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Employment Law

Give employees a chance to fix FMLA forms

07/29/2015

Before you approve or reject an employee’s FMLA request, the law allows you to request a medical certification from the employee. That certification must have some specific things.

Warn bosses against ADA ‘association bias’

07/28/2015
Your supervisors no doubt know it’s illegal to discriminate against someone because of his or her disability. But do they also know about a less obvious part of the ADA that makes it illegal to discriminate against people because they have an association with a person who has a disability?

FMLA: Where employers go wrong

07/27/2015
Being terminated for taking job-protected leave was the No. 1 reason employees filed FMLA-related complaints with the U.S. Department of Labor last year. What were their others?

Supreme Court clarifies how to accommodate pregnant employees

07/24/2015
Over the last several years, legislatures around the United States have worked to increase protections for pregnant workers, and the EEOC has identified the treatment of pregnant women in the workplace as one of its top priorities.

Red Robin tip pool case to move forward in court

07/24/2015
Two former servers at Red Robin Res­­­­taurants in Wilkes-Barre and Dick­­son City, Pennsylvania, can proceed with their Fair Labor Standards Act class action against franchisee, Lehigh Valley Res­­tau­­rant Group, Inc. The suit alleges Lehigh’s tip pooling scheme violates the FLSA because it includes workers who only have a de minimus interaction with customers.

$1.25M lesson: Blue collar work is always eligible for OT

07/24/2015
A Texas-based oil and gas drilling company, ROC Services Inc., has settled an overtime lawsuit filed by two workers in Pennsylvania. Two employees testing wells filed suit, alleging the employer’s pay scheme ran afoul of the Fair Labor Standards Act.

Manager using slurs? Quick discipline limits your damage

07/24/2015
What should you do if you receive reports that a manager has uttered offensive slurs?

New boss is tougher on employees? That’s not bias without other evidence

07/24/2015
Does the arrival of a tougher scoring supervisor also mean extra liablity? Not necessarily, as a recent case shows.

Having a casual FMLA and sick leave policy can lead to formal charges

07/24/2015

It may be disruptive and expensive to provide an employee with up to 12 weeks of FMLA leave and continue to cover your share of an employee’s health insurance premiums. But ignoring your FMLA obligation—or trying to find creative ways around it—can be even more costly to your organization. Consider this recent Pennsylvania case in which the employee ended up losing her medical coverage during a health crisis. The employer has now been ordered to pay the employee’s medical bills directly.

Fully recovered employee isn’t disabled

07/24/2015

An employee who has fully recovered from a medical crisis isn’t likely to qualify as disabled under the ADA. Therefore, she would not be entitled to further accommodations. In addition, as this case shows, a few negative comments about her prior condition would not be considered to create a hostile environment.