Tag: Ford Harrison

December 30 Deadline Looms in Vote for Top ‘Blawg’

Time is running out to cast your votes in the ABA Journal’s fifth Annual Blawg 100 contest to choose the most popular law blogs. To vote for your favorites, go to abajournal.com/blawg100 by December 30. The blogs are divided into 12 categories, and voters are allowed 12 votes. But you are allowed to vote more […]

Donning and Doffing Uniforms at Home May Not Be Compensable

by Chris McFadden Under the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing uniforms if they are required to do so at work. A recent ruling by the Ninth U.S. Circuit Court of Appeals addresses the compensability of time spent donning and doffing uniforms and gear […]

Was Termination Because of Poor Performance or Age Discrimination?

by Isabella Lee The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case […]

Calculating How Much FMLA Leave an Employee Has Available

As we all know, the Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with 12 weeks of unpaid leave during a 12-month period. Employers are allowed to define the 12-month period any way they wish — much like they are entitled to define the seven-day period that comprises a workweek […]

IT Exec’s FMLA Leave Not a ‘Fire’wall

Employers are often hesitant about taking adverse action against employees who are on Family and Medical Leave Act (FMLA) leave, even when there is good reason to do so. But employees aren’t entitled to any right, benefit, or position of employment that they wouldn’t have been entitled to if they hadn’t taken FMLA leave. A […]

Managing Employee Health Insurance Premiums under Revised FMLA Regulations

When an employee takes unpaid Family and Medical Leave Act (FMLA) leave, how do you legally manage his share of premiums for group health care coverage under the new FMLA regulations? What are the potential liabilities, and how can you avoid them? What are an employer’s rights? The answers to those questions are provided below. […]

Editor of Texas Employment Law Letter Reflects on Letterman Saga

In the wake of the recent scandal involving late-night host David Letterman, Mike Maslanka, editor of Texas Employment Law Letter, provides advice on how to deal with the relationship dynamics between the top brass and their subordinates in his latest podcast. A top boss must never become romantically involved with a subordinate, says Maslanka. In […]

Workers Who Lied About Violating Company Rule Fired, One Who Told Truth Keeps Job

You have several employees you’ve caught red-handed violating a company rule that your employee manual says may justify termination for a first offense. When questioned, one admits to the wrongdoing; the others deny it. Can you fire the employees who lied but retain the other employee with a lesser disciplinary measure? According to a recent […]

Addressing the Needs of an Aging Workforce

by Isabella Lee After falling for more than a century, the retirement age of American workers is on an upward trend. According to a recent survey, 43 percent of Americans believe they will have to work during their retirement. Many baby boomers plan on staying in the workforce past retirement for a variety of reasons: […]

Legislation Introduced to Revise the FMLA

Apparently, Congress isn’t done expanding the Family and Medical Leave Act (FMLA.) Just a few weeks ago, two different bills were introduced in the U.S. House of Representatives that would expand the scope of the Act. FMLA Compliance Manual, including a quarterly compliance bulletin with updates on the FMLA Specifics of proposed legislation On April […]