To end the week, we wanted to pass along the following tidbits.
Contributed by Eric A. Welter.Posts Tagged ‘FMLA’
Tidbits
Friday, June 18th, 2010HR Managers Can Be Held Individually Liable for FMLA Violations
Monday, April 19th, 2010Read the post at the FMLA Blog here.
Contributed by Eric A. Welter.Top Ten Developments in Employment Law for HR Professionals in Virginia — #5
Thursday, January 14th, 2010The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order. Number 5: No “Magic Words” for invoking FMLA leave. More after the break.
Contributed by Eric A. Welter.Top Ten Developments in Employment Law for HR Professionals in Virginia — #6
Monday, January 11th, 2010The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order. Number 6: FMLA Final Regulations. More after the break.
Contributed by Eric A. Welter.Amusing Search Terms
Tuesday, November 17th, 2009In looking at our blog’s statistics today, I noticed several interesting search terms — “how to falsify FMLA paperwork” and “no compete contract loopholes Texas.” For those who might not be inclined to believe me, I have posted a screen shot of the stats below. Apparently both searches led to this blog. That is certainly food for thought!
Contributed by Eric A. Welter.
DOL Flu Q&A’s
Friday, November 13th, 2009According to an email update, “The Wage and Hour Division of the U.S. Department of Labor has posted information on common issues when employees get the flu and its affect on wages and hours worked under the Fair Labor Standards Act (FLSA) and job-protected leave under the Family and Medical Leave Act (FMLA). For more information, see Pandemic Flu and the Fair Labor Standards Act: Questions and Answers (PDF) and/or Pandemic Flu and the Family and Medical Leave Act: Questions and Answers (PDF).”
Contributed by Eric A. Welter.Paid Sick Leave Bill Introduced In Congress
Tuesday, November 3rd, 2009A bill requiring employers to provide up to five days of paid sick leave has been introduced in Congress in response to the H1N1 situation. The story is here. The House Committee Blog post is here. Workplace Prof Blog has a post here. We will keep an eye on the bill and post any developments.
Since this is “emergency legislation,” it calls to mind the mantra of the current Administration — “never waste a good crisis.”
Contributed by Eric A. Welter.Tidbits
Friday, September 11th, 2009Our list of tidbits starts with “bad actors”. More after the break.
Contributed by Eric A. Welter.DOL Issues Updated FMLA Opinion Letter
Friday, May 8th, 2009The U.S. Department of Labor’s Wage and Hour Division recently posted one new Administrator signed Opinion Letter designated as FMLA2009-1-A. The Opinion Letter supersedes an Opinion Letter released on January 15, 1999 designated as FMLA-101. It addresses the issue of what constitutes “reasonable notice” of FMLA leave by an employee in connection with employer attendance and no call/no show policies.
The Ohio Employer’s Law Blog has commentary here.
Please click on the following link to access all Opinion Letters from the Wage and Hour Division at:
http://www.dol.gov/esa/WHD/opinion/opinion.htm.
Contributed by Eric A. Welter.FMLA Does Not Insulate Employees From Being Terminated For Poor Performance Or Misconduct
Thursday, April 30th, 2009Two recent Seventh Circuit decisions provide employer guidance for personnel decisions involving FMLA leave employees. In short, both decisions show that an employer can, and should, discipline all employees similarly regardless of their FMLA status. More after the break.
FMLA is Biggest HR Headache According to Poll
Monday, March 30th, 2009According to a poll conducted by HR.BLR.com, the FMLA is the biggest HR headache for employers. A short report on their poll is here. More after the break.
Contributed by Eric A. Welter.Briefing on New Employment Laws
Friday, March 27th, 2009Employment Law Update: New Administration — New Laws
With each new administration comes changes to employment law. The Obama administration is making major changes that will impact your organization. This breakfast briefing will shorten your learning curve and keep you on the right side of new laws. Specifically, this event will address changes to FMLA, ADA and COBRA. More information after the break.
4th Circuit Reaffirms That Decision Makers Must Be Aware Of Protected Activity To Support Retaliation Claim
Tuesday, March 24th, 2009In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit reaffirmed its position that in order to establish a prima facie case of retaliation under the FMLA, a plaintiff must show that the persons responsible for the adverse employment action were aware that the plaintiff engaged in protected activity (here, taking FMLA leave). The court had applied this standard in other contexts before. The opinion is here. More after the break.
4th Circuit Affirms FMLA Interference and Retaliation Verdict
Friday, March 6th, 2009In Dotson v. Pfizer, Inc., the Fourth Circuit affirmed the district court’s finding that Dotson’s employer had interfered with his right to leave under the Family and Medical Leave Act (“FMLA”) and had engaged in retaliation. The court also reversed the district court’s denial of an award for pre-judgment interest. The court’s opinion can be found here. More after the break.
Do Your Homework
Friday, February 6th, 2009The FMLA Blog has a good cautionary post here about the potential consequences of failing to research the potential implications of the FMLA when terminating an employee. $80,000 worth of consequences in this case, that is. Do your homework (or call your attorney)!
