Since Election Day, prognosticators and pundits have been speculating about how the Trump Administration’s actions will impact existing laws and regulations. Now that President Trump and his team have hit the ground running, what can we expect from the Department of Labor (including OFCCP), the EEOC and the President’s own executive actions in the areas
Employee’s “Alternative Facts” Can’t Overcome Summary Judgment for Employer
As the week begins with new lexicon coming out of our nation’s capital, a recent federal court of appeals ruling reminds us that, in most situations, it’s the employer’s assessment of the facts, not the employee’s “alternative facts,” that matter when deciding the appropriate punishment for employee performance or misconduct issues. And, perhaps more importantly,
A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You
A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in Wink v. Miller Compressing Company highlights, making abrupt changes in leave accommodations or providing misinformation about leave
Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice
We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice? On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt. In Antoine v. Amick Farms, LLC the plaintiffs claim that a class of employees
Is it a New Leave Year?
As the clock struck midnight on December 31, 2016, employees across the United States were celebrating. While most were celebrating the coming of the New Year (or perhaps, more likely, good riddance to 2016), some employees were celebrating because January 1, 2017, brings with it a new allotment of FMLA leave days. If your employees
What Am I Doing Wrong?? Common FMLA Mistakes.
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the fourth in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Counting FMLA-protected absences against an employee.
Accurately tracking or coding FMLA
Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?
Perhaps not, according to the First Circuit Court of Appeals. Not all retaliation is the same, the court reminds us in its December 14, 2016 decision in Chase v. U.S. Postal Service. Evidence that a supervisor retaliated because of an employee’s workers’ compensation claim does not itself prove the supervisor also retaliated because the employee took concurrent leave under the Family and Medical Leave Act (FMLA). Mocking an employee’s allegedly fake injury does not necessarily show hostility toward use of FMLA leave.
Continue Reading Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?
Is Santa Claus a Key Employee?
At North Pole Enterprises, the company’s entire existence is dependent upon a single delivery on the night of December 24. On December 23, Santa Claus, the only licensed delivery driver at North Pole Enterprises, injures his back while loading packages in his “truck.” Later that day, Mr. Claus contacts the Human Resources Department at North
What Am I Doing Wrong? Common FMLA Mistakes.
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the third in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Failing to restore an employee returning from FMLA leave to an
What Am I Doing Wrong?? Common FMLA Mistakes.
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the second in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Not recognizing employee notice of the need for FMLA leave.
Recognizing