New U.S. Department of Labor Wage and Hour Opinion Letters

FMLA FLSA2019-1-A – The first question to the agency involved employers permitting employees to exhaust paid leave prior to designating the leave as FMLA leave? The second question was whether an employer can designate more than 12 weeks of leave as FMLA leave. The opinion letter’s guidance is that employers cannot: delay the designation of [...]

By |2019-03-22T11:11:14-04:00March 24th, 2019|Business Ownership, Employees, Human Resources|Comments Off on New U.S. Department of Labor Wage and Hour Opinion Letters

Employee who attended Beyonce concert while on FMLA has to face the music

MJ was a marketing manager for BNSF, a railway company, and had been so employed since 2002. She was having some difficulty keeping up with her workload, and was put on a performance improvement plan on April 25, 2016. She did not agree with being put on such plan. On May 2, 2016, MJ reportedly [...]

By |2017-09-28T10:39:55-04:00September 28th, 2017|Human Resources|Comments Off on Employee who attended Beyonce concert while on FMLA has to face the music

BEWARE THE INFLEXIBLE LEAVE POLICY

Employers should be aware that the EEOC has taken the position that leave policies under which an employee’s employment is automatically terminated after a set number of days, or months, violate the ADA. Case in point: the EEOC sued Lowes last year for violating the ADA by failing to provide leave as an accommodation to [...]

By |2017-08-25T11:29:55-04:00August 24th, 2017|Employee Leave, Employees|Comments Off on BEWARE THE INFLEXIBLE LEAVE POLICY