Career Paths for Youth Workers?

Q. Do you know of any information for youth about different career paths?

A. Yes. Career Information for Kids from the Bureau of Labor Statistics (BLS) gives information about various careers and their educational requirements. It is written for a youth audience and includes information on careers based on interests, such as building and fixing things, music and arts, money, computers, nature, science, writing, law, helping people, and more. It includes pay statistics, ways to prepare, and projections for future trends. It's interesting for the young at heart and older folks too!

Teen Summer Job Safety Tips?

Q. My teenager has his first job in a restaurant this summer. Do you know of any safety tips for youth summer jobs?

A. Yes. Many teens' first work experience is in the restaurant industry. Restaurants and other eating and drinking businesses employ 11.6 million people in the United States. Nearly 30% of these employees are under 20 years of age.

OSHA is providing an eTool to help youth working in the restaurant industry to be safe and healthy on the job. This eTool* describes common hazards and potential safety solutions for teen workers and employers in the restaurant industry.

It also provides safety tips for youth working construction jobs, landscaping, life guarding, parks & rec, and farm work.

Source: Occupational Safety and Health Administration

Part time or full time for WARN Act?

Q. I think my company is getting ready to do a mass lay off. I understand I may have rights to receive a notice. How do I determine whether I am considered a part-time worker for the purposes of WARN?

A. If a plant closing or mass layoff occurs, part-time workers may be entitled to receive a WARN notice. Check out the Department of Labor's elaws Warn Advisor for more information on how to determine if you are a part-time worker and if the WARN Act applies to you.

When and what hours can young employees work?

Q. When and what hours can young employees work?

A. Under the Fair Labor Standards Act (FLSA), the minimum age for employment in non-agricultural employment is 14.

The FLSA does not limit the number of hours or times of day for employees 16 years old and older.

Hours worked by 14- and 15-year-olds are limited to:

Non-school hours;

3 hours on a school day;

18 hours in a school week;

8 hours on a non-school day;

40 hours in a non-school week; and

Hours between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m.

Youth 14 and 15 years old enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in school weeks and 3 hours on school days, including during school hours.

An example of a WECEP program description is as follows: A program for 14- and 15-year-old dropout-prone youth that combines paid work experience with career-oriented educational and motivational opportunities that encourage both completion of education and preparation for the world of work.

Hours standards that apply to minors employed in agriculture are described in the Fair Labor Standards Act Child Labor Bulletin for Agriculture.

However, many states have enacted child labor laws as well.

In situations where both the FLSA child labor provisions and state child labor laws apply, the more restrictive standard must be obeyed.

Source: OSHA, retrieved 5/21/09.

For more information on state labor laws, see the YouthRules! Home Page.

Related Links: U.S. Department of Labor: elaws®: FLSA-Child Labor Rules Advisor

Employment Standards Administration (ESA)/ Wage and Hour Division (WHD): Home Page

ESA/ WHD: YouthRules! Home Page

Youngest age for workers?

Q. What is the youngest age at which a person can be employed in the US?

A. The Fair Labor Standards Act (FLSA) sets 14 as the minimum age for most non-agricultural work.

However, at any age, youth may:

deliver newspapers

perform in radio, television, movie, or theatrical productions

work in businesses owned by their parents (except in mining, manufacturing or hazardous jobs); and

perform babysitting or perform minor chores around a private home.

Also, at any age, youth may be employed as homeworkers to gather evergreens and make evergreen wreaths.

Different age requirements apply to the employment of youth in agriculture.

Many states have enacted child labor laws, some of which may have a minimum age for employment which is higher than the FLSA.

Where both the FLSA and state child labor laws apply, the higher minimum standard must be obeyed.

Source: US Department of Labor ELaws Advisor

When can I file an EEOC Charge?

Q. I've heard of the Equal Employment Opportunity Commission, and I understand that it's a federal agency involved with workplace discrimination laws. When can I file an EEOC Charge?

A. You can file a formal job discrimination complaint with the EEOC whenever you believe you are:

Being treated unfairly on the job because of your race, color, religion, sex, pregnancy, national origin, disability, or age 40 or older; or

Being harassed at work for any of these reasons; or

Being treated unfairly or harassed because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

This complaint is called a "Charge of Discrimination." All of the laws enforced by the EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with the EEOC before you can file a job discrimination lawsuit against your employer.

There are strict time limits for filing a job discrimination complaint with the EEOC. In some cases, you only have 180 days to report discrimination to EEOC. You have 300 days if your complaint is also covered by a state or local anti-discrimination law. These time limits are important, because in some instances they can prevent you from bringing a lawsuit in court if they are not followed.

If you are going to contact a lawyer, you should give yourself plenty of time to find a good one - as early as possible before the deadline. Your lawyer will need time to gather the information, analyze your particular case, and prepare documents for the EEOC.

If you believe you have been discriminated against or harassed at work by a federal government employer, you must follow different procedures. For information on how the process works, see the guidelines for Federal Sector Equal Employment Opportunity Complaint Processing.

Source: US EEOC

Women's Health and Cancer Rights?

Q. What is the Women's Health and Cancer Rights Act (WHCRA)?

A. The Women's Health and Cancer Rights Act (WHCRA), signed into law on October 21, 1998, includes important protections for individuals who elect breast reconstruction in connection with a mastectomy.

WHCRA amended the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act (PHS Act) and is administered by the Departments of Labor and Health and Human Services.

Under WHCRA, group health plans, insurance companies and health maintenance organizations (HMOs) offering mastectomy coverage must also provide coverage for reconstructive surgery in a manner determined in consultation with the attending physician and the patient.

Coverage includes reconstruction of the breast on which the mastectomy was performed, surgery and reconstruction of the other breast to produce a symmetrical appearance, and prostheses and treatment of physical complications at all stages of the mastectomy, including lymph edemas.

Source: U.S. Department of Labor, FAQ's About Women's Health and Cancer Rights

Assistance for newly unemployed?

Q. I was recently laid off, and I don't know where to begin to find a new job. Is there any assistance for me in Colorado?

A. Yes. Colorado Workforce Centers through the Colorado Department of Labor & Employment provide a variety of free services to assist employers and job seekers alike.

For job seekers, these services include job listings, computer & internet access, career counseling & training.

For employers, they include recruitment of workers, pre-screening & referral services, tax credits, and training reimbursement for employers.

Customers can choose either self-service or staff-assisted options to meet their employment needs. Here are a couple of links to help you get started:

Find a workforce center by CITY

Find a workforce center by COUNTY/REGION

Reverse age discrimination?

Q. I am 35 and work for a large computer software company. I recently read an article saying that in this economy lay offs might be affecting younger workers more than the older workers, because employers are afraid of laying off older workers for fear of age discrimination lawsuits. If I get laid off, could I have a claim of reverse age discrimination under federal law?

A. Not at this time. The Age Discrimination in Employment Act (ADEA) forbids discrimination against workers over the age of 40. The U.S. Supreme Court has interpreted the ADEA in a case called General Dynamics Land Systems v. Cline (2004), and decided that the ADEA does not allow for "reverse age discrimination claims." Unless the Congress changes the law, or unless the Supreme Court interprets the ADEA differently in another case, there is no federal claim for reverse age discrimination.

Sometimes state laws provide greater protections for workers than federal law. Oregon and New Jersey have allowed reverse age discrimination claims, so you may have protection under state anti-discrimination laws, depending on where you live.

What is retaliation?

Q. What is retaliation?

A. You have a right to report treatment that you believe is illegal job discrimination.

Your employer cannot punish you, treat you differently or harass you if you report job discrimination or help someone else report job discrimination, even if it turns out the conduct was not illegal, according to the EEOC.

The US Equal Employment Opportunity Commission calls this your right to be protected from retaliation.

Although you are protected from retaliation, you are not excused from continuing to perform your job or follow your company's legitimate workplace rules just because you file a complaint with the EEOC or report discrimination to others. Your employer has a right to expect you to continue to fulfill your job responsibilities.

Flu notifications?

Q. I'm a manager at a mid-sized company. An employee has the flu. I'm concerned about H1N1 flu and our possible liability. Should I notify the other workers?

A. The law requires that you keep an employee's medical information private, unless there is a need for a more senior manager to know about it. This means that you should not discuss any employee's medical information with other co-workers. The law also places strict limits on when you can ask an employee about his or her medical condition, according to the EEOC.

For more information about flu preparedness, see my previous blog post with guidelines.

Funeral Leave?

Q. Do I get paid while attending a funeral?

A: The Fair Labor Standards Act (FLSA) does not require payment for time not worked, including attending a funeral. This type of benefit is generally a matter of agreement between an employer and an employee, or the employee's representative.

Check your employee handbook to see your employer's policy on bereavement leave.

Source of FAQ: US Department of Labor

Online Help for Colorado Unemployed?

Q. I live in Colorado and recently lost my job in a lay off. I've heard that the unemployment office is swamped, and I can't get through on the phone line. Is there any help online?

A. Yes. The Colorado Unemployment Insurance Program has made additional services available online.

You may file for Emergency Unemployment Compensation, select payment methods, file a request to delete your claim, or request a new personal identification number.

Click on Unemployment Online Services for additional information.

Steps to Prevent Harassment at Work?

Q. What steps should an employer take to prevent unlawful workplace harassment?

A. The most important step for an employer in preventing harassment is clearly communicating to employees that harassment based on national origin will not be tolerated and that employees who violate the prohibition against harassment will be disciplined, according to the EEOC.

Other important steps include:

* adopting effective and clearly communicated policies and procedures for addressing complaints of national origin harassment, and

* training managers on how to identify and respond effectively to harassment.

By encouraging employees and managers to report harassing conduct at an early stage, the EEOC says employers generally will be able to prevent the conduct from escalating to the point at which it violates Title VII.

Full-time or part-time for pay purposes?

Q: How many hours is full-time employment? How many hours is part-time employment?

A: The Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA.

Source of FAQ: http://www.dol.gov/elaws/faq/esa/flsa/014.htm-->

Remember that other laws may define part time status, such as the WARN Act.

Retaliate for Reporting Safety Violations?

Q: Can I be punished or discriminated against for exercising my rights under the Occupational Safety and Health Administration (OSHA)?

A: The OSH Act and other laws protect workers who complain to their employer, union, OSHA or other government agencies about unsafe or unhealthful conditions in the workplace or environmental problems.

You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you have exercised any right afforded to you under the OSH Act. Help is available from OSHA for whistleblowers.

But complaints about discrimination must be filed as soon as possible – within 30 days of the alleged reprisal for most complaints.

Source of FAQ: http://www.osha.gov/dit/faq/faq7.html-->