Tag: Miller Martin

5 More Tips on How to Train Supervisors to Administer FMLA

How do you deal with the supervisor who appears to be on a “personal crusade” to “eradicate all Family and Medical Leave Act (FMLA) abuse”? What about the supervisor who likes to pretend he doesn’t know that FMLA leave exists? Read on to find out. 1. Prohibit negative comments about FMLA leave both in general […]

Do You Know These 5 Tips for Training Supervisors on How to Administer FMLA?

How do you deal with the supervisor who appears to be on a “personal crusade” to “eradicate all Family and Medical Leave Act (FMLA) abuse”? What about the supervisor who likes to pretend he doesn’t know that FMLA leave exists? Read on to find out. Training and Communication Are Key The FMLA can be complicated—and […]

Early Retirement Plans: Win-Win IF You Follow Rules

ERIPs are a win-win, the attorneys say, because: Employers benefit from reducing wages and other costs associated with senior workers, and avoid the negativity associated with a RIF Employees benefit because a portion of that cost savings is passed to retiring workers who can retire earlier than they otherwise might. Anderson, a member of Miller […]

Eject Him! Attorneys Say JetBlue Shouldn’t Let Employee’s Tirade Slide

By now, most people have probably heard about Steven Slater, the JetBlue flight attendant who became America’s newest so-called “folk hero” after he told off a difficult passenger, grabbed a beer, and exited a plane via the inflatable emergency chute. We decided to ask several employment law attorneys — all members of the Employers Counsel […]

Can an Employer Deny FMLA Leave After Mistakenly Telling Employee He Is Eligible?

by Daniel B. Gilmore If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and […]

Proceed with Caution When Rehiring Laid-Off Employees

by Kara Shea One hopeful sign that our economy is perhaps inching back in the right direction is the number of calls I’ve received in recent weeks from clients inquiring about hiring back employees let go during a reduction in force (RIF). Some employers have told me they’re contemplating bringing back certain positions, or even […]

Former National Guardsman Prevails on Reemployment Claims Against Employer

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides, at its core, reemployment rights for employees returning from military service and protection from employment discrimination following reemployment. Last month, the U.S. Court of Appeals for the Sixth Circuit clarified that a qualified service member’s reemployment rights can’t be delayed or otherwise limited […]

Correctly Classifying IT Employees As Exempt or Non-exempt

by Kara Shea I’m often asked to give advice about whether employees are exempt from the overtime requirements of federal law. I have to say that it’s a pretty easy call about 70 percent of the time. But then there’s that troubling 30 percent of jobs that give my clients (and, truth be told, yours […]

Reducing the Risk of Wrongful Discharge Claims During Layoffs

by Kara Shea In a previous article, I discussed the risks of some of the methods employers use to forestall layoffs (such as adjusting hours and compensation). This week, I’m going to assume the worst has happened and talk you through a layoff scenario, with the goal of reducing the risk of wrongful discharge claims […]

Legal Issues When Reducing Employees’ Hours, Wages

by Kara Shea We’ve received many questions lately from employers facing tremendous pressure to reduce their operating expenses. Some proposed cost-cutting efforts implicate various employment laws. Since things may get worse before they get better, I’m undertaking a series of articles to address some of the issues you may encounter in the months ahead. I’ll […]