Practical HR Tips, News & Advice. Updated Daily.
Our company’s policy is that employees need to average 35 hours per week in the previous year to qualify for vacation time. Do weeks taken as unpaid FMLA count as “0 hour” weeks in the calculation of average hours worked, or should they be excluded when we determine vacation benefits?
By Kate McGovern Tornone, Editor While courts have held that various employer actions may constitute retaliation under federal employment laws, coworker “discourtesies” do not rise to that level under the Family and Medical Leave Act (FMLA), a federal judge ruled recently.
Employers in Illinois must now allow workers 2 weeks’ unpaid leave for the death of a child. Illinois appears to be the second state to mandate bereavement leave for private employers; Oregon adopted a similar measure in 2014.
By Kate McGovern Tornone, Editor What happens when an employee is out on job-protected leave and you realize that everything keeps moving along just fine without her? Or that her duties shouldn’t really take 40 hours per week?
Yesterday we looked at how the 7th U.S. Circuit Court begrudgingly decided that banning sexual orientation discrimination isn’t guaranteed by law. Today we’ll take a look at how the EEOC looks at the same issue. EEOC’s Position The Hively court also said it was noteworthy that the U.S. Equal Employment Opportunity Commission (EEOC), which enforces […]
According to a recent ruling, discrimination based on sexual orientation is not currently prohibited by federal employment law. The 7th U.S. Circuit Court of Appeals said it was bound by its own precedent to this effect and that only intervention by Congress or the U.S. Supreme Court could change it.
Six state and local governments were recently awarded a combined $1.1 million to study the development and implementation of paid leave programs, the U.S. Department of Labor (DOL) has announced.
By David Slaughter, JD, Senior Legal Editor Maximum penalties for violating many employment and benefits laws were increased, some of them substantially, by the U.S. Department of Labor (DOL) in a departmentwide rule published July 1 (81 Fed. Reg. 43429).
We have an employee that just came back from military leave. He did not present orders to HR or payroll and turned in a timecard with “5 days Military Leave” written across the week he was gone. Payroll paid him for that week and deducted 40 hours of leave. The employee came back stating that […]
By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed an Arkansas district court’s ruling that the termination of a juvenile detention officer didn’t amount to discrimination under the Americans with Disabilities Act (ADA) or retaliation […]