Tag: DOL

Ask the Expert: Can We Deny Reinstatement to Key Employee?

We have an employee who is nearing the end of her 12 weeks of FMLA. The employee is by definition a key employee. At the time she went on leave, the workplace wasn’t experiencing any changes or growth or the need to replace the position. Therefore, we did not communicate to her that there was […]

Did You Know Your New Hire Might Make You a Joint Employer?

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.

Think You Have Joint Employment Licked? Think Again.

In early 2016, the Wage and Hour Division of the U.S. Department of Labor (DOL) released an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). In conjunction with this release, the DOL also issued a new fact sheet on the Family and […]

Proposed Paid Sick Leave Rule Published

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 […]

Beyond maternity leave: employers’ duties to returning mothers

by Michelle Dougherty With the recent emphasis on the Pregnancy Discrimination Act (PDA)  regarding employers’ affirmative duties to pregnant employees, it is important for employers to remember that they also have obligations when employees return to work after childbirth. Specifically, under the Fair Labor Standards Act (FLSA) and the Affordable Care Act (ACA), employers have […]