DOL Offers Updated Version Of FMLA Advisor

According to an email sent by the U.S. Department of Labor today:

The U.S. Department of Labor recently released an updated version of its Family and Medical Leave Act (FMLA) Advisor. The FMLA Advisor has been updated to reflect the expansions of FMLA protections that became effective on March 8, 2013. The Family and Medical Leave Act was amended to provide families of eligible veterans with the same job-protected FMLA leave currently available to families of military service members and allow more military families to take leave for activities that arise when a service member is deployed. The expansions also address the application of the FMLA to airline personnel and flight crews.

You may access the updated Family and Medical Leave Act Advisor from the DOL web site at: http://www.dol.gov/elaws/fmla.htm.

The Family and Medical Leave Act is a Federal law that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified reasons with continuation of group health insurance coverage under the same terms and conditions as if they had not taken leave. Examples of specified reasons include caring for a newborn or recently adopted child or a family member with a serious health condition, or an employee’s own serious health condition.

The Family and Medical Leave Act (FMLA) Advisor was developed by the U.S. Department of Labor’s Wage and Hour Division. Itis one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed by DOL to help employers and employees understand federal employment laws and resources.  To access it, visit the elaws Web site at www.dol.gov/elaws.

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Failure to Accommodate Upheld by 4th Circuit

The Fourth Circuit recently affirmed that a construction contractor company did not violate Title VII when it terminated an employee that could not work on Saturdays for religious reasons.  (EEOC v. Thompson Contracting, Grading, Paving & Utils., Inc., Case No. 11-1897, October 23, 2012.)  More after the break.

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California Court of Appeal Affirms Summary Judgment in Favor of Employer

In McGrory v. Applied Signal Technology, Inc., a California Court of Appeal recently affirmed summary judgment in favor of an employer against the employee’s claims for gender discrimination, retaliation, and defamation.  More after the break.

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Recent Jury Verdicts and Settlements

Our latest update on recent employment law jury verdicts and settlements after the break.

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New FMLA Regulations Effective March 8, 2013

Employers covered under the Family and Medical Leave Act (“FMLA”) will be required to comply with new regulations recently issued from the U.S. Department of Labor (“DOL”), effective March 8, 2013.  The majority of the new regulations concern FMLA’s military leave and the Airline Flight Crew Technical Corrections Act.  There are, however, a few regulations that are generally applicable.  More after the break.

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OSHA Annual Summary Posting Due

For those businesses required under the Occupational Safety & Health Act (“OSHA”) to keep records of workplace accidents and injuries, be sure you have posted your annual summary.  The summary should conform to OSHA Form 300A and must be posted in a conspicuous place for employee viewing.  More after the break.

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EEOC Verdicts and Settlements — January 2013

Our update on EEOC verdicts and settlements for January 2013 is after the break.

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DOL Seeks Comments On Independent Contractor Misclassification

On January 11, 2013, the DOL requested comments on a public survey designed to look at worker classification and gain an understanding of workers’ knowledge of employment laws regarding classification of workers as employees or independent contractors.  More after the break.

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DOL Issues New FMLA Forms and Poster

The Department of Labor has just released updated standard FMLA forms.  More after the break.

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DOL Clarifies FMLA Leave To Care For Adult Children

In an interpretation released on January 14, 2013, the U.S. Department of Labor clarified the requirements for a parent’s eligibility for leave to care for an adult child under the Family and Medical Leave Act (“FMLA”).  In doing so, the Department effectively broadened the scope of FMLA coverage.   Consequently, employers could see a rise in FLMA leave requests.  More after the break.

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EEOC Identifies Enforcement Priorities

On December 17, 2012, the EEOC released its Strategic Enforcement Plan, in which it identified six major priorities for its enforcement efforts over the next four years.  More after the break.

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NY Wage Theft Prevention Act Notices

The New York State Wage Theft Prevention Act (“WTPA”) requires that by February 1, 2013, employers provide New York employees with written notice and acknowledgment of pay rate and payday.  More details after the break.

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EEOC’s Use Of Visual Race Raters Rejected By Court

In Equal Employment Opportunity Commission v. Kaplan Higher Learning Edu. Corp. et al, the United States District Court in the Northern District of Ohio recently granted summary judgment in favor of an employer and against the EEOC.  The EEOC claimed that the employer’s use of credit reports in the hiring process had an unlawful disparate impact on Black applicants.  In granting summary judgment, the district court rejected the attempt of the EEOC’s expert to use visual “race raters” as evidence of the applicants’ race to support the EEOC’s disparate impact claim.  More after the break.

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DOL Releases FMLA Survey Claiming That Employers Find It Easy To Comply With The Law

The U.S. Department of Labor released the results of a survey today called Family and Medical Leave Act in 2012: Final Report.  More on this interesting survey after the break.

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Mandatory Park And Ride Scheme Not Compensable Work Time Under FLSA

On January 11, 2013, the U.S. Court of Appeals for the Fifth Circuit found that an employer’s refusal to pay employees for travel time incurred during a mandatory park and ride scheme was not a violation of the Fair Labor Standards Act (“FLSA”) and affirmed summary judgment in favor of the employer.  The mandatory scheme was not integral and indispensable to the employee’s jobs.  More after the break.

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