470 ARG News Letter ... With Video 's

Hello Everyone , this week lets talk about Labor Laws , Federal and Tennessee both.. I will be providing both links and info so that it's easy to read and understand.. We had a grand total of 57 check in's last week, hopefully Danny will be able to run with the net this week without radio issues, his radio shuts down on him so all be patient, I have a ARES / RACES and Sevier County Emergency Radio Service this Thursday along with our annual By Law committee meeting so I will be very busy..
Let's get started..

Some Q&A...TN
CHILD LABOR ACT Title 50-5-101 – 115

My child is 15 and wants to work. Where do I get a work permit?
The state of Tennessee does not require work permits. The minor needs to provide the prospective employer with a copy one of the following documents as proof of age; birth certificate, driver license, state issued ID, or a copy of their passport.

What is the age a child can go to work? Are there any restrictions?
In Tennessee, a minor must be 14 years of age before they can work. Some of the restrictions for 14 and 15-year-old minors are:

WHEN SCHOOL IS IN SESSION:
Can work no more than 3 hours per day
Can work no more than 18 hours a week
Can work no later than 7:00 p.m.

WHEN SCHOOL IS NOT IN SESSION:
Can work no more than 8 hours a day
Can work no more than 40 hours per week
Can work no later than 9:00 p.m.

Breaks for minors under age 18:
Any minor scheduled to work 6 hours must have a thirty (30) minute rest or meal break no exceptions.

Are these restrictions the same for 16 and 17 year olds?
No. There are no limitations on the number of hours that 16 and 17-year-old minors work. They cannot be required to work during school hours; nor can they work past 10:00 p.m. on nights preceding school days (Sunday through Thursday nights), unless their parents or guardians sign a Parental Consent Form. The Parental Consent Form would allow them to work no later than 12:00 midnight three of those nights while school is in session.

The Child Labor Act prohibits minors, whether they are 14 to 15 or 16 to 17 year olds from employment in certain occupations. A copy of the Child Labor Act may be obtained upon request. Note: State and Federal Laws conflict. Therefore, we have quoted the stricter of the two laws.

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DISCRIMINATION

How do I file a claim for discriminatory practices?

Discrimination against employees is illegal under both Federal and State law. Employers may not discriminate against an employee on the basis of the employee's race, sex, age, religion, color, national origin or disability. Claims of discrimination in Tennessee should be forwarded either to the Tennessee Commission on Human Rights in Nashville Tennessee at (615) 741-5825, or to the Equal Employment Opportunity Commission (EEOC) in Nashville, Tennessee. You may visit the TCHR Web site and the EEOC Web site.
Pregnancy Discrimination

Tennessee also has a specific pregnancy discrimination law (Tennessee Revised Statute Title 4-21-408) that prohibits an employer from discriminating against a pregnant employee. These complaints should be forwarded to TCHR or EEOC.

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EMPLOYMENT-AT-WILL

Are there any legal restrictions against firing, suspending or disciplining employees?

Tennessee is known as an "EMPLOYMENT-AT-WILL" state. Generally, this means that an employer may legally hire, fire, suspend or discipline any employee at any time and for any reason - good or bad - or for no reason at all. However, an employer may not discriminate against any employee on the basis of the employee's race, sex, age, religion, color, national origin, or disability.

Also, under the Tennessee "WHISTLE BLOWER'S LAW", the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Tennessee Revised Statutes Title 50-1-304.

There are other exceptions to Tennessee's "EMPLOYMENT-AT-WILL" doctrine. Tennessee employees may not be disciplined or discharged at-will for:
Being called to military service Title 8-33-101 thru 8-33-109
Voting in elections Title 2-1-106
Exercising right of association Title 50-1-201 thru 50-1-204
Wage garnishment Title 26-2-101 thru 26-2-410
Filing workers' compensation claim Title 50-6-101 thru 50-6-705
Being called to jury duty Title 22-4-108
(Employer must also pay the employee wages during the jury service less what the court pays.)

Employees who are fired may still apply for unemployment insurance benefits. The Tennessee Department of Labor and Workforce Development’s Unemployment Insurance Division will determine eligibility. Further information may be found under the Unemployment Insurance section of this web site.

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FAMILY AND MEDICAL LEAVE ACT - FMLA

Under the Family and Medical Leave Act, or FMLA, employers having 50 or more employees must grant medical leave to some employees in certain circumstances without the threat of the loss of their job. Questions concerning the enforcement of FMLA matters should be directed to the FMLA section of the United States Department of Labor's Web site.

Can an employee be discharged while out sick even though they provide a doctor's statement?

There are no Tennessee laws regulating terminations. If the employee feels discrimination is involved, they are referred to either the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission.

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LAST WAGES DUE DECEASED EMPLOYEE

Under certain circumstances, Tennessee law allows employers to pay to the surviving spouse or children of a deceased employee the last wages and other benefits due the deceased employee without a court order. This law may be found at Tennessee Revised Statutes Title 30-2-103

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NATIONAL LABOR RELATIONS BOARD - NLRB

Questions concerning unfair labor practices where a union is involved should be directed to the National Labor Relations Board (NLRB) at their Web site.

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Questions Concerning a PENSION or 401(k) plan

Questions concerning an employee's failure to be able to collect their pension or money from a 401(k) plan should be directed to the EBSA (formerly PWBA) section of the United States Department of Labor's web site.

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PREVAILING WAGE ACT Title 12-4-401 (Part 4)

I am working on a state-funded Prevailing Wage Project? I am performing the duties of a carpenter but not being paid the correct wages. Can you help me?
Yes. All contractors on state-funded projects are required to post the wage rate on the job-site and pay the correct rate of pay for each craft they perform.

Does the Department of Labor and Workforce Development make on-site inspections?
Yes. On-site inspections are made and employees are interviewed to see if they are being paid the correct rate for the job they are performing. We check to be sure that the wage rate is posted for all employees to verify they are paid the correct wage rates.

Who sets the prevailing wage rates?
The Prevailing Wage Commission sets the rates on highway projects every year and on building projects every other year. Both are based on a survey of each industry. For Current Highway Rates or Current Building Rates and Regions see web site.

If a contractor has not paid the prevailing wage rate, what can be done?
All claims are investigated and if violations are found, the contractor is required to pay the prevailing wage plus any back wages due.

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REQUIRED POSTERS

Does Tennessee require labor laws to be posted?
Yes. See "Required Posters" to view or for copies.

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UNAUTHORIZED DEDUCTIONS FROM PAYCHECK

Under Tennessee law deductions can only be taken out of pay if the employee has authorized it by a written statement.

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Questions Concerning Overtime, Minimum Wage, or Salaried Employees

Tennessee has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor's Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees. Further information concerning these matters may be found at the WH division of the Department of Labor web site.

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TENNESSEE WAGE REGULATION ACT Title 50-2-101

What is the law concerning payment of final paychecks to employees?
Tennessee employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 21 days from the date of their discharge or termination. Claims against an employer for late payment may be filed with the Labor Standards Division. The Tennessee Department of Labor and Workforce Development has the authority to enforce this law. You may review this law at Tennessee Revised Statutes Title 50-2-103(g)

Isn't my employer required to provide breaks and a meal period?
State law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. The failure to give a (30) minute meal or rest period is a violation of State law only. There are no State or Federal requirements for additional breaks. The Federal Law does require breaks of less than 30 minutes in duration to be paid if the employer chooses to grant such breaks. Title 50-2-103 (h)

How often must my employer pay me?
All wages or compensation of employees in private employment is due and payable at least semi-monthly and notice of regular paydays must be posted by each employer in at least two conspicuous places. Title 50-2-103

My employer has just told me he is going to cut my pay. Can he do this without my approval?
An employee's pay can be cut with or without his approval as long as the employer tells the employee BEFORE any work is done. The employee cannot work without first knowing the amount of wages to be paid. Title 50-2-101

Under Tennessee Wage Regulation Act Title 50-2-101 – 50-2-108, an employer is prohibited from penalizing an employee or deducting any sum of money as a penalty or fine from the employee's wages.

Tennessee Wage Regulation Act Title 50–2–103 requires employers of private employments of 5 or more employees to establish and maintain regular pay periods at least twice monthly. Penalties may be accessed for violation of this section against those employers for missing a regularly scheduled payroll date and in paying their employees late.

Can my employer hold my paycheck until I return my uniform, etc.?
No. An employer cannot hold your paycheck for any reason.

Can my employer withhold the cost of my uniform, equipment, company loans, shortages and negligence, etc. from my paycheck?
No. Your employer cannot make any deductions from your paycheck without your consent to the deductions.

I work in the same job classification as a person of the opposite sex, but I am paid less. Is this legal?
No employer shall discriminate between employees in the same establishment on the basis of sex by paying one employee more or less than he pays to any employee of the opposite sex for comparable skill, effort and responsibility in which they are performed under similar working conditions. However, nothing prohibits wage deferential based on a seniority system, a merit system, a system which measures earnings by quality production or any other reasonable deferential which is based on a factor other than sex. Title 50-2-201 thru 207

If I complain about equal pay, whose wages would be adjusted?
An employer who is paying a wage deferential in violation of the act shall not reduce the wages of any employee in order to be in compliance.

Can an employer terminate an employee for a claim on equal pay?
No employer is allowed to terminate or discriminate against any employee who files a claim for equal pay.

Is an employer required by law to provide paid vacation, holidays, severance pay, sick pay or health insurance?
No. The State of Tennessee does not have a law that regulates fringe benefits. Company policy would be the determining factor. These and similar matters are also determined by an agreement between the employees and the employer, or their authorized representatives. Title 50-2-103 (3)

If an employer's policy provides a paid vacation and the employee's employment is terminated, is the employer required to compensate for any vacation time I have accrued but not used?
No. Unless the employer's policy or its labor agreement specifically requires compensation of unused "vacation pay or other compensatory time" to an employee upon his or her termination of employment, Tennessee Code Annotated § 50-2-103(a)(3) does not require that an employee's final wages include such compensation.

If an employee terminates voluntarily or involuntarily, does the employer have to pay all wages due at the time of termination?
The employer is required to pay all wages or compensation due the terminated employee on the next regular payday following the date of termination or 21 days thereafter, whichever comes last.

If the employer refuses payment of wages, what can the employee do?
Anyone who has a problem collecting wages can file a wage claim with the Tennessee Department of Labor and Workforce Development's Division of Labor Standards. If the circumstances are such that we are unable to help, the complainant is referred to court.

If an employee is still employed and the employer is not paying the employee correctly and they file a wage claim, can they be terminated?
There is no Tennessee law which prevents an employer from firing an employee because they file a complaint with our office, unless the complaint was equal pay.

Who determines how many hours a part-time employee may work and how long may an employee be consider part-time?
The employer sets the number of hours and makes the decision when the employee becomes a permanent employee.

My employer has just told me that I am going to be paid by direct deposit. Can he do this?
Yes, an employer can change the method of payment to direct deposit. However, the choice of the financial institution must be that of the employee.

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WHO ENFORCES STATE LABOR LAWS?

The Tennessee Department of Labor and Workforce Development, Labor Standards Division, has jurisdiction to enforce the Following State Labor Laws:
Child Labor Laws Title 50-5-101 thru 115
Prevailing Wage Act Title 12-4-401 thru 415
Wage Regulation Act Title 50-2-101 thru 109

Only questions that arise in each of the above areas should be directed to the Labor Standards Division. All other questions should be directed to the proper agency (see previous sections) or to an attorney or a labor, employment, or human resources consultant.

Does TDLWD provide advice on garnishments, tax levies, or other similar withholdings from pay?TDLWD does not have the authority to provide assistance or advice in this area.

Will TDLWD provide me with legal representation or advice?
The TDLWD Legal Division provides legal services to TDLWD and its offices and employees only. The Legal Division does not offer legal representation, legal opinions or legal advice to the general public. It is recommended those individuals seeking personal counsel request the assistance of a private attorney or Legal Services Corporation.

As an employer must I provide a former or current employee with a copy of my employment personnel files?
There's no federal law or Tennessee law that requires the employer to do so. The employment file is the property of the employer. The employer is not required to furnish current or former employee’s whole file or specific things in the file.

However, the employer may choose to furnish a copy. If the employee files suit, they will be able to subpoena the file any way. An employer may charge for example, 50 cents a page, to cover time and cost to copy, payable up front in cash. Example, the person requesting the file should be told how many pages are in the file. If the file consists of fifty pages, they would have to present the employer with $25.00 before the file would be copied.

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The Division of Labor Standards may be contacted by calling 615-741-2858 (option 3) or toll-free at 1-866-588-6814.

Lunch Breaks TN !!..
In researching state laws on the topic of lunches and breaks, I learned that Tennessee is one of a handful states that has a specific law mandating meal breaks for employees in the state. If a Tennessee employee has worked at least six consecutively in a given day, he or she must be given a 30 minute unpaid break.

For this break to qualify as unpaid, the worker must be completely relieved of his or her duties. If an employee must do any of his or her work duties during this break, it cannot qualify as an unpaid break. This statute applies to all workers of all ages. The Tennessee state law also mandates that this break not take place during or before the first hour of an employee’s shift.

The only exception written into the law is for workers who have ample opportunity during their work day to “rest or take appropriate breaks.” All other employers must give this break according to the law. Violation of this Tennessee law is considered a Class B misdemeanor. A fine of at least $100 but not more than $500 can be given to employers for each violation of the law. A civil penalty of between $500 and $1000 can also be imposed at the discretion of the Labor Commissioner if the violation is found to be willful.

Tennessee law does not provide for any other breaks during the workday other than this 30 minute unpaid meal period. However, if employers plan to give short breaks to workers during the day, Federal law states that these must be paid breaks if they are 20 minutes or less in length.

A helpful presentation of laws on this topic, as well as all other labor issues, can be found on the Tennessee Complete Labor Law Poster.
From Law Labor Center...

More on The Lunch In A More Easy Way Of Explaining... Both Federal and State..
Lunch labor laws affect us all

If you’re human, you have to eat. If you have a job, you’ll probably work several hours during the day, most likely across the normal lunch time. Thus, you probably wonder about lunch labor laws.

Hourly workers are most concerned about the law regarding their lunch breaks, but I routinely receive many questions from salaried workers as well. And interestingly, a Zogby study found that 90% of salaried workers held an hourly job at one time in their life.

As you can see, lunch break labor laws are a key topic for everyone.
No federal lunch break

You may be surprised to learn that there is no lunch break federal requirement. The Fair Labor Standards Act does not require that your employer give you a lunch break.

Federal law also does not require that your lunch breaks be paid. Generally speaking, if you are completely relieved from work duties for 30 minutes or more, you do not have to be paid for that time.

This rule makes sense, if you think about it. Most workers don’t expect to be paid for their lunch time. But if you are not relieved from duty, your employer must compensate you. That doesn’t really count as a lunch break, does it?
State lunch labor laws

But there’s still hope for some of you. Many states have passed laws regarding lunch break requirements. If you work in one of those states, your employer has to make sure that he complies with the state regulations.

Here is a summary of the individual state lunch labor laws. Note that not all industries are required to comply with these regulations in each state.

California – 1/2 hour after 5 hours worked, unless shift is only 6 hours

Colorado – 1/2 hour after 5 hours worked, unless shift is only 6 hours

Connecticut – if shift is 7.5 hours, 1/2 hour lunch after first 2 hours but before last 2 hours

Delaware – if shift is 7.5 hours, 1/2 hour lunch after first 2 hours but before last 2 hours

Illinois – required for hotel room attendants only

Kentucky – reasonable meal period between 3rd and 5th hour of shift

Maine – 1/2 hour after 6 consecutive hours

Massachusetts – 1/2 hour, if work is more than 6 hours

Minnesota – reasonable period, if shift is 8+ consecutive hours

Nebraska – 1/2 hour, off premises, at suitable lunch time

Nevada – 1/2 hour, if work is 8 consecutive hours

New Hampshire – 1/2 hour, after 5 consecutive hours – unless employee can eat while working

New York – 1/2 hour, if shift is more than 6 hours

North Dakota – 1/2 hour, if work is more than 5 hours

Oregon – 1/2 hour

Rhode Island – 20 minutes for 6 hour shift; 30 minutes for 8 hour shift

Tennessee – 1/2 hour, if shift is 6 hours

Washington – 1/2 hour, for 5 hour shift

West Virginia – 20 minutes, if work is more than 6 consecutive hours

On The Federal Side..
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

Whistle Blowers Law..
What are Whistle Blower Laws?

Whistle blower laws and other laws that that have provisions for employer retaliation protection are enforced by a number of government agencies. For example, the U.S. Department of Labor (DOL) and its divisions enforce several major laws that directly protect whistle blowers or have provisions to shield employees from retaliation, for reporting violations of the laws, refusing to engage in any action made unlawful by the laws, or participating in any proceedings under the laws.
The Corporate and Criminal Fraud Accountability Act is part of the Sarbanes-Oxley Act of 2002, enforced by the Department of Labor. It protects employees of publicly-traded corporations from retaliation for reporting alleged violations of any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders. Not only does this landmark Act criminalize employer retaliation, it also requires publicly-traded corporations to create procedures for internal whistle blowing. Additionally, it requires attorneys to become internal whistle blowers.

As indicated previously, Federal discrimination (equal employment opportunity) laws also have protection provisions for whistle blowers. For example, if you observe a prohibited discrimination against employees and you report it to the U.S. Equal Employment Opportunity Commission (EEOC), your employer is not allowed to retaliate against you. If your employer retaliates anyway, you may file a discrimination charge with the EEOC, to preserve your right to sue the employer.

The Whistleblower Protection Act protects whistle blowers who work for the Federal government, and is enforced by the U.S. Office of Special Counsel (OSC).

The Military Whistleblower Protection Act protects whistle blowers in the U.S. military, and is enforced by the Department of Defense Inspector General.

Federal whistle blower laws mandate only the minimums to which all states must adhere. States are allowed to create their own whistle blower laws, that include or expand upon the minimum protections afforded by the Federal laws. To research your state's whistle blower laws, start with the resources listed in State Labor Law and Employment Law. Alternately or additionally, contact your state's department of labor.

Before blowing the whistle, it's a good idea to seek the advice of an attorney in your state, to ensure you are protected by a whistle blower law or a like provision in another law.

Salary Employees...
Q: Can I dock an employee's salary for missed work days without jeopardizing his or her "exempt" status?

A: The Federal Fair Labor Standards Act does allow docking, depending on the duration of the absence — and the cause:
If the employee is absent a day or more for personal reasons, you may deduct from his or her pay.
If the employee is absent a day or more due to sickness or disability, you may make deductions, provided that you have a policy or practice of providing compensation for lost salary caused by sickness and disability, or if your company operates under a state or private sickness and disability insurance law or plan.
If the employee receives a full-week disciplinary suspension, you may deduct from his or her pay. You may deduct for suspensions of less than a week only if they were imposed in good faith for violating rules of major significance.
You may not deduct for absences due to court appearances or military leave (although you may offset any witness fees, jury duty pay, or military pay received by the employee). If the employee is absent for part of a day:
You may deduct pay if the employee is taking leave under the Family and Medical Leave Act.
You may require the employee to substitute accrued vacation or sick pay. If no accrued vacation or sick leave is available, however, you may not reduce the employee's pay.
Overall, you want to avoid excessive salary docking because it undermines the whole idea of having employees on a salary and makes them seem more like hourly workers.

Salary Definition Regulation

Since the most frequently-requested overtime exemption regulation is the one defining what a true salary is, it is presented here in its entirety for the convenience of employers who need to see the full definition as adopted and enforced by the U.S. Department of Labor. Following is the text of 29 C.F.R. 541.602:

Sec. 541.602 Salary basis.

General rule. An employee will be considered to be paid on a "salary basis" within the meaning of these regulations if the employee regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of the employee's compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed. Subject to the exceptions provided in paragraph (b) of this section, an exempt employee must receive the full salary for any week in which the employee performs any work without regard to the number of days or hours worked. Exempt employees need not be paid for any workweek in which they perform no work. An employee is not paid on a salary basis if deductions from the employee's predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business. If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.

Exceptions. The prohibition against deductions from pay in the salary basis requirement is subject to the following exceptions:

Deductions from pay may be made when an exempt employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Thus, if an employee is absent for two full days to handle personal affairs, the employee's salaried status will not be affected if deductions are made from the salary for two full-day absences. However, if an exempt employee is absent for one and a half days for personal reasons, the employer can deduct only for the one full-day absence.

Deductions from pay may be made for absences of one or more full days occasioned by sickness or disability (including work-related accidents) if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability. The employer is not required to pay any portion of the employee's salary for full-day absences for which the employee receives compensation under the plan, policy or practice. Deductions for such full-day absences also may be made before the employee has qualified under the plan, policy or practice, and after the employee has exhausted the leave allowance thereunder. Thus, for example, if an employer maintains a short-term disability insurance plan providing salary replacement for 12 weeks starting on the fourth day of absence, the employer may make deductions from pay for the three days of absence before the employee qualifies for benefits under the plan; for the twelve weeks in which the employee receives salary replacement benefits under the plan; and for absences after the employee has exhausted the 12 weeks of salary replacement benefits. Similarly, an employer may make deductions from pay for absences of one or more full days if salary replacement benefits are provided under a State disability insurance law or under a State workers' compensation law.

While an employer cannot make deductions from pay for absences of an exempt employee occasioned by jury duty, attendance as a witness, or temporary military leave, the employer can offset any amounts received by an employee as jury fees, witness fees, or military pay for a particular week against the salary due for that particular week without loss of the exemption.

Deductions from pay of exempt employees may be made for penalties imposed in good faith for infractions of safety rules of major significance. Safety rules of major significance include those relating to the prevention of serious danger in the workplace or to other employees, such as rules prohibiting smoking in explosive plants, oil refineries and coal mines.

Deductions from pay of exempt employees may be made for unpaid disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace conduct rules. Such suspensions must be imposed pursuant to a written policy applicable to all employees. Thus, for example, an employer may suspend an exempt employee without pay for three days for violating a generally applicable written policy prohibiting sexual harassment. Similarly, an employer may suspend an exempt employee without pay for twelve days for violating a generally applicable written policy prohibiting workplace violence.

An employer is not required to pay the full salary in the initial or terminal week of employment. Rather, an employer may pay a proportionate part of an employee's full salary for the time actually worked in the first and last week of employment. In such weeks, the payment of an hourly or daily equivalent of the employee's full salary for the time actually worked will meet the requirement. However, employees are not paid on a salary basis within the meaning of these regulations if they are employed occasionally for a few days, and the employer pays them a proportionate part of the weekly salary when so employed.

An employer is not required to pay the full salary for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act. Rather, when an exempt employee takes unpaid leave under the Family and Medical Leave Act, an employer may pay a proportionate part of the full salary for time actually worked. For example, if an employee who normally works 40 hours per week uses four hours of unpaid leave under the Family and Medical Leave Act, the employer could deduct 10 percent of the employee's normal salary that week.

When calculating the amount of a deduction from pay allowed under paragraph (b) of this section, the employer may use the hourly or daily equivalent of the employee's full weekly salary or any other amount proportional to the time actually missed by the employee. A deduction from pay as a penalty for violations of major safety rules under paragraph (b)(4) of this section may be made in any amount.

Well that a lot to read and understand ,but hope that it will help you out thru your jobs and questions that you may have, these where the most asked and have come from legal companies and state and federal websites... We are sharing so that you may follow up further if you feel that you are not being treated fairly, I suggest consulting a government entity that knows what the laws are further and can help you file the proper paperwork... the 470 ARG nor this site or any person contained with the operation of this site will not be responsible for the content as laws change every day, and you should contact proper officials as stated above..

Now with the amateur side...
Honoring the Best: The ARRL's A-1 Operator Club
TAGS: amateur radio, communications manager
07/14/2010

First organized in May 1933, the ARRL A-1 Operator Club has a proud history and occupies an important place in Amateur Radio tradition. Communications Manager Ed Handy, W1BDI, announced its formation with these words in the July 1933 edition of QST:

Are you an A-1 Operator? Excellence in stations has often been emphasized. Yet, station performance, equipment, adjustment, etc., are but part of the story. The operation of the equipment, knowledge of procedure, and general communications technique are of very great importance in determining the results of any station. To bring attention to good operating as a paramount issue, and to give it something of the importance it deserves we are this month announcing in these columns the launching of a club for A-1 operators.

By early 1934, the roster of recognized A-1 operators had swelled to more than 400; by the end of 1938, to 1000. As of mid-2010 there are more than 6000 members of this special club! Then, as now, nominations were not made lightly; through the years, recognition as an A-1 Operator has represented an unsolicited acknowledgment of one’s high standing among one's peers.

Membership comes after nomination by two Club members who find the nominee qualified to be a member of this elite group. Nominations should be based on the following guidelines:
General considerations: Transmissions are stable, well filtered and occupying the minimum required bandwidth. On voice, the operator has clarity of speech, brevity and uses appropriate words and good grammar. On digital modes, clean tones and appropriate operating-frequency selection are exhibited. On CW, the operator uses proper character formation and spacing with appropriate speeds (high-speed ability is not a consideration).
Procedure: The operator always listens before transmitting. Appropriately short CQs, avoidance of unnecessary repetition, use of proper procedures and abbreviations recommended by ARRL and avoidance of common inanities in making contacts is evident. When operating a message forwarding system, the operator makes sure that traffic is routed to its destination.
Judgment and courtesy: The A-1 operator is courteous and considerate of the other operator’s point of view. He or she takes every opportunity to assist others, especially beginners. Patient and helpful at all times, the operator never knowingly operates in such a way as to lessen the pleasure of others.
Copying ability: This applies to all modes, for there is a knack to passing information through such difficulties as interference from other stations (QRM), atmospheric noises (QRN), fading (QSB) and the like.

You must be a full member of the A-1 Operator Club in order to nominate a ham for membership; prospective A-1 members must be nominated by two current members to join the A-1 Operator Club. Current members should check the nominees roster to see if someone has already been nominated.

If you find someone whose nomination you want to second, send an e-mail with your second. If you do not find your prospective nominee on the list, send your nomination to A1 Operator Club Desk, 225 Main St, Newington, CT 06111 or via e-mail. Be sure to include your name and call sign as well as the name, call sign and mailing address of the person(s) you wish to nominate. Names and addresses are particularly important for nominees, as over the years, many hams change their call sign. By sending in all information, this assures that the proper persons receive this distinguished recognition. Please take a moment to check the accuracy of the information you send, as it will avoid delays. Also, please include a comment on your nominee as to why you are making the nomination.

The A-1 Operator Club Desk is ready to receive your nominations and issue certificates! Please help the ARRL reach its goal of 500 new A-1 club members per year. Posthumous nominations are welcome.

Much is said about the handful of radio amateurs whose operating practices do not quite measure up. Not enough is said about those who, by contrast, lead by example -- those who set the standard for others to follow. By honoring those operators who exhibit the best operating practices, we honor them as A-1 Operators and in so doing, honor the best in Amateur Radio.

White House Budget Office Names FCC “Most Improved” Federal Agency
TAGS: FCC Chairman Julius, federal communications commission, federal government, new opportunities
07/13/2010

The Federal Communications Commission is the “most improved” agency across the entire federal government, according to the 2010 OPM Viewpoint Employee Satisfaction Survey released Monday, July 12 by the White House’s Office of Management and Budget (OMB).

“I am delighted that the FCC has been recognized as the ‘most improved’ federal agency,” said FCC Chairman Julius Genachowski. “The survey results reflect the hard work being done throughout the agency to make the FCC a model of excellence in government. The FCC’s reform agenda, which builds on the impressive strides made by Commissioner Copps as acting chairman, includes creating new opportunities for employees to provide feedback; improving employee communication through technology and new media; and focusing on leadership development and opportunities for employees. I applaud the work of the FCC management and staff and look forward to more great things to come.”

This survey is an annual online survey led by the OMB to gauge job satisfaction and motivation within federal agencies. The survey was distributed in March and reached more than half a million federal government employees.

Spain Extends Amateur Privileges on 70 MHz
TAGS: hams, mhz band
07/12/2010

The Union de Radioaficionados Espanoles (URE) -- Spain’s IARU Member-Society -- announced that the Secretaría de Estado de Telecomunicaciones y para la Sociedad de la Información (SETSI) (Spain’s equivalent to the USA’s FCC) has extended temporary privileges on the 70 MHz band (4 meters) to hams in that country. In 2008, hams in Spain were granted 70 MHz privileges for six months. Spanish amateurs may now use 70.150-70.200 MHz, with a maximum of 10 W; the average power of emission outside the authorized band should not exceed 25 µW.

SETSI cited that reasons behind extending the temporary privileges include the fact that other European countries have privileges in this band, as well as that the amateurs’ earlier use of the 70 MHz band did not result in any harmful interference to other authorized radio communications services. SETSI did say that if these temporary privilege cause “detrimental interference” to other radio services, they will be “suspended immediately.” These privileges are good for one year and will expire on July 1, 2011.

Edward Leshinskie, K3BVQ

k3bvq@arrl.net

A crystal set brings radio to life for a 6 year old.

“Why do you have all of these wires all over this place? I thought you said this is wireless radio.” How many times have you heard this from the spouse who displays no interest in Amateur Radio? “What is a ham radio operator?” “What is all the excitement about ‘Field Day?’ As a typical ham you try your best to explain to the unwilling the greatness of your hobby. But the big question comes from the spouse: “Why did you get involved with this hobby?”

Yes, what was the driving force that infected your soul, making you learn Morse code and basic electronics to pass a Federal Communications Commission exam for a basic Novice radio license. For me that force was the “rock that talked.”

What’s Going On?

The time was the winter of 1949 when, at the age of 6, I was watching my uncle and his friend try to make a rock talk to a pair of earphones. There they were with a rock of galena, a cat whisker, an oatmeal box wrapped with wires and two wires going out the window, one to grandpa’s cherry tree and the other to the water pipe of grandma‘s sink.

My uncle is trying to get the cat whisker to find a soft spot on that rock and I am very confused. A cat whisker? Is that a whisker taken from grandma’s poor cat? What is a soft spot on a rock? I know any rocks that hit my head did not have a soft spot. Why do they have an oatmeal box all wrapped up with wires. How did they get that wire up to the top of grandpa’s cherry tree?

And of course, why are they worried about having a good ground. Now that is another one that has me confused. They are standing on grandma’s nice clean kitchen floor but to have a ground, I guess they will need some good dirt from grandpa’s garden. I always heard grandpa say to grandma, that’s some good ground out there.

Now I am watching my uncle and his friend trying to find that soft spot on that rock. My uncle has a set of earphones on his head and here comes the cat. I grab the cat because I do not want the cat to lose any more whiskers. But to my amazement, the cat still has all of its whiskers.

A Ground Without Dirt

I hear my uncle say to his friend. “I hear something. The ground must be working. We know that the aerial is up high into that cherry tree.” Well, that wire in the cherry tree must be the aerial and the wire to the sink’s copper water pipe must be the ground. I do not see any dirt on the floor to make a ground. But they are happy because my uncle says “I hear something. Maybe we should wrapped the wires tighter on the box or add more turns of wire for the coil.”

My uncle has a box of my favorite cereal, Quaker Oats, all wrapped up with wires. They are calling this a “coil,” but to me it is just a Quaker Oats box all wrapped up with wires.

Then my uncle starts to jump up and down. “I hear it. I hear it.” His friend pulls the earphones off his head, quickly puts them on and yells, “I hear it. I hear it.”

What do they hear? Hey, these two guys have smiles on their faces as if they won the biggest prize in the world.

The Force is with Him

Now comes the moment that changed me for the rest of my life. My uncle grabs me and puts the earphones on my head. To this day I will always remember: “This is WISL, 1480 on your radio
dial.” “What is this?” I cried “A rock that talks?” No, my uncle says. It is a homemade crystal radio and you can pick up radio station signals to listen to them.

I am now very excited to know that rocks can talk and then while I have the earphones still on I heard the following: “CQ CQ CQ this is W3SCB calling on 40 meters.” “What is a W3SCB?” My uncle’s friend says it is a “ham” radio operator.

Now I got a rock that talks. Cat whiskers but not from a cat. An oatmeal box wrapped up with wires that is called a coil and wires to a cherry tree and a ground that does not have dirt. But a “ham.” I like a ham sandwich, but I never heard a ham sandwich talk and here was a ham talking through a rock.

Boy, am I ever confused. My uncle’s friend says a ham is a person who builds and plays with radios so that he can talk to other hams all over the world and when I get bigger and learn some things about radio, I too, can be a ham radio operator and talk to people all over the world.

Eventually, my uncle gave me that “rock that talked” and I would eagerly listen to the one-sided conversation of W3SCB on 40 and 80 meters and the local radio station.

As I got older, I built a one tube radio. I could hear more stations. I was told if I could copy 5 WPM of Morse code and pass a written FCC Novice exam I could become a ham radio operator. So in August of 1957 I passed the code test and the Novice exam and waited until November to get my “ticket” and the call of KN3BVQ.

From that simple “rock that talked,” I have enjoyed many years of ham radio. I have operated CW, SSB, PSK, FM, various activities of Field Day, contests and providing radio communication for civic events such as parades, cross-country horse races and various 5K and 10K races. The years have gone by but, for me, the “rock that talked” will always be the driving force that opened the gates to the world’s greatest hobby of ham radio.

Edward Leshinskie, K3BVQ, an ARRL member, has been licensed since 1957. First licensed as KN3BVQ, he now holds an Advanced class license. Ed is a retired high school chemistry and physics teacher and is an active member of the Pottstown Area Amateur Radio Club. Ed enjoys low power operating using CW with his old J-38 straight key. Ed is also active in the Montgomery County ARES/RACES. You can contact Ed at PO Box194, Pottstown, PA 19464.

First Half of 2010 Sees Upswing in New Amateur Radio Licenses
TAGS: amateur radio, amateur radio community, amateur radio license, amateur radio operators, arrl vec, license class, new hams, radio amateurs
07/13/2010

With more than 18,000 new Amateur Radio licenses issued in the first half of this year -- 18, 270 to be exact -- 2010 is shaping up to be a banner year for Amateur Radio. So far, the number of new licenses issued by the FCC in 2010 is outpacing the January-June 2009 totals by almost 8.5 percent; at this time last year, the FCC had issued 16,844 new licenses.

In 2009, a total of 30,144 new licenses were granted, an increase of almost 7.5 percent from 2008. In 2005, 16,368 new hams joined Amateur Radio’s ranks -- just five years later, that number had increased by almost 14,000, a whopping 84 percent! The ARRL VEC is one of 14 VECs who administer Amateur Radio license exams.

Comparing 2010 to 2009, the only month that had higher license totals in 2009 was January: 1960 licenses were issued in January 2009, compared with 1726 in January 2010. Beginning in February, 2010 showed higher new license numbers: 2263 in February 2010 versus 2749 in February 2010; 3463 in March 2009 compared with 3734 in March 2010; 3430 in April 2009 compared with 3508 in April 2010; 2717 in May 2009 compared with 3136 in May 2010, and 3011 in June 2009 versus 3417 in June 2010.

As of June 30, 2010, there are 694,346 licensed Amateur Radio operators in the US, an almost 1 percent rise over all of 2009. In 2009, there were 682,500 licensed Amateur Radio operators in the US, an almost 3 percent rise over 2008. In 2008, there were 663,500 licensed amateurs; there were 655,800 in 2007. Broken down by license class at the end of June 2010, there were 16,299 Novices, 342,064 Technicians, 154,284 Generals, 60,059 Advanced and 121,640 Amateur Extra licensees.

“The ARRL VEC has been busy meeting the needs of the Amateur Radio community by helping people to become radio amateurs or upgrade their existing licenses,” said ARRL VEC Manager Maria Somma, AB1FM. “So far in 2010, ARRL VEs have administered 20,929 exam elements at 3600 ARRL VEC-sponsored exam sessions. The number of amateurs who want to be Volunteer Examiners and who want to teach Amateur Radio classes is also going up -- we’ve seen a spike in the number of applications from General and Extra class radio amateurs who want to give back to their community by serving as ARRL examiners and instructors.”
I would also like to thank all the VE's who work with me on helping those upgrade and obtain their new amateur license, you all give your time to make sure we get great amateur operators and also at your expense ....THANK YOU...FROM RICK SR

TN ARES Info ..
TN Section Districts

West Tennessee
Districts: 1, 2, 3
Randall Smith, KI4OAS

Middle Tennessee
Districts: 4, 5, 6, 10, 11
Keith Miller, N9DGK
Mike Harris, N4ULM

East Tennessee
Districts: 7, 8, 9
Darrell Sperry, KA4TAR

Health Care Organizations
Tennessee Section
Dewayne Siddon, KE4IDH

Administrative
Tennessee Section
Shawn Stoddard, KG4OVQ

Interoperatibility
Tennessee Section
Robert Scott, W4ROX

SECTION ARES News

29 March, 2010 - Shawn Stoddard, KG4OVQ appointed as SEC - Administration. Shawn is a previous EC for Hamilton County and has most recently been the DEC for District 7. Shawn will be compiling the monthly reports and forwarding them on to the ARRL so that our activities will show up in QST.

24 March, 2010 - Danny Herman, K4DHT ADEC for District 9 appointed as DEC. Danny has been serving as the EC for Johnson County. Previously Danny was the DEC and had to step down to provide care for Mary. We are saddened by Danny's loss and glad to have Danny back.

Frank Metcalfe, AA4AE EC for Montgomery County appointed as DEC District 11. Frank is very active in South BEARS and TN ARMY MARS.

23 March, 2010 - Mike Otis, K0TIS resigned as DEC District 9 due to health reasons. Thank you Mike for your service and help leading us through some challenges.

28 Feb 2010 – Mike Harris, N4ULM appointed as District Emergency Coordinator – District 4 (DEC Dist – 4). Mike holds a General Class license and has completed the FEMA Courses IS-100, IS-200, IS-300, IS-700, IS-800 along with some 44 others and has also completed the Department of Homeland Security, Office of Emergency Communications, “All-Hazard Type III Communications Unit Leader Course (COML).

As DEC – Dist 4 Mike will be working with the EC’s in Cannon, Cheatham, Davidson, Macon, Rutherford, Trousdale, Williamson and Wilson Counties. Where there is currently not an EC Mike will by recruiting a ham to take this important job.

20 Jan 2010 - Mark Wills, AG4OA has resigned as Assistant Section Emergency Coordinator - Administration for health reasons. Previously Mark served as ASEC - Special Projects. Thank you, Mark, for your service.

19 Jan 2010 - This is to announce staffing of District Emergency Coordinator and the creation of two (2) new Districts.

District 1 (West TN), Dwayne Duncan, KD4KDF. Dwayne recently upgraded his license to General class and has completed ICS-100 and ICS-200. He was formerly the EC for Haywood County.

District 2 (West TN), Jamie Hall, WB4YDL is continuing.

District 3 (West TN), Miles Rhodes, KD4NHN. Miles has completed the ICS-100, ICS-200, ICS-700 and ICS-800 courses and has been active for a number of years in the WTARS.

In Middle TN we formerly had three (3) Districts, now there are five (5).

District 4 (Middle TN), Vacant. This district now includes Cannon, Cheatham, Davidson, Macon, Rutherford, Trousdale, Williamson and Wilson Counties.

District 5 (Middle TN), Steve Haber, N1LHW. Steve served as the DEC of our former District 5 which was much larger. This district now includes Bedford, Coffee, Franklin, Grundy, Lincoln, Marshall and Moore Counties.

District 6 (Middle TN), John O'Conner, KD4WST. John continuing and the counties in his district are not changed.

District 10 (Middle TN), Vacant, This district now includes Giles, Hickman, Lawrence, Lewis, Maury, Perry and Wayne Counties.

District 11 (Middle TN), Vacant, This district now includes Dickson, Houston, Humphreys, Montgomery, Robertson, Stewart and Sumner Counties.

In East TN at this time nothing has changed.

District 7 (East TN), Shawn Stoddard, KG4OVQ is continuing.

District 8 (East TN), Rick Rogers, K4AMT is continuing.

District 9 (East TN), Mike Otis, K0TIS is continuing.

If anyone is interested in being considered to fill any of the vacant DEC positions please contact Lowell Bennington, WD4DJW Tennessee ARRL/ARES Section Emergency Coordinator.

73 Lowell, WD4DJW

15 Jan 2010 - Keith Miller, N9DGK appointed as the Assistant Section Emergency Coordinator – Middle Tennessee (ASEC – Middle TN). For a short time Keith served as the District Emergency Coordinator of District 4 (DEC Dist-4) in Tennessee. Before that he served Rutherford County as Emergency Coordinator (EC).

04 Jan 2010 - This is to announce the filling of a couple of key positions in the TN ARES Cabinet.

In West Tennessee, Randy Smith, KI4OAS is appointed as Assistant Section Emergency Coordinator-West Tennessee (ASEC-WestTN). Most recently Randy has served as the District Emergency Coordinator (DEC) for ARES District 1. Before that Randy was the Emergency Coordinator (EC) for Crockett County.

In Middle Tennessee, Keith Miller, N9DGK is appointed as Assistant Section Emergency Coordinator-Middle Tennessee (ASEC-MiddleTN). Most recently Keith has served as the District Emergency Coordinator (DEC) for ARES District 4. Before that he was the Emergency Coordinator (EC) for Rutherford County. Only yesterday I sent out a message in which I named Keith Miller, N9DGK as DEC District 4. That appointment is canceled with this announcement.

Darrell Sperry, KA4TAR is continuing as Assistant Section Emergency Coordinator-East Tennessee (ASEC-EastTN).

Mark Wills, AG4OA is appointed, Assistant Section Emergency Coordinator - Administration. Mark will be riding heard on getting our reports in to the ARRL in a timely manner.

Dewayne Siddon, KE4IDH is continuing as Assistant Section Emergency Coordinator - Health Care Facilities.

Robert Scott, W4ROX is continuing as our Assistant Section Emergency Coordinator - Interoperability.

District 7-8-9 EC's & DEC's

District 7
Emergency Coordinator

John Barrett, KG4OVU
4305 Kellys Ferry Rd.
Chattanooga, TN 37419-2117
kg4ovu # arrl.net
423-619-0762 District 8 (web page)
Emergency Coordinator

Rick Rogers, K4AMT
1640 Repass Rd.
New Market, TN 37820-3338
rerog65 # juno.com
865-475-1899 District 9
Emergency Coordinator

Daniel L. Herman, K4DHT
967 Liberty Church Rd.
Mountain City, TN 37683-0055
k4dht # dannyherman.com
423-727-0723
County EC
Bledsoe
Bradley Derek Wooley, KD5UBL
Hamilton Dan Odom, NT4M
Marion
McMinn Chris Bindrim, KE7GZ
Meigs Charles Harder, KB4JOM
Monroe David Kirksey, K4SEY
Polk Steve Bates, N4EZE
Rhea
Sequatchie W. Hal Perry, W4HP

County EC Dist. 8
Anderson Jeff Yawn, K4IK
Blount Rick Coffey, KF4QVI
Campbell Jimmy Elkins, KQ4AB
Claiborne Rick Blasco, NX6R
Jefferson Daniel O'Donovan, W4DOD
Knox Kevin Duplantis, W4KEV
Loudon Mike Henry, KM4H
Morgan
Roane Bill Farnham, KI4FZT
Scott
Sevier Rick Sawaya Sr, N4JTQ
Union
County EC
Carter Bill Harness, K4BWH
Cocke Velma Wills, AG4XP
Grainger Ed Bradley, W4VGI
Greene Nancy McCarty, KI4PDH
Hamblen Donald Ellison, KI4ORC
Hancock Jeff Lumpkin, KI4YWW
Hawkins Tim Luttrell, KA9EBJ
Johnson Danny Herman, K4DHT
Sullivan
East Lonnie Ward, W4FXO
Sullivan West Allen Lark, N4TBI
Unicoi Chuck Ray, KC4DSY
Washington Tom Cook, KB3HZA

If your are interested in joining ARES contact the EC or any EC and he can lead you in the right direction.. we hope that you will take the time to be a active member in the ARES program...

Check Out Sevier County..
http://www.freewebs.com/aresradio/
If you are interested in joining Sevier County you can contact me at n4jtq@live.com ... are ARES group is growing along with training and classes you will enjoy all the benifits of ARES, and we always are looking for amateurs to be a part of ARES no ,matter how young or old, there is a place for you...

Now the ham video's for this week !!!Some of these may be Harsh !!!

http://www.youtube.com/watch?v=-DKusmesapw

Oh if these sound familier OK !!!

http://www.youtube.com/watch?v=zyhCphAfQX8&feature=related

http://www.youtube.com/watch?v=ceFtrMltVKI&feature=related

http://www.youtube.com/watch?v=EoNCqfnDB_Y&feature=related

http://www.youtube.com/watch?v=GOalplBvFMg&feature=related

http://www.youtube.com/watch?v=8aO49blFY00&feature=related

http://www.youtube.com/watch?v=X6srrQPjOZk&feature=related

http://www.youtube.com/watch?v=X6srrQPjOZk&feature=related

http://www.youtube.com/watch?v=scbpnl5kPdA&feature=related

http://www.youtube.com/watch?v=84uxejoemNs&feature=related

Well hope that you enjoyed this weeks News Letter
Hope that you can make the net, Thursady at 7:30 pm on the 145.470

73
Rick Sr