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.
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.
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.
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
One federal appellate court outlines parameters for “hostile work environment” claim.
One of the issues most frequently litigated in employment cases is whether the remarks and actions of an employer rise to the level of the “hostile work environment” needed to support a claim of discrimination. The 10th U.S. Circuit Court of Appeals recently addressed that issue, and provided at least some clarity to the definition
Violation of the National Labor Relations Act (NLRA) leads to serious penalties.
Discipline imposed pursuant to a company policy that restricts employees from any discussions of their wage rates may implicate Section 7 of the National Labor Relations Act (NLRA). Section 7 protects the right of employees to engage in “concerted activities” with each other for the purpose of collective bargaining or in efforts to improve working
NLRB turns its attention to the elements of an acceptable Social Media Policy.
Section 7 of the National Labor Relations Act (NLRA) protects the right of employees to engage in “concerted activities” with each other for the purpose of collective bargaining or in efforts to improve working conditions and terms of employment. These concerted activities can be done in person, or by other methods of communication, including electronic
All federal court circuits now recognize a cause of action for “retaliatory hostile work environment.”
Most employers understand that Title VII of the Civil Rights Act precludes a discriminatory “hostile work environment,” in which acts of discrimination against an employee are so severe and pervasive that those acts have an adverse impact on the employee’s ability to do his or her job. What is less fully understood is the fact
Company’s wording of termination letter, which mentioned employee’s disability leave, was direct evidence of discrimination.
“Direct evidence” is evidence that, if believed, leads to the conclusion that discrimination was at least one motivating factor in an adverse employment action. An employer’s termination letter, stating that the employee was being terminated due to her inability to do her job during a medical leave, was “direct evidence” of discrimination sufficient to support
Taking FMLA leave does not affect employee’s obligations under non-FMLA attendance policies.
Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A