“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…
Articles Posted in Family and Medical Leave
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,…
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…
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…
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…
Two early HR Christmas presents
Or late Hanukkah presents. Or early Kwanzaa presents. Or timely Festivus presents. Or, you get the idea. My first present is a re-gift. Over at Win-WinHR, Lorene F. Schaefer, Esq. hosts this month’s edition of the Employment Law Blog Carnival: A Festival of Lessons Edition. If you need to get caught up on…
Is job-related anxiety an ADA disability? It depends…
I train a heckuva lot of managers and HR professionals on leave issues relating to the Americans with Disabilities Act and Family and Medical Leave Act. (Yes, you can have a copy of my presentation, just email me). One issue that often crops up in discussing the intersection of the two…
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…
Keep your insensitive FMLA comments to yourself. You too, HR.
I’ve heard the Family and Medical Leave Act referred to as the “Friday/Monday Leave Act.” Heck, I called it the Friday/Monday Leave Act last week. Turns out, I need to watch what I say. A “get out of jail free card.” In Deka v. Countrywide Association For People with…
A new FMLA resource you need to check out.
I’m feeling generous today. And that’s strange because usually I spend my Fridays dangling hundred dollar bills down to the street from a fishing pole in my office, trying to avoid the catch. But, the past few days changed my mindset. You see, earlier in the week I was…