Archive for May 2022
FMLA Allows Leave for Mental Health Treatment, DOL Reminds Employers
The Family and Medical Leave Act protects time off for mental health treatment, the U.S. Department of Labor reminded employers May 25. The agency released two guidance documents — Fact Sheet #280: Mental Health Conditions and the FMLA and Frequently Asked Questions on the FMLA’s mental health provisions — to help employers and workers understand…
Read MorePunching Out: The Dire State of Worker Mental Health
From February 2020 to February 2022, Google searches for same-day mental health services and centers for workplace mental health each grew by 1,300% and searches for “how to ask for a mental health day” grew by 1,000%, according to marketing platform Semrush. Searches for mental health strategy increased by 133%, mental wellness by 52% and…
Read MoreJury Awards $450,000 for Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder
On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability and that the employee suffered an adverse action because of his disability. Brief Background In Berling v. Gravity Diagnostics, LLC,…
Read MoreHolding On, Loosely: Incentives for Employee Retention
Let’s talk about problems with retention bonuses and overtime—as if finding qualified workers wasn’t tough enough. According to the most recent report from the Bureau of Labor Statistics, nonfarm employment rose by 428,000 in April 2022. However, some sectors are still struggling and “now hiring” or “help wanted” signs are everywhere. As a result, many…
Read MoreSCOTUS to Hear FLSA Overtime Claim From Worker Who Earned $200K a Year
The U.S. Supreme Court will hear an appeal of the 5th U.S. Circuit Court of Appeals’ decision that Helix Energy Solutions Group, an oil and gas company, owed overtime pay to a former supervisor whom the court deemed non-exempt under the Fair Labor Standards Act (Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984 (U.S.…
Read MoreUSCIS Announces Extension for Expiring Work Permits
Tens of thousands of foreign workers with expiring employment authorization documents (EADs) will be granted an extension of 540 days from the initial expiration date on those documents. U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily increase the automatic extension period of expiring work permits for many EAD renewal applicants. Currently, certain individuals…
Read MoreManufacturers Face Unique Problems in Accommodating Assembly Line Workers With Disabilities
As manufacturers rebound from the disruptive impact of the COVID-19 pandemic and begin putting more employees back to work, they should be prepared for a corresponding increase in requests for accommodation from assembly line workers. These requests can create unique challenges in manufacturing plants due to the inherently physical nature of the work, but there…
Read MoreDOL Overtime Claims Are on the Rise
The U.S. Department of Labor (DOL) is recovering an increasing amount of damages in overtime claims as it goes after employers that are misclassifying workers or miscalculating overtime. The Biden administration has signaled a shift in focus away from compliance and toward enforcement. One of the earliest indications of that shift was the termination of…
Read MoreEmployer’s Refusal to Reinstate Worker After 12-Month Leave Ends in $315K Settlement
An employer has agreed to pay $315,000 to settle a lawsuit alleging it allowed an employee to take about 12 months of medical leave but then fired him once he was able to return to work, in violation of the Americans with Disabilities Act. The employee was out of work for nearly a year, according…
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