Author: Federal Employment Law Insider

EFCA: The Saga Continues, As Does the Misinformation

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]

Company-Sponsored Hijinks

In the rerun episode of “Company Picnic,” Season 5’s finale, we saw the Dunder Mifflinites don branch t-shirts and head out for a day of friendly competition, team-building and — because this is Dunder Mifflin we’re dealing with — potential disaster. We already discussed the noteworthy events, such as Michael announcing the closing of the Buffalo branch to […]

Mental Health Parity Changes Take Effect January 1, 2010

It’s time for employers to examine their health benefits to see if they’re in compliance with the Mental Health Parity and Addiction Act of 2008, which takes effect on January 1, 2010. The law applies to most employers with more than 50 employees. It requires covered employers that offer a health insurance plan with mental […]

Arbitrator, Saskatchewan Court Give Jerk Employee a Perk, Not Work

What should an arbitrator do when a fired employee is too bad to be reinstated, but dismissal was for one reason or another unjustified? Surprisingly, for Canadian arbitrators the answer seems increasingly to be: “Give ‘em a big payout.” They are increasingly awarding these unsalvageable employees bigger awards than good employees would get in a […]

Hot List: BusinessWeek’s Best Seller List

BusinessWeek magazine ranks the 10 best selling hardcover and paperback business books for September 2009 and gives a short summary. 1. Outliers: The Story of Success by Malcolm Gladwell. As you’d expect with Gladwell, there are lots of surprises in his explanation of why some people succeed fantastically. Pluck and smarts get less play here […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

The Willingness to Dream

For a homework assignment, my youngest child had to find an inspirational quote that he liked and take it to school to share with the class. His choice was a quote that I had not heard before, but its message really struck me. I was impressed enough with his choice that I’d like to share […]

Military FMLA Leave: Qualifying Exigency Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Employees already eligible for leave under the Family and Medical Leave Act (FMLA) with family in the military are entitled to two new forms of FMLA leave benefits — qualifying exigency (QE) leave and military caregiver leave (MCL). The rules for employer coverage […]

OPM Issues Proposed Regs for FMLA, Other Types of Leave

The federal Office of Personnel Management (OPM) has issued proposed regulations to address various issues regarding how federal employers may comply with the new military caregiver provisions of the Family and Medical Leave Act (FMLA). The proposed regulations are similar to the FMLA regulations issued last year by the U.S. Department of Labor (DOL). They […]