Tag: JD

FMLA: When Absences and Certifications Don’t Match Up

By Susan Schoenfeld, JD In cases where an employee’s absences are not supported by his or her medical certification, an employer should consider recertification. An employer may request recertification of an employee’s serious health condition no more often than every 30 days unless one of the specific exceptions discussed below applies.

Recent Enforcement Cases Signal Continued Enforcement Focus on Pay, Hiring

By Susan Schoenfeld, JD The Office of Federal Contract Compliance Programs (OFCCP) recently announced a number of settlements in enforcement cases against federal government contractors demonstrating a continued emphasis on pursuing systemic hiring and pay discrimination claims against government contractors. Settlements cost ranged from $165,000 to $1.8 million and required the affected contractors to take […]

Lunch Breaks Can Give Employers Indigestion

By Michael P. Maslanka, JD The question of whether lunch breaks are compensable recently surfaced in a case from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas). The court’s decision is instructive and provides a timely reminder that the Fair Labor Standards Act (FLSA) is fraught with danger.

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.

7th Circuit Lacks Conviction for Police Officer’s ADA Claim

By Kelly Smith-Haley, JD Under the Americans with Disabilities Act (ADA), employers may be required to offer reasonable accommodations to qualified employees. A recent opinion from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—reminds employers that when it comes to providing a reasonable accommodation, it doesn’t have to result in highway […]

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 […]