California employers must comply with the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and, if there is a conflict, follow the law that is most beneficial to employees. This article provides tips on how to satisfy your medical certification obligations under those statutes.
Having children is a momentous occasion for anyone and often means big changes in one’s personal life. But for those of us in the working world, our personal lives are often inexorably intertwined with our work lives.
On March 14, 2019, the U.S. Department of Labor (DOL) issued a new opinion letter addressing whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave. The issue often arises when employees who need time off ask to use their paid leave first and advise the employer that they […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]