A NJ court recently held that a business can force an employee to arbitrate FMLA claims — even if the arbitration agreement that the employee signs does not contain a specific FMLA waiver. How does this all work? Well, according to the NJ Superior Court in Flores-Galan v. J.P.…
So, yeah, in cased you missed it, yesterday, was part one of a gripping two-part series about how employees who share XXX at work tend to get the short-end of the litigation stick should they later decide to sue their employers. Today, we conclude this series — thankfully — with…
If you have 50 or more employees, you must abide by the Family and Medical Leave Act. The FMLA affords up to 12 workweeks of leave in a 12-month period, among other things, to care for a parent with a serious health condition. But let’s say that you have dropped the…
The Family and Medical Leave Act affords eligible employees up to 12 weeks of unpaid leave during any 12-month period because of a serious health condition that makes the employee unable to perform his/her job. Let’s say that you have an employee who requests FMLA for a medical procedure that…
Last week, Rep. Lynn Woolsey (D-CA) reintroduced the Domestic Violence Leave Act, which expands paid leave options for victims of domestic abuse, sexual assault, or stalking. Details on the pending legislation and what it would mean for employers if it passes after the jump… * * * Details of the…
Worst. Pun. Ever. In some states, employees who become victims of domestic violence, or whose family members are victims of domestic violence, are entitled to take a short unpaid leave from work. In one state, companies need to be aware of possible legislation that would require them to afford time…
An eligible employee may take up to 12 workweeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee exhausts all of her FMLA leave and fails to return to work after the 12 weeks are up, can’t the company simply fire the employee?…
In yesterday’s post at The Employer Handbook, I discussed a recent federal-court decision to demonstrate why it is crucial for employers to document workplace performance and misconduct. Today, after the jump, I have another federal-court decision — one in which an employer’s failure to properly paper an employee’s leave…
The Family and Medical Leave Act (FMLA), a federal law, entitles eligible employees of covered employers to take up to twelve workweeks of unpaid, job-protected leave in a 12-month period for: the birth of a child and to care for the newborn child within one year of birth; the…
The Employment Law Blog Carnival has finally rolled into town. What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme. For this edition of the Carnival,…