When an employee refused to travel for work based on his wife's ongoing heart troubles, he did not have a valid claim for leave under the federal Family and Medical Leave Act (FMLA), a federal court has found. In this instance, the man did not actually provide any care and his company could not have known he was attempting to make an FMLA claim.
On Sunday, Jan. 12, the U.S. Department of Labor issued a final rule on liability for franchisors and companies that outsource services to staffing agencies. The new rule, which replaces a policy put in place by the Obama administration, makes it harder for employees to prove that these companies are legally responsible when a franchisee or staffing firm fails to pay the minimum wage or overtime.
The National Labor Relations Board (NLRB), the agency that enforces some aspects of U.S. labor law, has told a federal administrative law judge to move forward with the approval of a settlement in a longstanding case against McDonald's. Union workers had sued McDonald's after numerous franchises were accused of labor law violations.
Everyone enjoys a good holiday party. It's a way to show your staff that you appreciate their hard work this year and to get everyone revved up for next year. Yet sometimes, things get out of hand. Certain poor choices could mean liability for your business.
One of the major priorities of the Trump administration's Department of Labor has been deregulation. The purpose of much of the deregulation is to reduce the cost of legal compliance for employers. At the same time, the DOL still plans robust enforcement of the law, according to the Solicitor of Labor. Other priorities include community outreach, helping employers comply with the law, and ensuring that workers know their rights.
The closer in time an adverse job action occurs to an employee's discrimination complaint, the more likely it is to be considered retaliation. And, a retaliation complaint can succeed even if the initial discrimination claim was baseless, a federal court recently ruled.
With a major whistleblower story in the news recently, now is a good time to educate your managers and supervisors about whistleblower protection laws. There are more than two dozen federal laws that protect whistleblowers in various situations, including the Whistleblower Protection Act, most anti-discrimination laws, the Sarbanes-Oxley Act (SOX), the Dodd-Frank Act and others.
Under the federal Fair Labor Standards Act (FLSA), covered employers with at least 50 employees are required to provide non-exempt, breastfeeding mothers with:
According to the U.S. Department of Health and Human Services, of American households with children, around 20% have a child with special needs. Now, the Department of Labor has ruled that attending meetings about a child's individual education plan (IEP) is an acceptable use of Family and Medical Leave Act (FMLA) leave.
Federal law requires most employers to provide reasonable accommodations for workers with disabilities and religious needs. A reasonable accommodation is generally a change in the way the work is performed. It could include schedule changes, technology changes or even allowing the person to work remotely. The accommodation is considered reasonable if it would not create "undue hardship," meaning significant cost or disruption, for the employer.