Tag: compliance

ERISA, FLSA, FMLA Penalties Increased by DOL Rule

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).

Ask the Expert: Military Leave—Paid or Unpaid?

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 […]

Is Extra FMLA Leave an ADA Accommodation?

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 […]

FLSA Exemptions: Avoiding Legal Pitfalls

Yesterday we heard advice from expert Kara Shea concerning Fair Labor Standards Act (FLSA) exemptions and audits. Today, more from Shea on how to stay out of legal hot water when it comes to these tricky matters.

FMLA Request Spills into Litigation for Mississippi Employer

By Jerrald L. Shivers, The Kullman Firm When an employer learns that an employee’s absence might qualify for Family and Medical Leave Act (FMLA) leave, it is required to give him certain notifications. If the employee denies receiving the notifications, the employer must have a way of proving they were given to him.