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This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the second area of the three-prong test used to determine FMLA eligibility, the minimum hours requirement.
We have an employee who is nearing the end of her 12 weeks of FMLA. The employee is by definition a key employee. At the time she went on leave, the workplace wasn’t experiencing any changes or growth or the need to replace the position. Therefore, we did not communicate to her that there was […]
Yesterday’s Advisor explored employer responsibilities when it comes to joint employment. Today we’ll take a look at the responsibilities of the secondary employer.
Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division published an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). They also released a new fact sheet on the Family and Medical Leave Act (FMLA) and joint employment.
By Laurie Jirak, The Murray Law Group, P.C. The U.S. District Court for the District of Minnesota recently had to decide whether a railroad’s decision to terminate just one employee in a reduction in force was an unlawful retaliation against the employee for exercising his Family and Medical Leave Act (FMLA) rights.
By Martin J. Regimbal, The Kullman Firm Be careful if you take an adverse action against an employee who is using or has recently used FMLA leave. Claims of retaliation based on an employee’s protected leave are common under the FMLA. You must use the same care when you terminate someone who has exercised his […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the first area of the three-prong test used to determine FMLA eligibility, the minimum service requirement.
By Susan Schoenfeld, JD In February 2016, the U.S. Department of Labor (DOL) published its notice of proposed rulemaking (NPRM) to implement Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors. EO 13706 requires parties that enter into covered contracts with the federal government to provide covered employees with up to 7 days […]
By Susan Schoenfeld, JD In February 2016, the U.S. Department of Labor (DOL) published its notice of proposed rulemaking (NPRM) to implement Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors. EO 13706 requires parties that enter into covered contracts with the federal government to provide covered employees with up to 7 days […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the three-prong test used to determine FMLA eligibility.