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“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the seventeenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Being unaware of new FMLA interpretations from the U.S. Department of Labor. While the current version of the FMLA regulations has been in place since 2013, is important to keep up to date on the interpretation…
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the sixteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Not requiring an employee to follow customary call-in procedures for FMLA leave. When the need for leave is not foreseeable, an employee must comply with the employer’s usual and customary notice and procedural requirements for…
On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on cell tower “pings.” (“Pings” are more formally referred to as cell-site location information or “CLSI.”) As explained in more detail below, the issue at the center of the controversy in the Carpenter case was whether an individual’s personal location…
  The New Jersey State Bar Association recently met to discuss, among other things, our favorite topic: Cybersecurity. (Perhaps our esteemed Privacy, e-Communication and Data Security Practice Group chair was there….) We wanted to briefly mention two critical points discussed: Critical Point #1: The biggest risk out there is employees. We employees click on all sorts of attractive nuisances (we love those W-2 phishing scams), share our passwords with our colleagues, lose thumb…
Last week, a court upheld the Minneapolis paid sick leave ordinance, but ruled that it is only enforceable against employers within the city’s limits. Minneapolis’s paid sick leave ordinance was passed in 2016 and was immediately challenged by the Minnesota Chamber of Commerce, which argued that the Minneapolis ordinance conflicts with state law and cannot be enforced against employers who do not have a physical presence in the city. That challenge resulted in a temporary…
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the fifteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Not properly communicating with an employee who is about to exhaust the 12 week leave period.  The FMLA allows eligible employees of a covered employer to take job-protected, unpaid leave for up to a total…
Amendments to the New York City “Earned Safe and Sick Time Act” (ESTA) went into effect on May 5, 2018. Eligible employees under the ESTA will be able to use paid time off for circumstances resulting from the employee or a covered family member of the employee being the victim of family offense matters, sexual offenses, stalking, or human trafficking. Additionally, New York City employers are required to provide an updated notice of employee rights…