Practical HR Tips, News & Advice. Updated Daily.
As covered in the last installment of this article series on FMLA notice requirements, every employer covered by the Family and Medical Leave Act (FMLA) is required to post an FMLA general notice explaining the FMLA’s provisions and providing information regarding the procedures for filing complaints of FMLA violations to U.S. Department of Labor’s (DOL’s) […]
By Peter Susser and George Wood, Littler Mendelson, P.C. You have spent weeks agonizing over the Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime rule, ultimately determining that you will need to move a number of employees from exempt to nonexempt status to remain complaint. Feeling good about your work, you kick […]
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 […]
In Illinois, employees soon will be able to use their sick days to care for family members.
By Kate McGovern Tornone, Editor A recent ruling by the 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has found that an employee who cannot explain discrepancies between her Americans with Disabilities Act (ADA) accommodation request and her Social Security Disability Insurance (SSDI) application cannot bring a disability discrimination claim against her employer.
By Kate McGovern Tornone, Editor Employers in California are ahead of the national average when it comes to paid family leave policies, according to the Society for Human Resource Management (SHRM). Nationwide, 18% of employers offer that benefit; in California, 35% of employers do, according to recently-released state survey results.
We’re trying to determine whether we need to include owners in the when deciding if we fall under FMLA. We have 3 owners who are not in payroll (K-1) and 48 employees in payroll (W-2). Do owners count as employees for FMLA?
Our company’s policy is that employees need to average 35 hours per week in the previous year to qualify for vacation time. Do weeks taken as unpaid FMLA count as “0 hour” weeks in the calculation of average hours worked, or should they be excluded when we determine vacation benefits?
By Kate McGovern Tornone, Editor While courts have held that various employer actions may constitute retaliation under federal employment laws, coworker “discourtesies” do not rise to that level under the Family and Medical Leave Act (FMLA), a federal judge ruled recently.
A record number of private-sector employees—64%—now have access to paid sick leave, according to the latest figures from the U.S. Department of Labor’s (DOL) Bureau of Labor Statistics (BLS). That number is up from 61% last year and represents the highest number in history, DOL’s chief economist, Heidi Shierholz, says. And that jump was almost […]