This Tuesday blog post is brought to you by the number 20. As in, when your non-exempt employees go on break for 20 minutes or less, you need to pay them for that time.
In Pennsylvania, the Rules of Professional Conduct require that an attorney must stay abreast of changes in changes in the law, including the benefits of advances in technology.
I mean, geez. For a litigator, it’s absolutely essential. And I’m not even talking about having a LinkedIn profile.
One of the finest employment-law bloggers, Daniel Schwartz, recently marked the eight-year anniversary of his Connecticut Employment Law Blog with a post about the three most notable changes in employment law over that span. Number one was social media.
While for us bloggers, social media presents the lowest-hanging clickbait fruit, its metamorphosis and overall effect on the workplace is undeniable. Social media presents a slew of issues, from hiring (all those state laws on social media passwords) to firing (like the time those Facebook postings bungled an employee’s FMLA claims) and so much more.
The Family and Medical Leave Act allows eligible employees to take up to 12 workweeks of unpaid leave in a 12-month period for a variety of reasons, including for one’s own serious health condition. An employee with a serious health condition can take FMLA leave if the employee satisfies three additional requirements:
[Editor’s Note: The employer in this post is a client; although, I did not represent this client in this case].
Yesterday, in Jones v. Southeastern Pennsylvania Transportation Authority, for the first time ever, the Third Circuit Court of Appeals recognized that a suspension with pay is not an “adverse employment action” under the substantive discrimination provision of Title VII. (The Court did not address the issue of whether a suspension with pay is an adverse employment action under the anti-retaliation provision of Title VII).
The Third Circuit’s holding is in line with several other circuits across the country.
Alright. That’s it. Nothing more to see here. Go enjoy some tunes.
Image credit: GK Tramrunner
Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious health condition, read on…