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…

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Punching 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…

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Jury 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,…

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Holding 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…

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USCIS 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…

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Manufacturers 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…

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DOL 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…

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