Free Vermont Labor and Employment FAQs | Free Vermont Labor and Employment Legal Documents

Am I Entitled To Severance Pay If I Get Laid Off Without Notice?

Mon, 04 Jun 2007 21:51:22 GMT

Severance pay is considered a benefit insofar as wage and hour laws are concerned and individuals are not entitled to it unless the employer has a written agreement to provide it.

Am I Required To Correct All The Violations Found?

Tue, 29 May 2007 21:19:00 GMT

Yes. You must correct the violations and notify VOSHA in writing that you have done so. You will be required to tell VOSHA what you have done to correct the violations and you should provide proof such as photographs, invoices, or receipts.

Are There Any Temperature Requirements For Working Conditions?

Tue, 29 May 2007 21:19:00 GMT

No, there are not temperature requirements in the State of Vermont.

As An Employer, Must I Fix All Identified Hazards And How Is It Verified?

Tue, 29 May 2007 21:19:00 GMT

The employer is obligated to correct all serious hazards found by the consultant within a reasonable period of time. Extensions are granted if a hardship is identified and if the employer is providing interim protection from the hazard for employees. For regular consultation visits, a statement of assurance of correction for each hazard is acceptable. For special program consultations a followup visit is usually conducted to verify the correction of hazards.

Can A Consultant Conduct Onsite Training Sessions?

Tue, 29 May 2007 21:19:00 GMT

Onsite training and education by consultants is generally informal, occurring during the process of the consultation visit, involving both the employer and the employees. Training may also be conducted when an employee requests a visit for that purpose

Can I Get Help With Identifying And Correcting Workplace Hazards?

Tue, 29 May 2007 21:19:00 GMT

Yes. A consultation and training service is available to Vermont employers by calling 18002872765.

Can My Employer Fire Me Or Lay Me Off Without Notice?

Tue, 29 May 2007 21:19:00 GMT

Yes, unless it is a massive layoff or plant closure, in which case you should contact the U. S. Department of Labor at 2025350577, or VT. Department of Employment and Training at (802) 8284177.

Can My Employer Make Me Pay For My Uniform?

Tue, 29 May 2007 21:19:00 GMT

In covered industries (hotels, motels, tourist places, restaurants, retail, wholesale and service establishments), your employer can do this only if no money passes from you to the employer either directly or indirectly for a required uniform.

Can My Employer Suspend Me Without Pay?

Tue, 29 May 2007 21:19:00 GMT

Under Vermont law, your employer can suspend you without pay as long as there is no violation of the terms and conditions of a written policy. You should also contact the Federal Wage & Hour Office at either 8029516283 or 6036667716, regarding federal law.

Can My Employer Take Money Out Of My Wages To Cover Cash Register Shortages Or Damages?

Tue, 29 May 2007 21:19:00 GMT

No, your employer cannot do this. You can either inform your employer that there is no provision in the law that allows them to do this or you can contact the Wage & Hour Program.

Does The Employer Have To Pay The Vermont Minimum Wage Or The Federal Minimum Wage?

Tue, 29 May 2007 21:19:00 GMT

All Vermont employers must pay the Vermont minimum wage which is and shall continue to be higher or equal to the federal rate.

Have Consultants Visited Or Will They Subsequently Visit My Competitor?

Tue, 29 May 2007 21:19:00 GMT

Our service extends to all eligible companies who request it. All information is kept confidential; therefore, no hazards or processes which may be a trade secret observed in your facility will be discussed in another place of business.

How Are Vosha Inspections Determined?

Tue, 29 May 2007 21:19:00 GMT

Health and Safety inspections are randomly scheduled, based on injury and illness rates derived from the annual BLS Survey of Occupational Injuries and Illness. Inspections are also scheduled based on complaints and referrals.

How Can I Get Information On Safety And Health Standards, The Standard For General Industry And Construction, Osha 300 Logs, Small Business Handbooks, Confined Space Or Hazard Communication?

Tue, 29 May 2007 21:19:00 GMT

Contact VOSHA at 18002872765.

How Do I Get Started?

Tue, 29 May 2007 21:19:00 GMT

Consultation services are available upon request by calling any of the following numbers: Statewide tollfree 1888SAFEYES
Montpelier (802) 8282765

How Does A Company Qualify For A Vermont Osha Exemption?

Tue, 29 May 2007 21:19:00 GMT

SHARP is a special program for those companies wishing to go the extra mile in establishing an exemplary safety and health program. Certification provides up to a twoyear exemption from Vermont OSHA's general schedule inspections.

How Long Does It Take To Conduct A Consultation?

Tue, 29 May 2007 21:19:00 GMT

The time may vary from a couple of hours to a full day, depending on the size of your facility and the scope of assistance requested. Should exposure monitoring be requested or recommended, additional days are scheduled.

How Much Will It Cost To Correct Any Identified Hazards?

Tue, 29 May 2007 21:19:00 GMT

The expense in correcting hazards are usually minor. Keep in mind, the longterm and often hidden costs of failing to correct a hazard are often much greater than the shortterm costs of correction.

I Am On Salary And When I Take A Day Off My Employer Reduces My Salary. However, When I Work Overtime My Employer Does Not Pay Extra. What Can I Do?

Tue, 29 May 2007 21:19:00 GMT

Vermont law does not cover salary agreements. You should contact the Federal Wage and Hour Office in Burlington at 8029516283 or in New Hampshire at 6036667716 concerning their written reference to "salaried employees" in the Federal Fair Labor Standards Act for overtime exemption purposes.

I Have Been Fired Or Laid Off. When Is My Pay Due?

Mon, 04 Jun 2007 21:51:22 GMT

You should be paid within 72 hours from the time of discharge. If your pay is not received by the next regular payday, and it appears you may have a problem collecting, contact the Wage & Hour Program for a wage complaint form, and assistance.

I Think That My Workplace Is Unsafe. Can You Help Me?

Tue, 29 May 2007 21:19:00 GMT

Call VOSHA to discuss your concerns. You may be asked to fill out a complaint form about the hazards.

If A Business Has A Fatality Or 3 Or More Employees Transported To The Hospital, Do I Have To Report It?

Tue, 29 May 2007 21:19:00 GMT

Yes. You can report during normal working hours by calling 18002872765 or by contacting a 24hour tollfree Hotline at 1800321OSHA. A report must be made within 8 hours of an employer becoming aware of the fatality or catastrophic event.

If A Vosha Enforcement Finds Violations At My Workplace Will There Be Any Penalties?

Tue, 29 May 2007 21:19:00 GMT

If the inspector finds violations which are classified as serious there can be a penalty of up to $7,000 for each violation.

If I Am Cited Can I Appeal The Citations?

Tue, 29 May 2007 21:19:00 GMT

You can appeal to VOSHA and request an informal conference or you may appeal directly to the VOSHA Review Board. In either case this must be done within 20 calendar days of your receipt of the citation.

If I File A Complaint, Will It Be Kept Confidential?

Tue, 29 May 2007 21:19:00 GMT

Yes. Complaints are retyped and all personal identifiers are removed. Your name is not put on the complaint form. Employees are also protected from discrimination for filing a complaint with VOSHA. If you are a victim of discrimination as the result of having filed a complaint, you should contact VOSHA within 30 days. Employees who are discriminated against may also file a private action against their employer.

If I Quit Or Am Discharged, Will I Receive Pay For Vacation Or Sick Leave?

Tue, 29 May 2007 21:19:00 GMT

Your employer does not have to pay you unless he/she had provided you with a written statement agreeing to pay for earned, but unused time. If you feel that you met the terms and conditions provided in the employer's written statement of benefits, but did not receive payment, you may complete a wage claim form.

If I Work A Holiday Am I Entitled To Time And A Half?

Tue, 29 May 2007 21:19:00 GMT

Not necessarily. Holidays and Sundays are normal work days insofar as wage and hour laws are concerned, unless your employer has a written agreement stating otherwise.

If I Work More Than 40 Hours A Week Do I Automatically Get Overtime Pay?

Tue, 29 May 2007 21:19:00 GMT

Some businesses are not required to pay overtime. However, if, in any one workweek, you are engaged in interstate commerce (such as doing credit card transactions); or, if the business has an annual gross volume of sales in the amount of $500,000 or more, you should contact the Federal Wage and Hour Office in Burlington at 8029516283 or in New Hampshire at 6036667716.

Is It Legal For My Employer To Change The Hours On My Time Card?

Tue, 29 May 2007 21:19:00 GMT

Vermont law does not cover time cards. Time cards are considered a means for an employer to obtain actual hours of work for the payroll. Payroll records, by law, must show accurate hours of work. You may wish to contact the Federal Wage and Hour Office in Burlington at 8029516283 or in New Hampshire at 6036667716 in reference to the provision of the Fair Labor Standards Act regarding time clocks.

Is My Employer Required To Provide Me With Rest Periods Or Lunch Breaks?

Tue, 29 May 2007 21:19:00 GMT

No, neither Vermont nor Federal law requires that an employer provide these. Rest periods and lunch breaks are provided at the discretion of the employer or under the terms and conditions of a bargaining agreement, such as a union contract. There is also no restriction (except for child labor purposes) on the number of hours and days an employee may be made to work without a rest period.

Is There A Minimum Number Of Employees I Must Have Before Vosha Has Jurisdiction?

Tue, 29 May 2007 21:19:00 GMT

In most cases there is no minimum number of employees. In agriculture and certain nonhazardous industries, the minimum is 10.

Is There Anyone Who Can Provide Training For My Employees On Workplace Hazards?

Mon, 04 Jun 2007 21:51:22 GMT

The consultative and training division will do this for you. They can be reached at 18002872765.

My Employer Let Me Go And Did Not Give Me Any Reason (Or Gave Me An Unfair Reason). What Can I Do?

Tue, 29 May 2007 21:19:00 GMT

If you were discriminated against based on age, sex, race, creed, national origin, physical or mental impairment, pregnancy or sexual preference, you should contact the Civil Rights Division of the Attorney Generals Office at 8028283657. For any other reason you must consult with a private attorney.

What Determines Overtime Hours?

Tue, 29 May 2007 21:19:00 GMT

Overtime is usually based on more than 40 hours of actual work per week. Benefit hours are separate and should be shown as separate in the payroll records. For example, if you actually worked 36 hours in a workweek and had 8 hours off, paid for a holiday, you are NOT entitled to overtime.

What Does The Project Worksafe Consultation Service Cost And Who Is Eligible?

Tue, 29 May 2007 21:19:00 GMT

Consultation services are already paid for with your tax dollars and there are no additional charges. Vermont employers with 250 or less employees on site or 500 employees corporatewide are eligible for fullservice consultation. Limited services are also available to larger companies.

What Is The Current Minimum Wage For Waitpersons?

Tue, 29 May 2007 21:19:00 GMT

As of January 1, 2001, the minimum wage for waitpersons is $3.44 per hour, with a maximum tip credit allowance of $2.81.

What Is The Project Worksafe Consultation Service All About?

Tue, 29 May 2007 21:19:00 GMT

The Vermont Project WorkSAFE Consultation service is designed to help both employers and employees prevent workplace injuries and illnesses by:

Guiding the employer in the development of a fully functional safety and health program which addresses the areas of management leadership, employee participation, workplace analysis, hazard prevention and control and training. This is in addition to assisting with the VOSHA required written programs.
Identification of physical hazards which may involve machine guarding; fire and flammable materials; electrical; material handling and storage; falls; personal protective equipment; and, other hazards.
Identification and monitoring of health exposure hazards, such as noise, and toxic air contaminants such as organic vapors, metal fumes, silica, harmful dusts and other substances.

The Vermont Department of Labor does not assess fines or penalties. Our service allows an employer to benefit from professional assistance which covers the same regulations followed by Federal OSHA.

What is the minimum wage in Vermont?

Tue, 29 May 2007 21:19:00 GMT

The state minimum wage is $8.06 per hour.

Where Can I Get Information On Health Hazards, Such As Chemical Exposures, Asbestos, Indoor Air Quality, Or Blood-Borne Pathogens?

Tue, 29 May 2007 21:19:00 GMT

Contact VOSHA at 18002872765.

Who Is Covered By Vermont's Occupational Safety And Health Administration (Vosha)?

Tue, 29 May 2007 21:19:00 GMT

All employers that have employees and all employees of corporations are covered by VOSHA.

Will A Consultation Lead To A Vermont Osha Inspection?

Tue, 29 May 2007 21:19:00 GMT

All information is kept confidential. The only time Vermont OSHA is contacted is on the rare occasion a company refuses to correct serious hazards within a reasonable period of time, but only after Project WorkSAFE has made every attempt to work with the company to eliminate the hazard.

Will A Vosha Enforcement Officer Be Sent Out As A Result Of This Call?

Mon, 04 Jun 2007 21:51:22 GMT

No. Employers that request a consultation visit will not be scheduled for a compliance inspection.

Will Consultants Require Access To All Areas During A Consultation Visit?

Mon, 04 Jun 2007 21:51:22 GMT

As the employer, the decision is yours. Although most employers prefer a comprehensive survey, you may request a visit for specific areas or technical assistance. Also, you may alter the scope of your request or terminate the visit at any time. Project WorkSAFE consultants can only visit your site by invitation.

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