Family and Medical Leave

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

January 26, 2016 | by Eric B. Meyer

“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 of Labor’s Wage and Hour Division, asks in this blog post. And, here’s his answer: “In a nutshell, joint employment exists when a person is employed by two or more employers such that the employers are responsible, both individually and jointly, for compliance with a statute.”

Does that sound like your business? Well, then, read Dr. Weil’s blog post.

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

January 22, 2016 | by Eric B. Meyer

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, I just paid them in Pop Tarts. An honest day’s pay for an honest day’s work. Unless, they had dirty diapers. Then, I docked their pay.

Fast forward a few years. Now, I have four kids. So, with a big snow storm on the way, the older siblings can assume the position while the baby whips me up a hot toddy. Ok, coffee.

I like to pretend that I’m not in New Jersey. Let’s call it international waters. But for you folks in the “real world,” there are some Fair Labor Standards Act and Family Medical Leave Act implications if your business closes for the impending snow. Let’s break ’em down:

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

January 15, 2016 | by Eric B. Meyer

***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 buddy, Donna Ballman. Think, my snark — times two. Plus, you get the added benefit of the point of view of an attorney from the dark side. (Donna’s probably telling her readers the same thing…LOL).

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

January 11, 2016 | by Eric B. Meyer

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.

C.R.E.A.M. FMLA

January 8, 2016 | by Eric B. Meyer

Yep, I’m pretty sure that’s what Raekwon, Inspectah Deck, and Method Man are rapping about here. It’s FMLA, son.

Two early HR Christmas presents

December 23, 2015 | by Eric B. Meyer

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 all the latest HR-compliance news and view from top bloggers across the country, then, go no further.

Is job-related anxiety an ADA disability? It depends…

December 22, 2015 | by Eric B. Meyer

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 laws is whether job-related stress or anxiety is covered under the ADA, FMLA, or both.

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

December 1, 2015 | by Eric B. Meyer

That’s the opening line from the Director’s Cut of the advance screening that JJ Abrams sent me. Trueish story.

Keep your insensitive FMLA comments to yourself. You too, HR.

October 19, 2015 | by Eric B. Meyer

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 new FMLA resource you need to check out.

October 9, 2015 | by Eric B. Meyer

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 introduced to an in-house lawyer who was seeking information on the Family and Medical Leave Act. And, as it so happens, yesterday I received an email from a reader of the blog. Well, not just any reader. This email was from one of my best readers. And she just started a new FMLA blog called Matrix Radar: Adventures in Absence Management and Accommodation. The name alone sounds like something that would not only satisfy the needs of the biggest FMLA dork, but also supply me with the Director’s Cut of Neo and Trinity rescuing Morpheus.

Well, 50% ain’t bad. And I recommend that y’all check out Matrix Radar.