FMLA
Quiet Quitting and Today’s Workforce Challenges
The American workforce is in crisis, buffeted by one challenge after another – some recent, and some, like demographic changes, that have been building for decades. At a recent employment law seminar – our first in-person employment program since 2019 – Pierce Atwood brought together clients from health care, higher education, accounting, the nonprofit sector,…
Read MoreToyota Moves to Dismiss Proposed FMLA Class Action, Compel Arbitration
Toyota Motor North American (Toyota) has asked a federal judge to dismiss a proposed class action lawsuit over whether the company underestimated employees’ hours to cut down on their entitlement to leave under the Family and Medical Leave Act (FMLA). Toyota also asked that the judge compel arbitration of the claim, alleging that the plaintiff…
Read MoreUnlimited Time Off Presents Hidden Challenges for Employers
We have increasingly been fielding inquiries from organizations that are looking to implement some version of unlimited time off for their employees. They saw that employees continued to be productive while working remotely during the pandemic, and they want to give them the flexibility to take time off as/when needed – provided the work still…
Read MoreWorkers Compensation Claim? Light Duty? Remember The FMLA!
A recent decision out of the Eleventh Circuit is a good reminder for employers on how the Family Medical Leave Act (FMLA) and state law workers compensation schemes overlap and interact. The Family Medical Leave Act (FMLA) is a federal statute that entitles eligible workers who need to recover from a serious injury to take…
Read MoreFMLA 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 MoreIntersection of ADA, COVID-19 Requires Creative Reopening Policies, EEOC Official Says
The EEOC has received hundreds of charges involving both COVID-19 vaccination and the ADA, according to Evangeline Hawthorne, the agency’s Tampa field office director. The U.S. Equal Employment Opportunity Commission has received thousands of charges related to COVID-19 since the pandemic began. As of December 2021, more than 2,700 charges were related to COVID-19 vaccines,…
Read MoreWhen Might an Employer Question FMLA Certification?
Family and Medical Leave Act (FMLA) certification of a serious health condition must be complete and sufficient, but sometimes it’s neither. Employers rarely take a hard line but instead ask employees to provide more information to finish out the certification. Here are some tips on how to recognize something is wrong with the certification and…
Read MoreADA May Require Additional Leave Following FMLA Exhaustion, EEOC Reminds Employers
The Americans with Disabilities Act may require additional leave for workers who exhaust their Family and Medical Leave Act entitlements, the U.S. Equal Employment Opportunity Commission warned in a recent press release. The agency said a trucking and property management company will pay $65,000 to settle a lawsuit alleging the employer violated the ADA by…
Read MoreDepartment of Labor to Add 100 Wage and Hour Investigators
The U.S. Department of Labor will add 100 investigators to support its Wage and Hour Division, the agency announced Feb. 1. Investigators will conduct investigations to ensure workers are receiving their full wages, promote compliance through outreach and public education programs and aid in efforts to fight against worker retaliation and the misclassification of workers…
Read MoreEmployers Weigh Whether to Rescind Vaccination Policies
Now that the vaccine-or-testing emergency temporary standard (ETS) from the Occupational Safety and Health Administration (OSHA) has been withdrawn, employers that have instituted mandatory vaccination or vaccine-or-testing policies are deciding whether to stay the course or backtrack. The U.S. Supreme Court recently blocked OSHA’s vaccine-or-testing rule, an ETS that applied to employers with at least 100…
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