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Family and Medical Leave Act
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Healthcare Workplace Update
EEOC’s Notice Pleading Survives Motion to Dismiss in Failure to Accommodate and Wrongful Termination Suit
A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC…
Employment & Labor
Must you pay employees for FMLA-related breaks during the work day?
Last week, the Department of Labor Wage and Hour Division resumed its practice of publishing Opinion Letters. One of the first it published answers an interesting question about the intersection…
FMLA Insights
DOL Issues Opinion Letter Allowing Employers to Avoid Payment for Excessive 15-Minute FMLA Breaks; Employers Yawn
By Jeff Nowak
Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. …
Law and the Workplace
DOL Clarifies Pay Rules for FMLA-Related Breaks
By Allan Bloom
In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not…
Employment Law Matters
Opinion Letters Are Back, and Employers Should Pay Attention.
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issues guidance to employers and individuals through Opinion Letters, Ruling Letters, Administrator Interpretations, and Field Assistance Bulletins.…
Disability, Leave & Health Management Blog
Must an Employer Pay for Frequent FMLA Breaks?
Is it compensable time when an employee takes frequent, 15-minute breaks each hour due to the employee’s serious health condition? Today, the United States Department of Labor (DOL) answered this…
SimplyHR
Update: Additional leave as a reasonable accommodation
As we reported last fall, the Seventh Circuit Court of Appeals determined that a multi-month continuous leave of absence is beyond the scope of a reasonable accommodation under the ADA.…
Disability, Leave & Health Management Blog
Supreme Court Declines Review of ADA Leave Obligations
Sometimes the actions a court doesn’t take can have a very big impact. The Supreme Court’s April 2, 2018 decision not to review a recent Seventh Circuit ruling is just…
FMLA Insights
Your Employee Is Absent More Often Than Indicated on his FMLA Medical Certification. Now What?
By Jeff Nowak
A week doesn't go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification. The fact…
Disability, Leave & Health Management Blog
FMLA And ADA Claims Put To Bed Where Employer Did Not Know Employee Had Sleep Apnea At The Time Her Employment Was Terminated.
Sometimes what you don’t know can help you. In Guzman v. Brown County, a 911 Dispatcher who was fired after being late repeatedly had her FMLA interference and retaliation claims…