Medesthetics

JAN-FEB 2013

MedEsthetics magazines offers business education and in-depth coverage of the latest noninvasive cosmetic procedures for physicians and practice managers working in the medical aesthetics industry.

Issue link: https://medesthetics.epubxp.com/i/101607

Contents of this Issue

Navigation

Page 28 of 82

LEGAL ISSUES Take Five When it comes to breaks for both part-time and full-time employees, there are several things to keep in mind. In California, Colorado, Kentucky, Nevada, Oregon and Washington, employees are entitled to a paid 10-minute break for every four hours worked. For employees in most states, this time is also ���gured into calculations for overtime pay. Websites of State Labor Departments Alabama alalabor.state.al.us Alaska labor.state.ak.us Arizona ica.state.az.us Arkansas arkansas.gov/labor California dir.ca.gov/dlse/ Colorado coworkforce.com Connecticut ct.gov/dol Delaware delawareworks.com District of Columbia does.dc.gov Florida ���oridajobs.org Georgia dol.state.ga.us Hawaii hawaii.gov/labor/ Idaho labor.idaho.gov Illinois state.il.us/agency/idol Indiana in.gov/labor Iowa iowaworkforce.org/labor Kansas dol.ks.gov Kentucky labor.ky.gov Louisiana laworks.net Maine state.me.us/labor Maryland dllr.state.md.us Massachusetts mass.gov/eolwd Michigan michigan.gov/lara Minnesota doli.state.mn.us Mississippi mdes.ms.gov Missouri labor.mo.gov Montana dli.mt.gov Nebraska dol.nebraska.gov 24 JANUARY/FEBRUARY 2013 | MedEsthetics Nevada laborcommissioner.com New Hampshire nh.gov/labor/ New Jersey lwd.dol.state.nj.us/ New Mexico dws.state.nm.us New York labor.state.ny.us North Carolina nclabor.com North Dakota nd.gov/labor Ohio com.state.oh.us Oklahoma ok.gov/odol/ Oregon oregon.gov/boli Pennsylvania dli.state.pa.us Rhode Island dlt.ri.gov South Carolina llr.state.sc.us South Dakota sd.gov/ Tennessee state.tn.us/labor-wfd Texas twc.state.tx.us Utah laborcommission.utah.gov Vermont labor.vermont.gov Virginia doli.virginia.gov Washington lni.wa.gov West Virginia wvlabor.com/newwebsite/pages/index.html Wisconsin dwd.state.wi.us Wyoming wyomingworkforce.org/ pages/default.aspx Guam dol.guam.gov Puerto Rico dtrh.gobierno.pr Virgin Islands vidol.gov Slightly fewer than half the states require a 30-minute unpaid lunch break if employees work a minimum of ���ve or six hours a day. Earlier this year, the California Supreme Court found in favor of employers in how lunch breaks are administered. Prior to the case, states put the onus of keeping employees from working during a lunch break on the employer. The recent court case stipulates that employers do indeed have to provide a meal break, but they do not have to monitor what the employee is doing while on that break. In Delaware, employees who work a minimum of 7�� hours a day receive a 30-minute unpaid lunch break. Minors in that state get their break after only ���ve hours. There may be additional rules governing minors in your state, so be sure to clarify this with your state���s labor department. Bene���ts and Pay Bene���ts���such as health care, vision care, dental, vacation, sick time, gym memberships and so on���are often important recruiting tools and have also been shown to increase employee retention. However, there are no federal laws requiring employers to offer those same bene���ts to part-time workers. Your practice may choose to extend these bene���ts to your parttimers as a sign of appreciation for their efforts, but it is not a federal requirement. The only exception is if your practice provides a retirement or pension plan. The Employee Retirement Income Security Act dictates that if an employee works 1,000 or more hours in a calendar year, that employee should be offered the same pension plan that full-time employees receive. Otherwise, it is entirely up to you which bene���ts you provide to part-time associates. Typically, part-timers are paid on an hourly basis and are not eligible for overtime pay. However, part-time employees in certain states���such as Alaska, California and Colorado���may be entitled to overtime pay if they work more than a certain number of hours in a single day, even if they work only one day a week. In order to ensure that you are respecting state and federal laws, excellent recordkeeping is a must (see "FLSA Recordkeeping" on page 26 for the minimum requirements). Maintain your documentation in a central �� ISTOCKPHOTO.COM Although the de���nition of part-time status is not spelled out by the federal government, all employees���part-time and full-time���are covered by U.S. laws concerning child labor, safety, work-related injuries, harassment and discrimination. In addition, employees who work more than 1,250 hours in a year are eligible for leave under the Family Medical Leave Act. Your state may also have additional regulations that go beyond what the federal rules mandate.

Articles in this issue

Links on this page

Archives of this issue

view archives of Medesthetics - JAN-FEB 2013