Tag archive: employees

EMPLOYER ALERT: DOL Issues Final Rule Changing Definition of “Spouse” Under the FMLA

On February 23, 2015, the United States Department of Labor announced that a final rule revising the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (FMLA).

Minimum Wage Increases Sweeping The Country In 2015

While the federal minimum wage remains unchanged at $7.55 per hour, both “red” and “blue” states continue to increase the required minimum wage rate under state law above the federal minimum wage rate on an increasing basis. As we previously reported, the minimum wage for Missouri employers increased on January 1, 2015 to $7.65 per hour. While there were efforts by the Illinois legislation to increase the state minimum wage rate to over $10.00 per hour in 2015, it was unable to pass both houses.

Increasing Efforts to Protect Transgender Workers

Title VII of the Civil Rights Act prohibits covered employers from making employment decisions based on an individual’s sex/gender. This year, the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and President Obama continued the ongoing efforts to expand employment protection to transgender workers.

EMPLOYER ALERT—Quickie Union Elections Have Arrived!

On December 12, 2014, NLRB announced the adoption of a final rule applying changes to the procedures for union representation cases. The new rule, labeled by some as the “quickie election” rule, will expedite the initial representation election process.

Federal Court Rejects EEOC Request to Enjoin Honeywell Wellness Program

As discussed in an earlier blog article, the EEOC takes a dim view of employer wellness programs to the extent they “encourage” participation through monetary penalties. As part of its wellness program, Honeywell encouraged employees and their dependents to participate in a biomedical test which would analyze a blood sample for, among other things, cholesterol, glucose and nicotine levels.

FMLA Leave – Do employees have to say how long they will be gone?

The short answer – if an employee knows the duration they must tell the employer. If they don’t know the duration, they don’t have to say.

EEOC Enforcement Guidance on Pregnancy Discrimination

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued Enforcement Guidance on Pregnancy Discrimination, which marks the first comprehensive update in over three decades. In the Enforcement Guidance, the EEOC forewarns that it will be much easier to demonstrate that pregnancy-related impairments are “disabilities” under the Americans with Disabilities Act (“ADA”). This change…

Evaluating Employees… If you do it, do it right

Employee evaluations are not fun. But, they can be important for many reasons. A properly executed evaluation can benefit both the employer and the employee by increasing efficiency and productivity and providing valuable and constructive feedback to the employee. It can also help an employee feel engaged in their work and connected to the organization….

FMLA: Retaliation and Interference – Two Paths

The FMLA provides certain protections to employees. It is important that employers familiarize themselves with these protections. Employees claiming FMLA leave  have two separate potential paths of recovery against employers – retaliation and interference. Retaliation Employees are protected against retaliation for: Taking leave under the FMLA; Opposing employment practices that violate the FMLA; Giving information,…

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