Tag: Employment law

Riding herd on FMLA abuse

by Charles S. Plumb Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees who unfairly take advantage of the Act and its complexities. Here are some practical suggestions for enforcing the FMLA and cutting down on FMLA abuse […]

Shorter Workweek in a Tough Economy

by Claudia N. Lombardo According to economist Dean Baker, President Barack Obama’s own economic team believes the President’s stimulus package will have no effect on unemployment — currently at 10 percent — two years from now. The announcement caught the attention of many employers, already worried about having to make future layoffs, and has initiated […]

The Cost of Bad Behavior: How Incivility Is Damaging Your Business and What to Do About It

Employment law attorney Michael P. Maslanka reviews the book The Cost of Bad Behavior: How Incivility Is Damaging Your Business and What to Do About It by Christine Pearson and Christine Porath. I’ve been reading an interesting book, The Cost of Bad Behavior: How Incivility Is Damaging Your Business and What to Do About It […]

To What Extent Must Employees’ Family Obligations Be Accommodated?

By Dominique Launay Your employee is a single parent. He has to drop his children off at school each morning. They can’t be dropped off earlier than 9 a.m. He has to be back at the school by 5 p.m. to pick them up from their after-school care. He has no family to assist him. […]

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

Dummies, Morons & Idiots

Litigation Value: $0 (which is good because Dunder Mifflin has no money left!) Unfortunately, tonight’s episode was another repeat. Matt Rita did a fantastic job covering most of the employee relations issues raised by this episode when it originally aired in November. In this post, we will discuss two moments not discussed in the previous post. First, Oscar’s […]

When Must Individual Contractors Receive Reasonable Notice?

By Donna Gallant A recent appeal court decision demonstrates once again that defining work relationships is far from an exact science. Somewhere on the spectrum between employees and independent contractors, we have seen the emergence of “dependent contractors.” What hasn’t been entirely clear is how one determines “dependent contractor” status.  Nor what that status means […]

IT Exec’s FMLA Leave Not a ‘Fire’wall

Employers are often hesitant about taking adverse action against employees who are on Family and Medical Leave Act (FMLA) leave, even when there is good reason to do so. But employees aren’t entitled to any right, benefit, or position of employment that they wouldn’t have been entitled to if they hadn’t taken FMLA leave. A […]

The Wild, the Innocent, and the Super Bowl Shuffle

by Boyd A. Byers Super Bowl Sunday is February 7. About 140 million Americans will watch the game on TV, and 20 million will attend a Super Bowl party. While doing so, we’ll eat 20 million pounds of potato and tortilla chips. Let’s look at some other Super Bowl-related numbers for you to ponder in […]

Reminder about OSHA Posting Requirement

It’s time to post your Occupational Safety and Health Administration (OSHA) Form 300A, the summary of job-related injuries and illnesses that occurred last year. Unless you have 10 or fewer employees or fall within one of the industries normally excused from the Occupational Safety and Health Act’s (OSH Act) recordkeeping and posting requirements, you’re required […]