Natural disasters like the kind we recently have witnessed in the flood-ravaged areas of the southern United States raise a host of issues for employers. Some wonder whether they are required to pay their employees during suspended operations; others are unsure whether and to what extent health benefits should be offered. But what about an
Baseball’s First Player Takes Paternity Leave
Here’s a shout out to all the dads out there who have a leg up on major league baseball players in at least one area — paternity leave.
Last week, National Public Radio reported that Texas Rangers pitcher Colby Lewis became Major League Baseball’s first player to exercise a new right under the parties’ collective bargaining
Cat’s Paw Already Impacting FMLA Claims
Last month, the Supreme Court ruled in Staub v. Proctor Hospital(pdf) that an employer in an employment discrimination case can be liable for the discriminatory animus of an employee who influences, but does not make, the ultimate employment decision at issue. Known as the “cat’s paw” theory, it already is having an impact on
Play Ball! An FMLA Lineup That Keeps You in the Pennant Race
In this opening weekend of major league baseball, hope springs eternal for every baseball fan. In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year.
[First, feel free to play the National Anthem if you so desire…]
From the Leadoff Hitter to the end of the lineup, here are my FMLA All Stars:Continue Reading Play Ball! An FMLA Lineup That Keeps You in the Pennant Race
EEOC Releases Final Regulations to ADA Amendments Act
Yesterday, the Equal Employment Opportunity Commission (EEOC) released the much-anticipated final regulations (pdf) for the ADA Amendments Act of 2008. The EEOC will publish the regulations in the Federal Register today, and they will become effective in 60 days, on May 24, 2011. The EEOC has issued a press release highlighting the release of
Where FMLA Bonding Leave is at Issue, Unmarried Parents Have More Generous Leave Rights
The folks at the California Public Agency Labor and Employment blog yesterday raised an issue that has popped up from time to time with our own clients: When it comes to “baby bonding” leave, does the Family and Medical Leave Act provide more generous benefits for unmarried parents than it does for married parents? In
NELI to Host Full-Day FMLA Seminar in June
Often enough, HR professionals and attorneys ask me to suggest an FMLA seminar that would help them develop skills to effectively administer the FMLA and/or counsel their clients in this area. Although several seminars are quite good (not to mention those put on by Bill and me, right?), there are few programs that top those
An Employer’s FMLA Nightmare? Hooters Offers Fake “Doctor’s Notes” to Skip Work During NCAA Tourney
Over the upcoming weeks, when Carl the Custodian is missing from your workplace, you may want to give your local Hooters Restaurant a call. He just might be there watching the NCAA tournament.
Hooters has unveiled a marvelous marketing ploy to get customers through their doors during the NCAA tournament — the Company is offering doctor’s
Employee’s Failure to Return Supervisor’s Phone Calls Dooms FMLA Claim
When an employee’s request for medical leave is vague or is unclear, the Family and Medical Leave Act regulations specifically allow (in fact, they require) the employer to question the employee further to determine whether the absence potentially qualifies under the FMLA. When the employee fails to respond to these reasonable inquiries, the employee may lose the right to FMLA protection.
Such was the case for Robert Righi. In a fantastic opinion for employers, a federal appellate court recently upheld the dismissal of Mr. Righi’s FMLA claim because he failed to respond to his supervisor’s telephone calls inquiring about his need for a leave of absence. Righi v. SMC Corporation of America
The Facts
Righi, a salesman for SMC Corp., was the primary caretaker for his mother, who regularly suffered complications from diabetes. As a result, Righi often took FMLA leave to care for her. On the occasion at issue, however, he asked for time off after his mother accidentally overdosed on her medication. Continue Reading Employee’s Failure to Return Supervisor’s Phone Calls Dooms FMLA Claim
Summary of 2010 FMLA Cases Provides Valuable Resource to Employers and Employment Attorneys
Every February, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of significant FMLA decisions handed down by the federal courts in the previous year. This year’s report is fabulous — it summarizes 2010 FMLA decisions in a user-friendly manner and is a great reference for me throughout the year.
The report