Tag: FMLA

FMLA Leave: Tom Brady Plays Through the Pain–Why Can’t You?

It’s no-pain, no-gain for Tom Brady, but pressuring employees to work while injured may violate the Family and Medical Leave Act (FMLA). Love him or hate him, you have to give it to Tom Brady–the man is dedicated to his sport. Last week, he was called upon once again to play through the pain and […]

Print

When Weather Affects Your Business and Employees

Raise your hand if your business has not been disrupted by the weather in 2011. In the past two months, large parts of the Southeast and Midwest have been reeling from record numbers of devastating tornadoes; the West Coast had tsunami warnings following the earthquake in Japan; and the Mississippi River and its tributaries have […]

Print

DOL Provides Crucial New Information on Lawyer Referral Program

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]

Print

Top 10 Potential Perils of Employment Policies

Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies […]

Print

Why Bedbugs Draw Swarm of Plaintiff’s Attorneys

Third of four parts When bedbugs invade your office, factory, or other building, they aren’t the only pests employers will be feverishly wanting to get rid of. The other dreaded workplace pestilence — plaintiffs’ attorneys — may not be far behind, scratching around for an opportunity to file bug-related litigation for any number of reasons. […]

Print

Debunking Common FMLA Myths

by Joseph C. Pettygrove The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual […]

Print

Note to Supervisor: Consult HR before Approving FMLA Leave

We all know that an employee need not specifically state that she requires a leave of absence under the Family and Medical Leave Act (FMLA). What we don’t know is how much (or how little) an employee has to say in a particular situation to put the employer on notice that she is seeking FMLA […]

Print

Individual Liability for Wage and Hour Claims

by Kara E. Shea I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability […]

Print

Must an Employer Grant Permanent Intermittent FMLA Leave?

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the  horizon. FMLA Complete Compliance Perception may be reality . . . In February 2007, Charlene Wisbey […]

Print

Trying to Go Paperless? Guidelines for Electronic Personnel Documents

by Joseph C. Pettygrove Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and […]

Print