Recently, BOLI (Bureau of Labor and Industries) updated the state meal break regulations. The Oregon BOLI issued new regulations that food servers can opt to waive their unpaid meal breaks, but not their paid rest breaks. Tipped food service workers in Oregon who are over 18 years of age may opt out of their required 30-minute meal breaks if they like.
According to the new regulations, employers cannot require an employee to waive breaks, or force employees to do so. Either the employer or the employee can revoke the waiver at any time by written notice. However, the employee can be excused from taking the meal breaks if the employer has a signed, non-revoked waiver on file.
In addition, when it would be an undue hardship for an employee to be relieved from all work duties for the 30 minute meal break, employers are permitted to always waive the required meal breaks. If employers want to use the exception, they must issue a BOLI waiver to all affected employees by March 16, 2009.
The break must be longer than 20 minutes and shorter than 30 minutes. The employee must be relieved of all work duties during the breaks. However, the law does not affect the requirement that an employee must have 10 minute uninterrupted rest breaks for each 4-hour work period.
In the U.S., there are nineteen states requiring meal breaks for virtually all employees. Oregon is one of these states. California and Illinois are also included.
Friday, March 20, 2009
Stimulus Plan Includes COBRA Subsidy
Obama administration’s stimulus plan offered COBRA subsidies and was signed into law on February 17, 2009. Many employers have questions about the subsidies. The subsidy applies beginning March 1, 2009.
The ARRA (American Recovery and Reinvestment Act of 2009) included a provision to subsidize extended health insurance coverage under COBRA for some eligible employees. These eligible employees referred to as “assistance eligible individual” (AEI) is laid off through no fault of his or her own, or is a dependent of a laid-off employee.
According to the ARRA, the COBRA subsidy does not apply to flexible spending accounts. The maximum time for each assistance eligible individual is nine months. Employee can get 35 percent of the COBRA premium. Every AEI qualifies for the subsidy. However, according to the individual tax returns, high-income individuals and their spouses will be required to repay the subsidy.
If the AEI does qualify as a high-income individual her or she may waive the subsidy voluntarily and must pay 100 percent of the COBRA premium.
The ARRA (American Recovery and Reinvestment Act of 2009) included a provision to subsidize extended health insurance coverage under COBRA for some eligible employees. These eligible employees referred to as “assistance eligible individual” (AEI) is laid off through no fault of his or her own, or is a dependent of a laid-off employee.
According to the ARRA, the COBRA subsidy does not apply to flexible spending accounts. The maximum time for each assistance eligible individual is nine months. Employee can get 35 percent of the COBRA premium. Every AEI qualifies for the subsidy. However, according to the individual tax returns, high-income individuals and their spouses will be required to repay the subsidy.
If the AEI does qualify as a high-income individual her or she may waive the subsidy voluntarily and must pay 100 percent of the COBRA premium.
D.C. Mandatory Sick Leave Rules
The controversial Accrued Sick and Safe Leave Act of 2008 have been effective in 2008 in the District of Columbia. Recently, this new act requires employers to provide mandatory paid sick leave.
The new law mandates that paid sick leave for any absences must be given to all the eligible employees working in the D.C. area. Whether mental or physical illnesses, employees must be given the paid sick leave. Also, employees must be given paid time off for what is called preventative medical care or for family care.
Recently, the DOES (D.C. Department of Employment Services) released the details to clarify some of the details of the proposed new Accrued Sick and Safe Leave Act. That may also help end some of the confusion surrounding the legislation.
Eligible workers must also have accumulated one year of continuous service and a minimum of 1,000 hours of work during the previous 12-month period. Workers were unable to start using the sick leave until February 11, 2009.
The new law mandates that paid sick leave for any absences must be given to all the eligible employees working in the D.C. area. Whether mental or physical illnesses, employees must be given the paid sick leave. Also, employees must be given paid time off for what is called preventative medical care or for family care.
Recently, the DOES (D.C. Department of Employment Services) released the details to clarify some of the details of the proposed new Accrued Sick and Safe Leave Act. That may also help end some of the confusion surrounding the legislation.
Eligible workers must also have accumulated one year of continuous service and a minimum of 1,000 hours of work during the previous 12-month period. Workers were unable to start using the sick leave until February 11, 2009.
Subscribe to:
Posts (Atom)