Practical HR Tips, News & Advice. Updated Daily.
What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow. Employer’s Promise (Designation) Must Be Kept Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation […]
The U.S. Supreme Court will decide whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees, it announced July 1. The court agreed to review Young v. United Parcel Service, Inc., a case from last year in which the 4th U.S. Circuit Court of Appeals ruled that a corporate policy that does not include […]
It is generally in your best interest to capture all absences that are Family and Medical Leave (FMLA)‐related, says consultant Kristi McKinzey, PHR. She offers four common hazards employers face when they don’t track all absences.
“Every spring, as college students nationwide prepare for finals and pull all-nighters to wrap up their spring semesters, many simultaneously ramp up their search for the perfect internship,” says Laura Fortman, principal deputy administrator of the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) in a blog. “The WHD understands that these “foot-in-the-door” […]
In early 2013, the California Court of Appeals ruled in favor of an employee in a so-called “mixed-motive” case (when an employer has both unlawful and legitimate reasons for taking an adverse employment action) brought under the state Fair Employment and Housing Act (FEHA).
Yesterday, we looked at the case of a California employee, Lorena Alamo, who successfully established that her termination was due to improper “mixed motives” (the employer had both unlawful and legitimate reasons for the firing).
Special from SHRM’s Employment Law and Legislative Conference Hobby Lobby is a large (3 billion plus) privately held organization with over 600 stores across the country. The company’s philosophy is imbued with the religious views of its founder David Green. For example, the number one operating principle listed on their website is “Honoring the Lord […]
Special from SHRM’s Employment Law and Legislative Conference Hobby Lobby is the case to watch on this session’s Supreme Court docket, says noted author Jeffrey Toobin. Individuals have religious freedom, of course, Toobin says, but do corporations? Hobby Lobby is a large (3 billion plus) privately held organization with over 600 stores across the country. […]
In Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court ruled that, at least in this case, action by the employer to offer a settlement “mooted” the collection action, says Brinkerhoff. (A case is “moot” when the issue has been resolved, and the case is no longer “live.”) Brinkerhoff, who is an associate in the […]
FLSA litigation is heating up, and partly for that reason, it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, who is an associate in the law firm Holland & Hart LLP in Las Vegas, offered tips on wage/hour compliance at the Advanced Employment Issues Symposium, held recently in Las Vegas. To add insult to injury, about 50 […]