Practical HR Tips, News & Advice. Updated Daily.
Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division published an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). They also released a new fact sheet on the Family and Medical Leave Act (FMLA) and joint employment.
By Laurie Jirak, The Murray Law Group, P.C. The U.S. District Court for the District of Minnesota recently had to decide whether a railroad’s decision to terminate just one employee in a reduction in force was an unlawful retaliation against the employee for exercising his Family and Medical Leave Act (FMLA) rights.
By Martin J. Regimbal, The Kullman Firm Be careful if you take an adverse action against an employee who is using or has recently used FMLA leave. Claims of retaliation based on an employee’s protected leave are common under the FMLA. You must use the same care when you terminate someone who has exercised his […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the first area of the three-prong test used to determine FMLA eligibility, the minimum service requirement.
By Susan Schoenfeld, JD In February 2016, the U.S. Department of Labor (DOL) published its notice of proposed rulemaking (NPRM) to implement Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors. EO 13706 requires parties that enter into covered contracts with the federal government to provide covered employees with up to 7 days […]
By Susan Schoenfeld, JD In February 2016, the U.S. Department of Labor (DOL) published its notice of proposed rulemaking (NPRM) to implement Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors. EO 13706 requires parties that enter into covered contracts with the federal government to provide covered employees with up to 7 days […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the three-prong test used to determine FMLA eligibility.
Yesterday’s Advisor took a look at how implicit bias during the résumé portion of hiring occurs frequently. A recent study published by the Administrative Science Quarterly found that even pro-diversity employers discriminated against minorities during hiring at the same rate as companies that don’t make use of pro-diversity language. Today, we’ll see the impact that […]
A recent study published by the Administrative Science Quarterly has found a trend indicating implicit bias when hiring professionals look at résumés. Today’s Advisor explores how some applicants are discriminated against when their résumés indicate their minority status.
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other. In these cases, it is important to know which law takes precedence, or “trumps,” the other.