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Articles Posted in Family and Medical Leave

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U.S. Department of Labor issues new FMLA fact sheet for joint employers

“Are you a joint employer?” No, that’s not my law school pickup line. That would be a terrible pickup line; I’d be a lonely, single, blogging employment lawyer, sitting alone by candlelight eating baked beans out of the can. Actually, it’s the question that Dr. David Weil, administrator of the U.S. Department…

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How do you handle FMLA and FLSA for a snow day office closure?

Back when I had three kids — the one-year old (not pictured) is salting the sidewalk — I took some liberties with snow days and the Fair Labor Standards Act. I’m exempt of course (Executive exemption — like a boss!). For the kids, rather than worry about minimum wage or overtime,…

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Can an FMLA-eligible employee decline FMLA and take other accrued leave instead?

  ***Double checks Powerball ticket*** Dammit! Oh, hi there. I didn’t see you come in. Now, get out of here and head over to Thompson’s HR Compliance Expert. You’ll find a new feature called “Opposing Counsel.” At various points throughout the year, I will debate HR-compliance issues with employee-rights lawyer, and my…

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Inconsistent employee discipline can create legal issues. Here’s a way to fix that.

That was my KitKat! Spit it out! Spit it out, dammit! Hey, hey, turn off that camera! Over the weekend, after the Hershey’s Chocolate World shenanigans, I read a Fifth Circuit FMLA retaliation opinion that, unfortunately, read like so many prior employment legal skirmishes. Employee claims that she was fired for…

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C.R.E.A.M. FMLA

Yep, I’m pretty sure that’s what Raekwon, Inspectah Deck, and Method Man are rapping about here. It’s FMLA, son. A Wu-Tang Clan-inspired post. Enter the Wu-Tang (36 Chambers) is Wu-Tang Clan‘s first studio album. Perhaps, the biggest hit on the platinum Wu-Tang debut is C.R.E.A.M. (Cash Rules Everything Around Me). That was back…

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Fired you will be getting drunk, DUI, and arrested on an FMLA day

That’s the opening line from the Director’s Cut of the advance screening that JJ Abrams sent me. Trueish story. Actually, the lede comes from a recent Pennsylvania federal court decision. Here are the facts: Mondelez Global LLC (“Mondelez” or “Defendant”) fired Fredrick Capps (“Capps” or “Plaintiff”) believing that he misused leave…