Grab your pearls for clutching, and let’s get into this recent federal court decision to find out. Last week, I talked about how having a signed arbitration agreement is generally a prerequisite to requiring an employee to arbitrate employment claims against the company. If you have a signed arbitration agreement,…
Thank you for indulging me a day off from blogging yesterday. It’s tough to bounce right back when a referee rips your heart out of your chest with a ridiculous penalty call late in the fourth quarter of arguably the best Super Bowl game of all time. At least I’m…
Employees are eligible for FMLA leave when they have worked for the employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave, and work at a location where the employer has at least 50 employees within…
Blink twice if you know (or at least suspect) a poor-performing employee who complained about discrimination or sought leave under the Family and Medical Leave Act to insulate herself from discipline at work. I’m not saying that’s what the plaintiff did in this recent Eighth Circuit decision. But then again,…
Earlier this month, the U.S. Department of Labor announced that it had released New Resources for Workers Impacted by Cancer. Cancer Moonshot week of action was the impetus for the new resources. The Cancer Moonshot initiative aims to reduce cancer’s death rate by accelerating treatment discovery. Labor Secretary, Marty Walsh,…
It depends. If an employee signs a severance agreement, you want them to provide a general release in exchange for whatever consideration the company is providing. If the employee is at least 40 years old, the Age Discrimination in Employment Act requires that the employee receive at least 21 days…
Under the Family and Medical Leave Act, employers may require an employee to comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. But unless you fancy defending FMLA interference claims, the call-in procedures shouldn’t require an advanced degree. Nobody’s fault but mine?…
Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. To remedy that, you must promise to pay me $100 if you keep reading…
The complexities of the Family and Medical Leave Act can bollocks even multi-billion-dollar companies. But the case I’m going to tell you about today is a reminder that, at bottom, the FMLA is largely no-harm, non-foul. In early 2018, an employee with a serious health condition spoke to her doctor,…
The timing last night was perfect. I just finished uploading the video from last Friday’s edition of The Employer Handbook Zoom Office Happy Hour: Cybersecurity 101 for Human Resources and Employment Lawyers to The Employer Handbook YouTube Channel, and I had shifted my attention to planning the next Zoom when…