Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more
The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more
7/22/2024
/ Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Human Resources Professionals ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Wage and Hour
It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims. Doing so can help to rebut the allegation that an individual has been subjected...more
The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more
10/18/2022
/ Anti-Retaliation Provisions ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Medical Leave ,
Paid Leave ,
Wage and Hour
In a press release issued on July 6, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had reached an agreement to resolve findings that Tampa Bay-based medical practice Brandon Dermatology had...more
On September 15, 2021, National Labor Relations Board General Counsel Jennifer Abruzzo issued a Memorandum (GC 21-07) to all Board Field Offices recommending that, when pursuing settlement agreements with employers charged...more
On April 1, 2019, the U.S. Department of Labor issued a notice of proposed rulemaking on joint employer status under the Fair Labor Standards Act. (FLSA). This proposed rulemaking seeks to revise the DOL’s regulation, 29...more
4/9/2019
/ Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
New Rules ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage and Hour
Many employers utilize “no-fault” attendance polices, which provide that employees are subject to progressive discipline up to and including termination when they accumulate a specified number of absences within a certain...more
9/25/2018
/ Absenteeism ,
Attendance ,
Canada ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Opinion Letter ,
Paid Sick Leave Act ,
USERRA ,
Wage and Hour ,
Workers Compensation Act
Many employers include in their attendance policies a specific procedure by which employees must “call-in” to report an absence from work. Such policies typically impose disciplinary action, up to and including termination of...more