The FMLA and Hidden Health Conditions
By Susan Schoenfeld, JD The Family and Medical Leave Act (FMLA) can be tricky when an employee wants his or her health condition to remain private.
Tag: compliance
Hiring and Pay Discrimination: The Focus of the Federal Government
It’s never been more important than now to make sure that your hiring and payment practices are devoid of discrimination. That’s because recently they have become a major focus of the Office of Federal Contract Compliance Programs (OFCCP). By Susan Schoenfeld Settlement costs ranged from $165,000 to $1.8 million and required the affected contractors to […]
Guns in the Workplace Policies
Yesterday’s Advisor offered tips from attorney Allan H. Weitzman on cutting-edge policies candidates may inquire about—policies like tech, cell phones, and drugs. Today, Weitzman’s guidelines for gun policies and equal employment opportunity (EEO). Weitzman, a partner with Proskauer Rose LLP, offered his tips at the Society for Human Resource Management’s (SHRM) Annual Conference and Exposition […]
Federal Court: Allow Clarification to Avoid FMLA Interference
By Jeffrey A. Gruen The U.S. Court of Appeals for the 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice […]
Joint Employment under the FLSA, MSPA, and FMLA
By Susan Prince, JD, M.S.L. A joint employment relationship and the responsibilities that go with it can be very confusing for employers. Just establishing whether or not a joint employment relationship even exists can be a point of contention. Therefore, on January 20, 2016, the federal Department of Labor’s (DOL) Wage and Hour Division (WHD) […]
Expect More On-Site FMLA Investigations in 2016
By Susan Schoenfeld, JD U.S. Department of Labor (DOL) Family and Medical Leave Act (FMLA) Branch Chief Helen Applewhaite recently promised that the DOL would be conducting stepped-up FMLA enforcement, including more on-site visits by federal investigators—she delivered.
Cutting-Edge Policies Your Candidates Will Inquire About
Today’s candidates are likely to ask about your policies regarding such things as phone use, internet access, and more. The culture is changing, and so must your organization’s policies. In today’s Advisor, attorney Allan H. Weitzman shares guidelines for cutting-edge policies. Weitzman, a partner with Proskauer Rose LLP, offered his tips at the Society for […]
What is the WARN Act?
Closing down a plant or laying off employees is a big decision for an organization, and it directly impacts the lives of all of the employees involved. Giving employees ample notice of such a transition is the idea behind the Worker Adjustment and Retraining Notification (WARN) Act.
2016—HR Under Siege
Yesterday’s Advisor presented tips from a distinguished panel of employment law experts on the “perfect storm” that’s brewing for HR in 2016. Today we present more, including NLRB’s aggressive march into HR territory. Attorney John Husband, with Holland & Hart LLP, moderated the panel at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. […]
An FMLA Primer: Hindsight Is a Serious Health Condition
By Al Vreeland, JD The Family and Medical Leave Act (FMLA) is one of the more difficult laws for employer compliance. The regulations are long and convoluted and filled with traps for employers. And now, in a case from the U.S. 11th Circuit Court of Appeals (which covers Alabama, Florida and Georgia), we learn that […]