Wage and Hour Field Operations Handbook Now Available Online
So, you’ve read the FLSA regulations on what you have to count as hours of work, but you are still not sure how to handle the time some employees spent in after-hours training. Wouldn’t you like to know how the Department of Labor’s Wage and Hour Division interprets the relevant regulations and case law? It turns out you’re in luck, because that information is now readily accessible. Read More

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Study Finds FMLA Cost Employers $21 Billion in 2004
A study by the Employment Policy Foundation estimates that the FMLA cost employers $21 billion in 2004 for lost productivity, health benefit continuation premiums, and the net replacement cost of labor. The EPF survey also turned up other interesting statistics concerning the frequency of FMLA leave, the use of intermittent leave, and the notice employees give of the need for leave. Read More

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Sharply Divided Supreme Court Makes It Easier for Older Workers to Sue Employers
By a 5-3 margin, the U.S. Supreme Court has endorsed disparate-impact lawsuits under the Age Discrimination in Employment Act (ADEA). The Court’s ruling opens the door wide for lawsuits by older workers alleging that an employer’s practice or policy adversely affects them, even though no harm was intended. Read More

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Court Says Employee Can Be Fired for Doctor’s Failure to Submit FMLA Medical Certification
The Family and Medical Leave Act seeks to create a balance between the needs of employees and the economic demands of the workplace. Addressing the limits of this balance, the United States Court of Appeals for the Fifth Circuit recently ruled that an employer may terminate an employee, without violating the FMLA, when the employee’s doctor fails to provide a requested medical certification by the deadline set by the employer. Read More

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Severe Itching Caused by Work Environment Not Sufficient to Establish Disability Under the ADA
The U.S. Court of Appeals for the District of Columbia has held that where an employee is substantially limited in a major life activity caused by environmental factors in the workplace, and where the substantial limitations can be eliminated by simply changing jobs or work sites, the individual can not establish a claim of disability within the meaning of the Americans with Disabilities Act. Read More

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Personally Motivated Return to Work During Off-Duty Hours Not Within Scope of Employment for Workers’ Comp
According to the California Workers’ Compensation Appeals Board, when an employee returns to his employer’s premises during off-duty hours for personally motivated reasons and is injured there, the injury is not compensable. Read More

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Spring Cleaning: Do Your HR Files Need to be Sanitized?
It’s springtime! Many of us get the “urge to purge” about this time of year, wanting to slough off all those outdated, ragged-edged files that have been lurking in filing cabinets and drawers. But before you haul out the industrial-size garbage bags and start sweeping folders into it, take a moment to strategize. Here’s how to ensure that your spring cleanup is done right. Read More

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Is Arbitration Right for You? A Checklist to Careful Drafting
Facing skyrocketing jury verdicts, some employers are turning to mandatory employee arbitration programs. But do these programs really save money? And are they right for your organization? Check out our list of arbitration pros and cons (last week’s tip) – and if you think you might want to take the plunge, consider this checklist to careful drafting of arbitration agreements. Read More

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