Archives

Family and Medical Leave: What Do We Do with an Employee Who Doesn’t Have Enough Hours for FMLA Leave but Might by the Start of the Leave?

You’d think we’d have the FMLA figured out by now, but we have two issues that we don’t know how to address. One employee has requested leave, but she hasn’t yet worked 1,250 hours and hasn’t been employed by us for 12 months. However, by the time the requested leave would begin, she would have […]

Bulletin: U.S. Supreme Court rules on ERISA case

In a unanimous decision favorable to employees, the U.S. Supreme Court recently ruled that individual 401(k) plan participants can sue plan administrators under the federal Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty. James LaRue had initiated the lawsuit after his employer failed to follow his investment instructions, which he said resulted […]

Rest Breaks: How Do We Handle Complaints About Smokers’ Breaks?

We’re a small company and we’ve been fairly lenient with rest breaks. We assumed that employees would take a 10-minute rest break in the morning and again in the afternoon, but we haven’t policed exactly how long people take their breaks. We’ve also just let smokers step outside for cigarette breaks without tracking how often […]

Meal Breaks: What Are Our Meal Period Obligations for Truck Drivers Whose Hours Are Regulated by the CPUC and the DOT?

Many of our employees are commercial truck drivers whose hours are regulated under CPUC and DOT rules. Do we need to provide meal breaks or make sure that these employees take meal breaks? CPUC and DOT rules regulate the number of hours that a driver can work per day, but are we still bound by […]

U.S. Supreme Court Set To Rule On ERISA Case

As of press time, the U.S. Supreme Court was set to rule on a case that could redefine the claims and remedies allowed under the federal Employee Retirement Income Security Act (ERISA). The lawsuit arose after a 401(k) plan participant asked the plan administrator, which was his employer, to change his elections. The participant claimed […]