Since the Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020, employers have posed one question more than all others: Does the FFCRA somehow protect employees from layoff (or furlough), at least until after paid leave required by the Act has been provided? In recent informal guidance, the U.S. Department …read more »
The DOL’s Joint Employer Rule Is Final – What Now?
On January 12, 2020, the Department of Labor (“DOL”) issued its much-anticipated Final Rule updating its test for deciding when two different entities will be considered a joint employer and therefore may be jointly liable for wage and hour violations under the Fair Labor Standards Act (“FLSA”). The effective date of the Final Rule is …read more »
Stop And Look Both Ways: Your No-Fault Attendance Policy May Be Creating Risk Under The FMLA
A recent federal case decided in the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) is a good reminder for employers covered by the Family Medical Leave Act (“FMLA”) to periodically review their attendance policies to make sure they comply with the FMLA in all respects. In Dyer v. Ventra Sandusky, No. 18-3802 (Aug. 8, …read more »
FMLA Medical Certifications: Does 15 Days Really Mean 15 Days?
The Family Medical Leave Act (“FMLA”) and accompanying regulations require employees to return a requested medical certification within 15 days. I frequently get questions asking what to do if an eligible employee does not return the medical certification within the 15-day period. While the FMLA suggests that an employer may be able to deny FMLA …read more »
FMLA vs. FLSA: The DOL Weighs in on Whether Employers Need to Compensate FMLA-Protected Rest Breaks
After a nine year hiatus, the Wage and Hour Division of the Department of Labor (“DOL”) recently resumed its longstanding practice of issuing opinion letters to help employers in interpreting laws like the Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). In an April 12, 2018 press release issued by …read more »
Being on Leave Makes Current Employees Unemployed: Texas Supreme Court’s Counterintuitive Unemployment Act Decision
Usually disputes over unemployment focus on whether a former employee was fired for work-connected misconduct or quit for a good enough work-connected reason. But when exactly is a person unemployed, so that he or she can file for unemployment in the first place? The Texas Supreme Court’s answer: an individual “qualifies as unemployed so long …read more »
Calling an Employee on FMLA Leave with a Work Question: Proceed with Caution!
Oftentimes, employees take FMLA leave with little or no notice. This can leave managers and co-workers in a quandary if they need to find a particular document, or check the status of a pending project, or have a pressing issue to discuss. In these situations, the question arises whether the manager or co-worker can (or …read more »