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Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division published an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). They also released a new fact sheet on the Family and Medical Leave Act (FMLA) and joint employment.
by David G. Wong Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring […]
The U.S. Department of Labor is considering a lower, $47,000 salary threshold for its upcoming overtime regulations, according to news reports. A former Wage and Hour Division administrator called the move an “empty gesture” and said that setting the threshold any higher than $35,000 is irresponsible. The version of the rules that DOL proposed last June would […]
Recently, Jordan Spieth lost the Masters golf tournament in stunning fashion. One headline on ESPN’s website read, “Jordan Spieth’s collapse at the Masters the most shocking in golf history.” That’s saying a lot since the “modern” game of golf originated in 15th century Scotland and made its Olympic debut in 1900, more than 100 years […]
Recently, Jordan Spieth lost the Masters golf tournament in stunning fashion. One headline on ESPN’s website read, “Jordan Spieth’s collapse at the Masters the most shocking in golf history.” That’s saying a lot since the “modern” game of golf originated in 15th century Scotland and made its Olympic debut in 1900, more than 100 years […]
Most employers consider feedback from employees necessary, but those employers might wonder if that feedback has to feel so much like a necessary evil. When the feedback employees have to offer is negative, it can be tough for employers to stomach. But more and more employers are realizing that even when it’s negative, feedback can […]
By Laurie Jirak, The Murray Law Group, P.C. The U.S. District Court for the District of Minnesota recently had to decide whether a railroad’s decision to terminate just one employee in a reduction in force was an unlawful retaliation against the employee for exercising his Family and Medical Leave Act (FMLA) rights.
Can you force an employee who is on intermittent FMLA to take a set period of leave? The intermittent leave is too disruptive due to the fact that the employee’s absences are more often than expressed in the medical certification.
By Martin J. Regimbal, The Kullman Firm Be careful if you take an adverse action against an employee who is using or has recently used FMLA leave. Claims of retaliation based on an employee’s protected leave are common under the FMLA. You must use the same care when you terminate someone who has exercised his […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the first area of the three-prong test used to determine FMLA eligibility, the minimum service requirement.