Section 8(a)(1) of the National Labor Relations Act (NLRA) makes it illegal for an employer to interfere with or restrain employees from exercising the rights accorded to them under that Act. In NLRB v. J. Weingarten, 420 U.S. 251 (1975), the U.S. Supreme Court held that the NLRA “guarantees an employee’s right to the presence
July 2012
What Do Your EEO-1 Reports Tell the EEOC and OFCCP About Your Company?
By Maria Danaher on
Posted in Employment Laws
Must your company file an EEO-1 report on an annual basis? If your company has facilities in different geographical areas, how are these reported on the EEO-1? How are you collecting gender and ethnicity/race information from your employees for this report, and is that protocol consistent with the parameters set by the Department of Labor…
Employer’s mistaken allowance of FMLA leave can create liability for retaliation.
By Maria Danaher on
Posted in FMLA
In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and having worked for at least 1250 hours within the prior calendar year. Individuals who do not reach those…
Visit to doctor for prescription refill is not “treatment” for purposes of FMLA.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to interfere with an employee’s use or attempted use of FMLA leave time. The 7th U.S. Circuit Court of Appeals…
DOL publishes its “plain language” explanation and guidebook for the FMLA.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) entitles eligible employees to twelve weeks of unpaid leave each year for certain medical issues for themselves or immediate family members. Employers are prohibited from discriminating or retaliating against an employee who exercises FMLA rights.
Employers and employees alike often are stymied by the administrative complexity of the…