Tag: leave policy

Federal Government Cracking Down on Hiring and Pay Discrimination

By Susan Schoenfeld 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. Settlement costs ranged from $165,000 to $1.8 million and required the affected contractors to take action in hiring and […]

Reasons Your Turnover Is High

As unemployment levels continue to inch ever lower, turnover levels continue to be a growing concern for employers. We all know that turnover comes with costs, including recruiting and training costs, lost productivity, and increased short-term costs like overtime for other employees—all of which can add up quickly. And none of this takes into account […]

Manager Fired While on Leave May Have Interference Claim

By Tara Eberline, JD In addition to giving employees the right to job-protected leave, the Family and Medical Leave Act (FMLA) provides two avenues of relief for an employee when his employer doesn’t comply with its obligations under the law. Read the following article to learn about the distinctions between FMLA interference and retaliation claims […]

Federal Court: Allow Clarification to Avoid FMLA Interference

By Jeffrey A. Gruen  The U.S. Court of Appeals for the 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice […]

Joint Employment under the FLSA, MSPA, and FMLA

By Susan Prince, JD, M.S.L. A joint employment relationship and the responsibilities that go with it can be very confusing for employers. Just establishing whether or not a joint employment relationship even exists can be a point of contention. Therefore, on January 20, 2016, the federal Department of Labor’s (DOL) Wage and Hour Division (WHD) […]

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.

What is the WARN Act?

Closing down a plant or laying off employees is a big decision for an organization, and it directly impacts the lives of all of the employees involved. Giving employees ample notice of such a transition is the idea behind the Worker Adjustment and Retraining Notification (WARN) Act.

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 […]