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As a general rule, federal and state overtime laws only require that actual hours worked be included in the calculation of overtime. This means that vacation, sick days, and holidays are not included. It is important to consider whether there is a…
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This reply is a little late in coming. First, the federal bankruptcy laws prohibit employers from discriminating against a candidate or employee because he or she has filed for bankruptcy. So, the answer to your question related to the bankruptcy …
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There is no requirement that employers provide employees with health insurance coverage, and generally, they can set up different arrangements with employees and design their benefits/compensation as they see fit. The Affordable Care Act (ACA) also …
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I think many of these companies eliminating HR will regret it, so I do not fear for the future of HR. From a legal compliance standpoint alone, the HR manager is often the person who ensures best practices are in place and that the organization com…
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There are a number of issues to consider before implementing this type of policy. The first is a safety concern that many employees might have, especially women. If the photos are being posted on a web site that is available to the public, women wh…
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Hi Lucille: When an employer uses an employee's photograph, likeness, or attributes specific statements to an employee without his or her permission, an individual may have a valid misappropriation claim (e.g., the employer publishes an employee's p…
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Employers may have to pay for the time taken by nonexempt employees to read and send e-mails after work hours. Under the de minimis rule, employers may disregard insubstantial or insignificant periods of time beyond the scheduled working hours, if…
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As you note, there are 4 methods for tracking federal FMLA. The methods for calculating the FMLA 12-week limit may be based on: 1. The calendar year; 2. Any fixed 12-month period (such as a fiscal year, year required by state law, or year that begi…
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Hi Bover; An update on your question . . . Spouses in a same-sex marriage have all rights and benefits as spouses in an opposite-sex marriage. Any references in state law to the spousal relationship apply to same-sex marriages. Parties to a same-se…
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Jamie5136, Apparently your attorneys have determined that the person is non-exempt (most paralegals are) and that she worked, what, 3,000 hours of unpaid overtime? Do you have any records that might refute that number? For example: Computer login da…
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One thing that comes to mind is that in some states, such as California, employees have a right to access their personnel files. In Calfiornia, these files must be kept at the employee's workplace. Even where there is no such law, company policy m…
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As long as her travel time home is outside of her normal working hours that next evening, her travel time would not be counted as paid work time. For example, if a nonexempt employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday…
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According to guidance issued by the Internal Revenue Service (IRS) in IRS Notice 94-103, taking leave under the FMLA does not constitute a COBRA-qualifying event setting off COBRA’s notification requirements. A qualifying event does occur if the fol…
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Hi Kevin: Assuming that the leave is taken for bonding, yes. The FMLA regulations only require that bonding leave must be completed within 12 months of the date of birth or placement (adoption/foster care).
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Thanks - You could either ask for recert due to changed circumstances (i.e., the need for additional leave beyond the most recent certification), or if the employee cannot or will not recertify for the additional leave, you can deny the additional F…
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The regulations from DOL provide that employees of another entity will be counted as your employees, if your company and the other entity are “joint” or “integrated” employers. A corporation with an ownership interest in another corporation is a se…
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In its Administrator Interpretation #2010-3 (June 22, 2010), DOL notes that “where an employee provides day-to-day care for his or her unmarried partner’s child (with whom there is no legal or biological relationship), but does not financially suppo…
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Attempting recertification was a great idea since FMLA allows an employer to do so if circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the il…
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There are several exceptions to this rule. They include: a. Foreman in charge; b. Employees in dairies, creameries, milk condenseries, milk powder factories, milk sugar factories, milk shipping stations, butter and cheese factories, ice cream manu…
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Federal OSHA has not revised the 300 log. If you are in a state-plan state that uses different forms, check your state. Judy Ruddy Managing Editor, Safety Business & Legal Resources
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The Computer Professional Update Act (CPU Act) was recently introduced in the Senate and would amend the current overtime exemption for computer professionals. Proponents feels that the current exemption test fails to take into consideration the maj…
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The ADA prohibits employers from making disability-related inquiries of employees unless the inquiry is job-related and consistent with business necessity. The EEOC addressed the question of inquiries about prescription drugs in its Q&A on disa…