Author: Michael P. Maslanka, UNT Dallas College of Law

Case Study: Can Joy at Employee Firing Be Evidence of FMLA Violation?

Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit against the city of Granbury. In deconstructing the appeals court’s opinion, we see how judges—like each and […]

Navigating the ‘Tridemic’: Employer Considerations in Mandatory Vaccination Policies

Employers worried about the safety of employees and clients, especially during the annual flu season, have moved toward implementing vaccination policies in the workplace. At the time of this writing, health officials are warning that early 2024 could evolve into a “tri-demic” as the flu, COVID-19, and respiratory syncytial virus (RSV) spread at the same […]

Support Culture: How To Keep a Five-Generation Workforce Happy (Part 2)

This is Part 2 in a two-part series. Read Part 1 here. With five generations at work for the first time in U.S. history, HR execs are charting a growing constellation of roles, identities, and life stages in their benefits plans and experiences. The good news? The call for flexibility and help taking care of loved […]

Ask the Expert: Can Time Increments Play a Role in Company PTO Policies?

Question: What’s the minimum amount of time we can require exempt employees to use their paid time off (PTO)? Under our benefits policy, a half day (four-hour deductions) for exempt employees is usually OK, and our nonexempt employees can take PTO one hour at a time, but could we require a similar two-hour increment for […]

Case Study: TCU Aces FMLA Quiz

The Family Medical Leave Act (FMLA) is riddled with all sorts of employer obligations and therefore with all sorts of potential violations. Recently, TCU gave a seminar on dodging an FMLA interference claim. FMLA Interference? The FMLA forbids employers from retaliating against an employee for seeking FMLA leave. It also (unlike most other employment laws) […]

Artificial Intelligence Use Continues to Rise in Employment

As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment decision-making, as well as employee engagement. Intersection of Technology and Employment Law Throughout 2023, an increasing number of states and cities began limiting the […]

As the Ranks of Older Workers Grows, Employers Urged to Capitalize on the Trend

It’s become a mantra resounding from more and more employers: Good help is hard to find. For years now, employers have bemoaned their inability to recruit and retain workers for the full range of employment, everything from low- to high-skill positions. But researchers who study the workforce and the trends shaping it point to a […]

What We Learned From … HR Compliance Week 2024

We’ve enjoyed a full week of online events and digital resources about HR best practices. As this year’s HR Compliance Week comes to a close, let’s take a look at what we’ve learned from the event’s discussions and resources. Monday Feature Article | What to Expect from the EEOC in 2024 In 2023, the Equal Employment […]

Employee Benefit Rules: Gifts That Keep On Giving

With a new year underway, there are so many compliance-related items to consider relating to your employee benefit plans. The rules you’re supposed to comply with keep growing and growing—they seem like the gifts that keep on giving (and changing). Here are some of the key items to consider as we head into 2024. Health […]

Cracking the Code: Adding Bonuses to FLSA Overtime Calculations

The Fair Labor Standards Act (FLSA) requires employers to pay overtime to nonexempt employees based on their regular pay rate and the number of hours worked in a workweek. While this sounds straightforward on paper, employers commonly fail to realize that nondiscretionary bonus payments must be included in calculating the regular pay rate and, ultimately, […]