Tag: compliance

Workplace Retaliation under the FMLA, ADA

An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.

FMLA: Merely Directing Employee to Apply for Leave Isn’t Enough

By Sarah Caldwell Breslin, JD The U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—recently ruled that a Columbus (Indiana) teacher who claimed his contract wasn’t renewed for discriminatory reasons should have his Family and Medical Leave Act (FMLA) claims heard by a jury.

DOL Makes the Case for Paid Leave

By Susan Schoenfeld, JD In an all-out blitz, the U.S. Department of Labor (DOL) has undertaken a number of efforts to encourage states and private employers to support paid leave. Included in those efforts:

Proposed Paid Sick Leave Rule for Federal Contractors Published

By Susan Schoenfeld, JD The U.S. Department of Labor (DOL) has announced a proposed rule to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. Executive Order 13706 was signed by President Barack Obama on September 7, 2015, and requires parties that enter into covered contracts with the federal government to provide covered […]

Ask the Expert: Sick Leave Policy Reduces Employee Commissions

We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]

FMLA: Termination Due to Restrictions During High-Risk Pregnancy

By Stephen W. Jones, JD The 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently held that presenting a doctor’s note to her employer entitled a pregnant employee to the protections of the Family and Medical Leave Act (FMLA), and the employer’s decision to fire her on the last day of […]

FMLA and Joint Employment

Yesterday we heard from Susan Prince, JD, MSL, and legal editor at BLR®, concerning the complexities of joint employment. Today we’ll hear what she has to say about joint employment and the Family and Medical Leave Act (FMLA). By Susan Prince, JD, MSL, Legal Editor at BLR FMLA and Joint Employment The analysis for determining […]