On Wednesday, the FMLA celebrated its 22nd birthday. Did you know that the U.S. is the only industrialized nation without paid family medical leave? Yes, really. And, while I don’t expect that to change anytime soon, you may be interested in learning how the DOL plans to enforce the law. Here’s a preview of FMLA enforcement trends from my buddy Jeff Nowak at FMLA Insights.
And here’s that Tove Lo song that I can’t get out of my head. Sorry.
Earlier this year, Kelly Osbourne walked out on E!’s Fashion Police shortly after her co-host, Giuliana Rancic, criticized a young African-American Disney star. Specifically, Ms. Rancic called out the actress for donning dreadlocks at the 2015 Oscars, saying that she must have smelled of “patchouli” and “weed.” Many found Ms. Rancic’s comments racist. Ms. Osbourne too must have been affected, because she told People Magazine that she left Fashion Police because she was not “going to sit there and perpetuate evilness.”
Fast forward several months. Continue reading
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When the EEOC accuses your company of engaging in a “pattern or practice” of discrimination, it’s gonna be a tough year.
My apologies for skipping out on a post yesterday. Someone had a case of the Mondays. So, I’ll make it up to you now — kinda like serving you a prairie fire and then a cement mixer.
Yep, my blog fodder is not quite rail drink-worthy. Anyway…
In a decision issued last week (here), the National Labor Relations Board ruled that “the filing of an employment-related class or collective action by an individual employee is an attempt to initiate, to induce, or to prepare for group action and is therefore conduct protected by Section 7 [of the National Labor Relations Act].” So, for example, if you fire someone for filing a Fair Labor Standards Act lawsuit on behalf of himself and other similarly situated employees, then you’ve violated both the FLSA and the NLRA.
Yes, if an employer actually retaliates in that manner, shame on the company. However, two things pique my interest here:
About 3 years ago, after a 6-day trial, a Colorado federal jury concluded that a plaintiff had been retaliated against for participating in a discrimination complaint process. But, the jury didn’t award her much: $14,000 for out-of-pocket expenses, and $5,000 for emotional distress, pain, suffering, embarrassment, humiliation or damages to reputation.
Then, her lawyers filed a motion for attorney’s fees and costs. Continue reading
You know those proposed overtime rules from the Department of Labor. The ones where the salary-level for the white collar exemption will jump from $23,660 per year to over $50,ooo in 2016. Well, check this out. Continue reading
Many of us, including me, have a loved one or friend who has suffered through mental illness. With proper treatment, counseling and support, the symptoms may be controllable. However, sometimes medication and treatment aren’t enough.
Mental illness, which generally qualifies as a disability under the Americans with Disabilities Act, can disrupt the workplace. And, it can create a big problem where the employee is a threat to himself or others. Continue reading
Can a person whose job is to ensure that the company follows a particular standard of care; i.e., a watchdog employee, bring an action against the company under New Jersey’s Conscientious Employee Protection Act (CEPA), the state’s whistleblower law?
In case you missed it, earlier this month, the New Jersey Supreme Court answered this question (here) with a resounding yes! The logic is that CEPA is a very broad, remedial statute, and there is nothing in the letter of the law that carves away protections for watchdog employees. Therefore, when an employee “blows the whistle” on an unlawful (or what he/she reasonably believes is an unlawful) employer activity, that employee may have a claim under CEPA — even if the whistleblower is employed as, well, a whistleblower.
Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource (here), which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources.
Save the Family and Medical Leave Act, I get more calls about the ADA from business owners, HR professionals, and decisionmakers, than any other employment law. Continue reading
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