FMLA: In Retaliation Cases, Decision Makers Matter
By Brian J. Kurtz, JD, FordHarrison LLP
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Jury to Determine Whether Restaurant’s FLSA Violations Were ‘Willful’
By Kate McGovern Tornone, Editor A federal district court has determined that a jury should decide whether a restaurant “willfully” violated the Fair Labor Standards Act (FLSA) when it declined to research the law’s requirements and ignored a warning that its compensations policies were not in compliance.
Law Firm Predicts Workplace Wellness Programs Will Become Mandatory
Will the day come when you either join your company’s workplace wellness program or be disciplined or terminated? A new report says Yes. Make a list of your company’s assets. It will certainly include your facilities and equipment, your in-house talent and proprietary knowledge, and your goodwill. And these days, there is likely to be […]
Hot List: Bestselling “Business Life” Books on Amazon.com
Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, this Tuesday morning, September 6, in the “Business Life” section of the “Business and Investing” category. 1. Winners Never Cheat: Even in Difficult Times, New and Expanded Edition by Jon M. Huntsman. Think about the kind […]
Offering Retirement Benefits Is a Great Tool for Attracting Top Talent
As we know, offering benefits is a great way to attract talent to your company, especially 401(k) retirement benefits—as this particular benefit appeals to workers of all ages.
‘New’ OSHA Uses Old Policy to Make Example of Employers
OSHA is making aggressive use of “egregious violations” to levy large fines and make an example of employers where it considers hazards to have been very serious, including a $16.6 million fine in Connecticut last week and another case in Wisconsin. But the question is whether the violations will hold up in the face of […]
What Happens When Harassment Is “Part of the Job”?
Some jobs are just more inherently “harassment-prone” than others — being a Hooters waitress comes to mind. But a recent case shows that even employers in these types of industries have a duty to take prompt corrective action.
Manufacturer Misrepresents Compliance with FMLA: Lessons for Employers
By Gregory J. Wartman, JD A Pennsylvania federal court recently ruled that an employee was ineligible for relief under the Family and Medical Leave Act (FMLA) because of the size of his employer and that he did not present sufficient evidence that his employer should be equitably estopped (prevented) from avoiding liability under the Act.
Employee Leave: What Constitutes Reasonable Accommodation for an Employee’s Disability?
We have several employees who have exhausted their leave time under FMLA/CFRA, but now we’re wondering if we have to accommodate them for additional time since they may be considered “disabled” under the ADA. How do we determine whether they’re in fact disabled, and, if so, how long do we have to allow these employees […]
Personnel Records: New Law Extends And Clarifies Employees’ Right To Inspect Their Personnel Files: Who Can See What—And When
Employees in private industry have long been entitled to look at their personnel records. Now the governor has signed a new law that extends this right to many public employees and clarifies the inspection rules for workers in both the public and private sectors.