Tag: compliance

Expect More On-Site FMLA Investigations in 2016

By Susan Schoenfeld, JD U.S. Department of Labor (DOL) Family and Medical Leave Act (FMLA) Branch Chief Helen Applewhaite recently promised that the DOL would be conducting stepped-up FMLA enforcement, including more on-site visits by federal investigators—she delivered.

Cutting-Edge Policies Your Candidates Will Inquire About

Today’s candidates are likely to ask about your policies regarding such things as phone use, internet access, and more. The culture is changing, and so must your organization’s policies. In today’s Advisor, attorney Allan H. Weitzman shares guidelines for cutting-edge policies. Weitzman, a partner with Proskauer Rose LLP, offered his tips at the Society for […]

What is the WARN Act?

Closing down a plant or laying off employees is a big decision for an organization, and it directly impacts the lives of all of the employees involved. Giving employees ample notice of such a transition is the idea behind the Worker Adjustment and Retraining Notification (WARN) Act.

2016—HR Under Siege

Yesterday’s Advisor presented tips from a distinguished panel of employment law experts on the “perfect storm” that’s brewing for HR in 2016. Today we present more, including NLRB’s aggressive march into HR territory. Attorney John Husband, with Holland & Hart LLP, moderated the panel at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. […]

An FMLA Primer: Hindsight Is a Serious Health Condition

By Al Vreeland, JD The Family and Medical Leave Act (FMLA) is one of the more difficult laws for employer compliance. The regulations are long and convoluted and filled with traps for employers. And now, in a case from the U.S. 11th Circuit Court of Appeals (which covers Alabama, Florida and Georgia), we learn that […]

FMLA Certifications: What You Need to Know

By Marylou Fabbo, JD The moment every supervisor and HR professional dreads … an employee comes into their office and says they want (or need) to take FMLA leave. The knee-jerk reaction may be to approve the leave in order to avoid a possible claim of FMLA interference or retaliation, but denying a request for […]

2016—Perfect Storm for HR

From recruiting to termination, 2016 is looking like the perfect storm for HR, says Attorney John Husband, whose panel opened the Advanced Employment Issues Symposium held recently in Las Vegas. Husband, with Holland & Hart LLP, was joined by Attorneys Mario Bordogna of Steptoe & Johnson PLLC, William Bowser of Young Conaway Stargatt & Taylor […]

What is Leave Sharing or Leave Donation?

Have you heard of a leave donation or leave sharing program? In this type of program, employers allow employees to donate some of their accrued paid leave time to other employees who have already used all of theirs but who need additional hours or days to cover an emergency.

For Long-Term Medical Leaves, Communication Is Key

You must be careful when you craft and enforce policies addressing prolonged absences. Even when an employee has exhausted her statutorily protected leave, you should consider offering additional leave as a reasonable accommodation unless you can demonstrate that you would suffer an undue hardship because of the continuing absence.