Termination for FMLA Leave or Long Lunch Breaks?
By Connor Beatty, JD
Tag: JD
Calculating FMLA Leave for Shift and Variable Schedules
By Susan Schoenfeld, JD How do you calculate FMLA hours for employees such as fire personnel who work a 24-hour on-shift and a 48-hour off-shift and for police officers who work a 10-hour or 12-hour shift?
Compensation Update: Wage Statements, OFCCP Investigations, and Interviews
By Susan Schoenfeld, JD The Office of Federal Contract Compliance Programs (OFCCP) has made it well known that compensation inequality is at the top of its enforcement agenda. In its fiscal year 2016 budget, the OFCCP says it will continue to focus on systemic compensation cases where agency reviews can have the greatest impact.
Employer Denies FMLA Leave Based on Certification Technicality
By Shelley I. Ericsson, JD The purpose of the FMLA is to allow an employee to manage a serious health condition (his own, a spouse’s, or a family member’s) without fear of losing his job. An employer cannot interfere with an employee’s FMLA rights or take action that appears to be penalizing the employee for […]
Virginia Supreme Court Addresses Lost Wages, Punitive Damages Claims
By Bill Ruhling, JD When a former employee claims wrongful termination, a common way he can establish damages is to assert that his future earning capacity was impaired.
Was Employee Fired for Taking FMLA Leave Or Insubordination?
By Jessica Arnold, JD The 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently affirmed the dismissal of a former employee’s retaliation claim under the Family and Medical Leave Act (FMLA), finding the employer’s approval of his request for intermittent leave at the time of his discharge was insufficient to establish a causal connection between […]
When Is ‘Ineligible’ Employee Covered By FMLA?
By Valeria Gomez, JD It’s no secret that the Family and Medical Leave Act (FMLA) provides leave benefits only for employees who fit the strict eligibility requirements set forth in the statute. Recently, however, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—ruled that an employer may not be […]
New EEOC Pregnancy Guidance and What the States Are Doing
By Susan Schoenfeld, JD In March 2015, the U.S. Supreme Court’s decision in the case of Young v. UPS prompted some changes in how the Pregnancy Discrimination Act (PDA) will be applied and interpreted by the EEOC.
Employers Can’t ‘Bank’ on Unlimited Authority to Deny Discretionary Bonuses
By Kelly Smith-Haley, JD
Making the Most of Recruiting Metrics
Yesterday’s Advisor began to explore some advice from Cathy Gray, JD, Senior Managing Editor of HR and Compensation here at BLR®, on recruiting metrics. Today, we’ll continue to explore how to make the most of your recruiting metrics. Quality of Hire When we look at quality of hire, we’re getting into metrics that look at […]