Tag archive: employee

Federal Court Enjoins DOL FMLA Regulation Addressing Same-Sex Marriages

The Family Medical and Leave Act in part requires an employer to permit an eligible employee to take a leave of absence arising from the serious medical condition involving the employee’s spouse. When Congress enacted the FMLA in 1993, no state had recognized a same-sex marriage. Consequently, the definition of a spouse for FMLA purposes was uncomplicated and uncontroversial.

When Discretion is not Discretion

On March 17, 2015, the Illinois Appellate Court (First District, Second Division) issued an Opinion which was interesting because it gave life to the often-cited covenant of good faith and fair dealing in a contract. While this so-called covenant is often mentioned and discussed, few cases actually operationalize the concept, and rarely does a case base a cause of action on the covenant.

Sharks in the Water: Employers Beware of Technical FMLA Violations

An employee who complained of a major headache left work and went to a local health care clinic where a physician assistant diagnosed the employee with high blood pressure. The physician assistant provided the employee with a signed note indicating he could return to work in four days.

FMLA: Pick A Year… Any Year

FMLA eligible employees can take up to 12 weeks of unpaid leave during a 12-month period. But, the question is – which 12 month period?

EEOC Draws Bipartisan Fire from Senate Committee

As we have previously reported, the EEOC has taken an adversarial stance towards employers that impose negative consequences on employees who do not take advantage of wellness program initiatives. While the Affordable Care Act specifically authorized employers to utilize and implement wellness program initiatives in order to encourage healthy lifestyle choices by its employees, the EEOC has reacted by suing employers contending that such initiatives violate the ADA prohibitions on medical inquiries or discrimination against individuals because of their disabilities.

FMLA – Handling Intermittent Leave Issues

Sandberg Phoenix Employment Law Attorney Courtney Cox takes a look at some of the most frequently asked questions when it comes to reduced schedules and FMLA intermittent leave.

Supreme Court Explains Compensable Time

On December 9, 2014, the U.S. Supreme Court decided a case addressing when preliminary or postliminary activities at work are compensable under the FLSA.

New Federal & State Laws That Go Into Effect on January 1, 2015


Executive Order 1365817: Government Contractors — Minimum wage increases to $10.10 per hour for employees of certain government contractors; increases minimum wage of tipped employees to $4.90 per hour.
Affordable Care Act’s Shared Responsibility Provision— the ACA’s employer “pay-or-play” mandate will apply to larger firms with 100 or more full-time employees. W

EMPLOYER ALERT- NLRB Extends Employees’ Right to Engage in Protected and Concerted Activity to Employer’s E-mail Systems

The National Labor Relations Board in its continued effort to assist labor unions and employee unionization efforts has provided employees with an effective organizing tool—their employer’s own email systems. In 2007, the NLRB in Register Guard held “employees can have no statutory right to use their employer’s email systems for Section 7 purposes.

Determining Independent Contractor Status-Eighth Circuit Weighs In

So, how do you know if your workers have been misclassified? As the saying goes, this is easier said than done. The tests used to determine whether a worker is an independent contractor or an employee are complex and often differ among jurisdictions as well as government agencies


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