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Generally, an employer’s duty to accommodate takes more than an employee merely disclosing a disability
In a recent Fourth Circuit decision, the plaintiff learned this lesson the hard way. Continue reading
In a recent Fourth Circuit decision, the plaintiff learned this lesson the hard way. Continue reading
Employees who want to take leave under the Family and Medical Leave Act must give at least 30 days advance notice if possible and practical. If 30 days’ notice is not practicable, for example, when the employee does not know when leave will begin, or if circumstances change or there is a medical emergency, the employee must provide notice of the need for leave as soon as possible and practical.
The employer can deny the leave if the employee does not satisfy the FMLA’s notice requirements. Continue reading
The NCAA Men’s Basketball Tournament began yesterday. Last night, I read that the average worker will spend seven hours watching it, with 26 percent of Americans saying they’re prepared to skip work altogether to watch. Cynically, I imagine some of these workers are currently on intermittent FMLA. Continue reading
Yesterday, several House Democrats announced the introduction of the Protected Time Off (PTO) Act to guarantee all full-time workers access to at least ten paid days off from work each year. U.S. Senator Bernie Sanders (VT), who proposed a 32-hour workweek last week, is introducing companion legislation in the Senate. Continue reading
“Miscarriages can be personally devastating. No one should have to choose between getting the pregnancy care they need and losing a job.” Continue reading
Earlier this year, I wrote about a white employee in Colorado who claimed his former employer subjected him to a hostile work environment by requiring him to attend anti-harassment training.
Employment lawyers and human resources professionals regularly preach that managers must document employee performance issues as a best practice so that if/when that manager wants to terminate the employee, the company has the “receipts” to justify the decision. Continue reading
The same week that the U.S. Department of Labor’s rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect, both houses of Congress introduced legislation to shorten the workweek. Continue reading
Suppose one of your employees, a widget maker, takes leave under the Family and Medical Leave Act. Continue reading
(At least I didn’t say, “It depends.”)