law covers, except for illness. (NH 275:43-b)
One of the most unusual laws I've ever run across is a law in South Dakota that allows employers to hold an employee's final paycheck until the employee has returned all of the employer's property. This is not to say that the employer can take their time about it; if the property is not returned until after the pay would normally be due, it must be paid as quickly as possible after the property comes in. But for the state to give an employer permission to hold the check? That's rare. (SD 60-11-10)
There are quite a few states that require an employer to allow their employees time off to vote. In most of those states, it's a standard block of time for all employees; between two and three hours in most cases. However, in Nevada, the amount of time the employee is allowed to take depends on how far they live from the polling place. I don't know how many employers will actually want to take the time to double check the distance between each employee's home and the location of the nearest polling place, but they might want to at least keep an eye on how much time people are taking! (NV Rev. Stat. Ann. 293.463)
States also vary in terms of categories protected under their anti-discrimination laws. The following is only a sampling; do not take this list as complete:
Political affiliation — CA, DC, NY
Personal appearance — DC
Height and weight — MI
Use of a service animal — NV, NJ, NY, PA, VA, WA
Observance of Sabbath — NY
Familial status — PA
There are others, and other states, but these were the ones that stood out for me.
State laws are changing rapidly, and it's our responsibility to know what they are!
Catherine Bannon is an HR consultant in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting practice.
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