Tag: employer

10th Circuit Upholds Dismissal of FMLA Claim Based on ‘Prejudicial’ Evidence

In a recent case, a federal district court judge excluded three pieces of evidence that a fired employee claimed helped prove his allegation that his employer, SAIA Motor Freight Line, LLC, interfered with his Family and Medical Leave Act (FMLA) leave by terminating him. The evidence was excluded, the jury found in favor of the employer, and the case was dismissed.

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No FMLA Bias in Termination of Letter Carrier, 1st Circuit Rules

The U.S. Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—recently ruled in favor of the U.S. Postal Service (USPS) after it terminated an injured letter carrier who was out on leave. Although the employer escaped liability in this case, the facts clearly reveal that it wasn’t for lack […]

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Meal and Rest Period Class Should Have Remained Certified

On November 21, 2016, the California Court of Appeal for the 2nd Appellate District determined that it was improper for a trial court to grant an employer’s motion for decertification of class claims that it failed to provide employees proper meal and rest periods and related wage statements.

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Types of Flexible Work Arrangements

Does your workplace offer any type of flexible work arrangements for employees? Or are your employees requesting more flexible options? With ever-improving technology, more and more jobs can be performed from any location, which opens up a lot of options for employers looking to provide this sought-after benefit for employees. What options are most common?

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Ask the Expert: Can We Refuse to Pay Unauthorized Overtime?

Question: Can an employer refuse to pay an employee for time worked and/or overtime, if employee did not clock in for this time worked? Can an employer refuse to pay an employee for overtime, if company policy clearly states that overtime must have prior approval?

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Mock Robbery as Posttraining Exercise Leads to Lawsuit

Posttraining exercises provide opportunities for employees to apply what they learned in training and for management to gain insight into ways to improve future trainings. However, those exercises must be carried out in such a way that no one gets injured—physically or psychologically.

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