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.
Seyfarth Shaw LLP has released its 13th annual edition of the Workplace Class Action Litigation Report, which offers a complete guide to complex workplace-related litigation. In this year’s report, Seyfarth analyzed 1,331 class action rulings on a circuit-by-circuit and state-by-state basis to capture key themes from 2016 and emerging litigation trends facing U.S. companies in […]
By John Herrington The requirements imposed by the Family and Medical Leave Act (FMLA) often present administrative difficulties for HR personnel. Indeed, the FMLA gives employees who request and take leave plenty of advantages and provides significant penalties for employers that fail to comply with their obligations under the Act.
Question: We have an employee on short-term disability (STD) with a doctor’s note stating he is not fit to return to work. However, we have recently learned the employee is performing work around his farm. Is there anything we need to be doing differently administratively?
One of the biggest Family and Medical Leave Act (FMLA) frustrations for employers is what to do with an employee who appears to be abusing the law’s protections or, even worse, fraudulently using approved leave for non-FMLA purposes.
Question: We have an employee who is currently on FMLA leave, has a brain tumor, and has been cleared by her doctor to work part time. can we ask the employee to sign a waiver in case anything happens to her while at work?
We have an employee who would like to take FMLA leave to care for his father who has been diagnosed with cancer. Does the employee have to be deemed his father’s “primary caregiver” in order to use FMLA for this purpose?
Any program or law designed to help someone is virtually guaranteed to be abused, and the Family and Medical Leave Act (FMLA) is no exception. You’d think the fact that FMLA leave is unpaid would cut down on abuse, but there still are people who will try to play the FMLA system to protect their […]
This article series will cover managing medical certifications under the Family and Medical Leave Act (FMLA). In the last installment we covered the authentication, clarification, and second opinions surrounding medical certification, here we’ll go over recertification. The FMLA regulations offer procedures for recertification.
This article series covers managing medical certifications under the Family and Medical Leave Act (FMLA). In the previous article, we covered the how to request a medical certification, here we’ll go over authentication, clarification, and second opinions surrounding medical certification. The FMLA regulations offer procedures for authenticating and clarifying medical certifications.