Practical HR Tips, News & Advice. Updated Daily.
By Susan Schoenfeld, JD In February 2016, the U.S. Department of Labor (DOL) published its notice of proposed rulemaking (NPRM) to implement Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors. EO 13706 requires parties that enter into covered contracts with the federal government to provide covered employees with up to 7 days […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the three-prong test used to determine FMLA eligibility.
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other. In these cases, it is important to know which law takes precedence, or “trumps,” the other.
By Michael P. Maslanka, JD It’s crucial that employers take the time to accurately state the reason for an employee’s termination. Not doing so may expose you to liability later. For a recent case that illustrates that basic principle, read on.
By Susan Schoenfeld, JD Vermont is the latest state to join the growing tide of paid sick leave laws in the states and numerous local ordinances across the country. In February 2016, the Vermont legislature passed a bill that, when effective, will require employers to provide employees up to 3 paid sick days per year […]
I have an employee who has FMLA for headaches. She said she can no longer work more than 8 hours a day. She has also requested to be changed to a different shift and department, saying that is easier on her eyes/for her headaches. We do not have any openings on the shift she requested. […]
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know […]
By Mika Shadid Tucker, JD You must carefully consider the timing when you execute certain employment decisions that affect an employee who recently exercised her FMLA leave rights. Implementing a previously contemplated adverse employment action isn’t discrimination as long as the FMLA leave wasn’t a motivating factor.
By Susan Schoenfeld, JD In early 2016, the Wage and Hour Division of the U.S. Department of Labor (DOL) released an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). In conjunction with this release, the DOL also issued a new fact sheet […]
My organization has its corporate headquarters in Connecticut and has 50 employees. However, the total company size is much larger (over 700 employees) with locations in several states. Do we have the option of not following the Connecticut leave law because we fall below the 75 employee threshold for coverage?