Sunday, December 9, 2012

Important Contents of Labor Law Posters




Compliance Posters are mandatory for every employer to post within the facility where every employee should be able to access the information provided in these posters. These Labor Law Posters have the information which describes the rights of the employees at their work place. There are different topics which will be covering the issues related to employee safety as well as health and other rights of the employees. The contents of the Labor Law Posters will be changed according to the nature of the business. There are specific reasons for different labor laws for different businesses. As you know that the working conditions differ from industry to industry. For example working environment of a big Software House and a Steel Mill will be pretty different from each other. Safety and health related issues will be varied according to the industry.
When you are going to get the compliance posters from any source, you need to make sure that the content of the posters must be very clear and understandable for the employees. The business owners must be clear on this point that they are required to display the both State and Federal Labor Law Posters at their work place. Displaying the both posters is mandatory otherwise the authorities can charge a fine to business for not displaying the posters. There are different topics which are described by the posters such as the rules and regulations related to the following.
  • ·         Discrimination for the employees at workplace
  • ·         Any kind of Harassment which may be experienced by the employees
  • ·         Injuries which can happen to the employees during their work on job
  • ·         Safety and Precautionary measures
  • ·         Health related guide and protection plans as well as the rights of employees
  • ·         Information related to Insurance Benefits in case of Unemployment
  • ·         Minimum Wage
  • ·         Contact Numbers to call in case of emergency
All the information, rules and regulations related to above topics must be displayed in the facility for employees.
Every employer regardless of the business industry is bound to exhibit IWC (Industrial Welfare Commission) Wage Order. Industrial Welfare Commission is an authority to define the rules and regulations regarding the wages, working environment, work schedules, working hours and etc in accordance with different industries and occupations. Hence the IWC Wage Order will be containing all this information which is necessary to be acquired by the employees. Also the labor laws can be changed on regular bases by the State and Federal Authorities or Legislative Institutions. This is why business organizations are required to keep posting the most recent information through Compliance Posters.
You can expect the most frequent changes in some of the laws such as Minimum Wage, Safety as well as health requirements and other labor laws. This is the reason that you need to get the updated information to post on your compliance posters. It is not a difficult job to find out the updates being introduced by the legislative authorities as you can go online and browse through the websites of state and federal governments anytime. It is recommended that you should have compliance posters which have been revised by some Law Professional.

Sunday, December 2, 2012

Law blog: Why employers should care about bullying

Source From: http://www.odt.co.nz/news/business/237569/law-blog-why-employers-should-care-about-bullying

Bullying hurts. Most know the sting of a hurtful jibe or playful punch. Being teased as a child forced me to grow a thick skin. I don't wince if someone calls me freckle face any more. But it becomes more sinister when adults are involved; especially at work where many of us spend most of our waking day. 

Why should employers care?
Because it pays to. Bullies harm people, productivity and ultimately the bottom line. Like any unidentified hazard, bullies cause casualties before you even know they exist. An employer can no longer pretend that hurt feelings won't cost them financially. 

An employee may raise a personal grievance (PG) for unjustified dismissal even if they have resigned because of a bully - an employee forced to resign because their employer failed to take their concerns seriously can claim they have been constructively dismissed. The Labour Court called this the "... wolf of dismissal in the sheep's clothing of resignation." i
 
A forced resignation could result from an employer behaving in a way that seriously damaged their employee's trust and confidence in them. An employer may undermine an employee's trust by failing to take all practicable steps to ensure their safety at work.  

Think of a situation where an employer fails to follow up a complaint of bullying behaviour causing the employee to become depressed due to work-related stress. Bullying in this sense is hazardous to your employees' health and has to be dealt with under the Health and Safety in Employment Act 1992. 

Bullying or just plain rude?
Forgetting to wish your workmate "Happy Birthday" or providing constructive criticism about an employee's performance are unlikely to meet the threshold in the absence of something more calculated or unfair. The Employment Relations Authority has accepted that bullying is behaviour that is: 

... repeated and carried out with a desire to gain power or exert dominance and an intention to cause fear and distress. This behaviour usually includes elements of personal denigration and disdain of the person subject to it. It is intended to control the behaviour or actions of its target in particular ways. 
 
Isolated incidents of rudeness are unlikely to support a constructive dismissal claim. The Labour Court stated: ... the law does not compel parties to a contract to do more than perform it and it does not require them to perform it politely, nor is this Court empowered to enforce courtesy in the workplace, no matter how desirable in that environment that quality undoubtedly is. 

Not my problem?
Clearly an employer is responsible if they bully an employee directly. But an employer is also responsible for the actions of an employee who has authority over another (such as a manager). iv An employer must also ensure that members of the public and independent contractors do not create a hazardous working environment for their staff. 

Managers with a domineering, blunt and abrupt management style shouldn't assume staff can bat it back to avoid their obligations either. It is not acceptable for a manager to expect an employee to "sling it back" even if other staff do, to keep an aggressive exchange even.
 
This is especially so if a manager goes beyond generally accepted management norms. Similarly, an employer may not be justified in readily accepting a resignation where an employee faces difficulty dealing with a well known hazard that the employer has failed to provide training on - like the aggressive dogs that Power Meter Readers might face.
 
The risk of bullying from the public can also pose a risk worth remedying. For example, Council employees have been held to have reasonably objected to wearing name badges that displayed their surnames due to their concern that displaying their surnames could enable disgruntled members of the public to track them down to their home address and confront them. vii In the case referred to, the Employment Court accepted that: 

It was not being unduly alarmist to accept that there is a reasonable possibility that they could be subjected to violence or harassment at home as a result of being identified at work by a hostile member of the public.  
  
Removing surnames from badges amounted to an "entirely practicable" step for the employer to take; the requirement to wear badges with surnames, unreasonable.
 
Dealing with it
Increase awareness of the problem posed by bullies in the workplace. Employers should start by checking that a robust and realistic policy on bullying is in place, changes consulted on, its contents regularly reviewed and that managers apply it consistently. 

Clearly identify bullying as a hazard and aim to establish a culture that treats complaints seriously and encourages employees to report concerning behaviour - whether as a witness, victim or a bully. Employers shouldn't wait until a serious problem arises before putting in place systems to deal with it.

Getting Labor Law Posters Should Not be a Hassle Anymore



If you are trying to obtain Texas Labor Law Posters, you will find it very difficult to comply with all the requirements. So you should get assistance from law experts as you can find them offering Texas Complete Labor-Law Posters (a combined state and federal Texas poster) and Texas State-Only Labor Law Posters (only complying with the state laws). State only posters should contain all the mandatory notices which are required by the state and display for the employees in the facilities at work. If you have multi cultural environment where your employees speak foreign languages and you might be visited by applicants speaking languages other than English, at least posters should be posted in Spanish as well as English. Business organizations need to keep in considerations that they should be in full compliance with federal as well as state laws and they must be posted at each and every work-site.

By posting only the Texas Labor Law Posters, organizations will be able to satisfy the obligations of the state requirements. Still, businesses need to comply with Federal labor law posting requirements through the Federal Labor Law Posters. It is not a bad idea to get the combined labor law posters which satisfies the needs of both state and federal compliance. Let’s have a quick look at the most updated facts of the Texas Labor Laws.


  • ·         Minimum wage has been increased from 6.55 to 7.25 US$ for an hour
  • ·         Minimum tipped wage is 2.13 US$ for an hour (Total should be at least 7.25 US$ for an hour)
  • ·         Employers from the most industries are not bound to give meal breaks or rest period to their employees
  • ·         State laws bound the employer to make the payments of dues on the announced payday
  • ·         Texas state law prohibits the employers to disclose the SSN (Social Security Number) to any person from outside of the organization


Employers are supposed to provide the employee with the Texas-Worker Compensation Handout even if they display the posters regarding the compensation program. This handout carries very important information related to the compensation program of workers that might be applicable to certain employees. This handout also holds information on where employees can acquire additional details and information about their compensation program which may include a hotline phone service on safety for 24/7 help. This handout should guide the employee on how he/she can launch a compensation claim so the information related to the resources must be provided on this handout. 

This was an overview of information which an employer should understand while they are purchasing Labor Law Posters for their organization located in Texas. Here is a list of notices which an employer may have to experience with Compliance Posters in Texas:


  • ·         Texas Equal Employment Opportunity
  • ·         Texas Unemployment Insurance
  • ·         Laws regarding Child Labor
  • ·         Minimum Wage according to Texas State Laws
  • ·         Hazardous Communication Act (Accordance with Texas State Laws)
  • ·         Compensation Notice for the Employees
  • ·         Payday Notice
  • ·         Ombudsman Program by Texas State Laws

Wednesday, November 21, 2012

Why Get Your Labor Poster From Labor Law Poster Services?



The United States federal government as well as each individual state authority requires that all business-owner post labor law posters in their work premises. Failure to do so can merit them legal sanctions and even financial damages. The main purpose of having these labor law posters is to protect their employees from potential employer abuse as well as to inform employees of their individual rights. And the best way of being able to obtain labor law posters for your company is through labor law poster services. So why labor law poster services?

·         Quality: It is important that labor law posters are displayed within the work site at all times. This means that the labor law poster should be able to withstand various conditions such as weathering and tearing to maintain their effectiveness. When you get your labor law posters from labor law poster services, you can obtain more durable forms such as laminated and or posters made out of hard materials. This ensures that you do not have to replace your labor law posters on a yearly basis unless there are updates or changes made in your state.

·         Updates: The good thing in getting labor law posters from labor law poster services is that you are sure to get updated labor law posters since labor law poster services are always updated. Remember, it is important that you are always updated when it comes to changes made by the state where you operate in when it comes to labor laws. Furthermore, some labor law poster services also provides additional assistance such as notifying companies of changes made in a particular labor law poster and other related labor law.

·         Safer Alternative: It is common knowledge in the United States that the federal government takes its job of implementing its labor law seriously. This means that if they find out that somehow, you do not have your Texas labor law posters updated then you will definitely be punished for it severely. However, if the labor law posters that post in your work place are obtained from a labor law poster service, then they can be held responsible for any negligence or misinformation in the content of their posters. Of course, this does not mean that you should not be vigilant in identifying such errors in the labor law posters that you obtain from their services. It still pays to make sure that everything is correct.

Though you have the option of being creative with regard to your labor law posters, it is necessary that they are effectively implemented in the work place. You can make them as colorful as you like so that they are getting the attention that they should have but if its content is not clear to your employees then you will have to change it. However, by going for labor law poster services, you need not go through that trouble. There are also some companies who offer custom designs which you can utilize to fit your company.

Wednesday, November 14, 2012

Purchasing and Displaying California Labor Law Posters in the Workplace


California has its own set of rules and regulations when it comes to labor. Therefore, the United States Department of Labor has its own set of California Labor Law Posters. These are available on the U.S. DOL website, or through private companies. While the Department of Labor manages these posters at no charge, the private companies charge for ‘packets’ of required posters. Considering most are only $30 per packet, it’s sometimes worth it to get the complete set at once.

In the private sector, the bundled California Labor Law Posters come in a variety of languages. They also come in a mixed variety. This is important because depending on the work environment, one or more language may be required for posting. The most important thing, however, is that these bundles cover the most up to date versions of all required posters under federal law. This will include OSHA, federal, and state regulations.

Here are some of the important California State Labor Laws that come in these bundled packages. You will receive notices regarding Minimum Wage, Discrimination, Unemployment, OSHA, and Paydays. Some insurance requirements are also included, such as Unemployment Insurance, State Disability Insurance, and Worker’s Compensation. Some medical posters are required and these packets include Family Rights Act (better known as Family Medical Leave Act or FMLA), California Health and Safety Protection, Smoking Policies, Access to Medical and Exposure Records, and the California No Smoking Poster. Other State level posters include Time Off to Vote, Emergency Phone Numbers, and the Whistle Blower Protection Act.

In addition to the California State Labor Law Posters, these bundled packets also include many of the required federal law posters. These include the Equal Opportunity Employment Law, Federal Minimum Wage, Uniform Services Employment and Reemployment Rights Act, and OSHA. Other lesser known but equally important federal posters are FMLA, Anti-discrimination, Employee Polygraph Protection Act, and Withholding Notice. These are still vitally important to the legal protection of employers and employees alike.

California law, above and beyond most other states, actually requires that the employer fill out key points on some of their California State Labor Law Posters. For example, on the Worker’s Compensation Labor Law Poster you must fill in the name of your Insurance Company and your Account ID with that carrier. The Paid Disability Leave Act Poster must have contact information for the Human Resources person responsible for this notification. On the Emergency Information Poster you must enter local Fire and Rescue names and addresses, as well as hospitals, police, OSHA, and doctor’s offices. Along with that, the Access to Medical and Exposure Records Regulation Poster must show who is responsible for maintaining the records regarding employees’ files, and the location where these files are stored. Finally, on the Pay Day Notice Poster, the day/date and frequency of payments must be updated regularly, or with any changes.

Most of the sites offering these bundles also have other bundles such as Sexual Discrimination packets and OSHA packets. Remember, it’s best to get at least one packet for each language spoken in your establishment.

Sunday, November 4, 2012

Why Is It Important For Companies To Post Compliance Posters?


It has been a long time now since the concept of slavery has been largely rejected by the world. The truth is that, throughout the world, the process of winning the freedom that many people now enjoy took time and the United States is no exception. There was a time that the southern part of the United States imported and enslaved hundreds of thousand people from Africa. It was not until the year 1865, and after four bloody years of civil war, that slavery was completely abolished within the United States. This event is commemorated by people to this day to remind everyone that each individual is entitle   to the same rights as everyone else, irrelevant of race .

The United States federal government, to be able to continuously reinforce this ideal, established laws to protect every employee in every state from the possibility of being abused by employers. The department of labor was assigned the Occupational Safety and Health Administration which requires business-owners to post compliance posters. These posters will serve to inform and continuously remind every employee about the benefits and rights to which they are entitled. This will also protect them from potential abuse by their superiors at work. Any business owner who does not comply with these requirements will face sanctions, the severity of which being dependent on the gravity of the violation. For them, the employer, to comply, they must have to make sure to do the following:

       Post Everywhere: This means that the labor law posters should be visible to everyone in the premise of the office. These compliance posters should be posted in areas which are often frequented by employees such as bathrooms, cafeterias and locker areas. The logic behind this is that because employees frequent these locations it will be easier for them to have access to the information they should be aware of.

·         Every Floor Should Have These Posters: These compliance posters should not just be posted on one floor, but rather on every floor of the building. This increases the chance of people being more aware of their rights and their benefits. In addition it is not enough for them to be posted   in the operations area, but in the parking area as well.

·         Company Website: In addition, compliance posters should not be limited to being posted in physical structures. With the internet being utilized by almost every person in the world it is important that business owners make compliance posters easily accessible through their company website. This works in the company's best interest because by implementing these requirements it lets the potential employee applicant know that they are dealing with an honest employer.

Any form of abuse being engaged in by an employer is punishable and only by being aware of your rights can be avoided. By putting up compliance posters in your company it shows that you the employer are conducting an honest business. This can improve your reputation and while meet your responsibilities as an American business owner.