Tag: District Court

Rhode Island

FMLA Interference: Discharging Employee Proves Risky Business

By Meghan Siket, JD Employers are prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any right granted to employees under the Family and Medical Leave Act (FMLA). You are also prohibited from discriminating or retaliating against employees for exercising or attempting to exercise any FMLA right.

Determining Joint-Employer Liability under the FMLA

By Ryann E. Ricchio, Faegre Baker Daniels Disputes over joint employment have recently appeared before both the National Labor Relations Board (NLRB) and the federal courts. A new decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—dealt with the issue of joint employment under the Family and Medical Leave Act […]

FMLA Leave: A Shield for Employee Misconduct?

By: Krista J. Griffith and Lynn Mueller, Felhaber Lawson In a recent case, the U.S. District Court for the District of Minnesota held that an employee shouldn’t be shielded from the consequences of her wrongdoing simply because she was on leave protected by the Family and Medical Leave Act (FMLA) at the time her employer […]

FLSA: When are Waiting Time and Travel Time Considered Work Time?

Many employers regularly wonder how to treat the time employees spend waiting before the start of their shift or traveling to the jobsite. In some cases, employees may be “engaged to wait” and should therefore be paid for their waiting time. Similarly, employees who are required to travel from jobsite to jobsite as part of […]

Even Rulebreakers Must Be Reimbursed, Court Rules

You know that employees are entitled to reimbursement for work-related expenses. You’ve set up policies and procedures for employees to report expenses and request reimbursement. But what if employees don’t follow your rules? According to a recent federal District Court opinion, that doesn’t matter: They’re still entitled to be reimbursed. 400+ pages of state-specific, easy-read […]

Terminated Employee Was Not a Whistleblower, Court Says

Is every employee who makes a formal complaint considered a “whistleblower”? The federal District Court says no. Mark Shulthies, a long time Amtrak employee working in California, sent an email to his supervisor complaining that the company’s decision to reorganize certain aspects of its service between the Bay Area and Bakersfield posed a “danger to […]