Employers Often Designate Leave as FMLA Despite Objections
Employees eligible for leave under the Family and Medical Leave Act (FMLA) might want to decline FMLA leave for a variety of reasons, but employers often can designate the time off as FMLA anyway. Note though that in jurisdictions covered by the 9th U.S. Circuit Court of Appeals, the employer must allow the employee to decline…
Read MoreCan You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole
In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants…
Read MoreSupreme Court Rules Unconstitutional Mandatory Fees Imposed on Non-Union, Public Sector Employees
Public sector employees who are non-members of a union cannot be legally required to pay agency or “fair share” fees as a condition of employment, the U.S. Supreme Court has held in a 5-4 ruling. Janus v. AFSCME Council 31, No. 16-1466 (June 27, 2018). Janus reverses the Court’s 1977 decision in Abood v. Detroit…
Read MoreWoo-hoo! Normal HR policies are legal again, says NLRB General Counsel
Workplace rules are back, baby! Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a Memorandum on Wednesday that employers should love. Mr. Robb has declared that nine standard employer policies will now be presumed lawful under the National Labor Relations Act. The Memorandum was based on the Board’s…
Read MoreSummertime Means Vacation – Is Your Vacation Policy Compliant?
It’s summertime in the U.S., school’s out, and employees are heading off to visit family, the beach, mountains, national parks, and everywhere else, which means it’s a good time for employers to review their vacation policies and practices. No federal or state laws require U.S. employers to provide employees with any vacation time, either paid…
Read MoreCurrent FMLA Forms Now Expire June 30
Some employers make tweaks to forms The Family and Medical Leave Act (FMLA) forms expire June 30—not on their original expiration date of May 31—but aren’t likely to change when they’re replaced with new forms, experts say. Employers who customize their own forms aren’t too concerned with the imminent replacement of the current forms, while…
Read MoreFiring Allegedly Motivated by Medical Bills
A court ruled that an employee’s termination for apparently violating an employer’s no-call, no-show policy may have been motivated to free the employer from the significant medical bills of the employee’s son, which arguably would violate the Employee Retirement Income Security Act (ERISA). The employee took medical leave from his position at Atlas Industries for…
Read MoreFacebook Evidence of Employee’s “Fore” Play Sinks FMLA Claim
With the news that Tiger Woods will be returning to the Memorial Golf Tournament, which is just a few miles from our Columbus, Ohio office, we thought a golf-related post would be interesting. This post concerns the recent case of Sharrow v. S.C. Johnson & Son, Inc. Case No.: 17-cv-11138 (E.D. Mich. Apr. 12, 2018),…
Read MoreTop 10 Ways People Get Revenge at Work
Revenge. We’ve all heard the sayings: “Revenge is a dish best served cold.” “Success is the best revenge.” “Beware the fury of a patient man.” “We should forgive our enemies, but not before they are hanged.” In the workplace, employees find plenty of ways to get revenge. They spread unflattering rumors about their enemies. They…
Read MoreSeasons 52 Settles $2.85M Hiring Discrimination Lawsuit
EEOC focusing on tough-to-prove age bias against older job seekers Recent high-profile cases alleging bias against older job applicants were based on campus recruiting programs and online recruitment campaigns, new territory for litigation. But the settlement this month between the U.S. Equal Employment Opportunity Commission (EEOC) and the Seasons 52 restaurant chain indicates that the more…
Read More