An employer must provide written notice to an employee each that an employee gives notice of the need for FMLA leave. The employer has to give the notice within a reasonable time after notice of the need for leave is given by the employee (within one or two business days if feasible.) [See 29 CFR [...]
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Fact Sheet 28 for The Family and Medical Leave Act
In addition to putting up the new FMLA poster, covered employers must give notices to employees about their rights under the Family and Medical Leave Act. Section 29 CFR 825.301 describes the required notices. If you have written guidance to employees concerning employee benefits or leave rights, such as in an employee handbook, information concerning [...]
Record Keeping Under the Family and Medical Leave Act
The Family and Medical Leave Act does impose some record-keeping requirements on employers. [See 29 CFR 825.500]. The law does not impose any particular form or order of the records. Employers umst keep the records for at least three years. Covered employers who have eligible employees must maintain records that must disclose the following: Basic [...]
New FMLA Poster
Under the Family and Medical Leave Act of 1993, covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. The poster at WH Publication 1420 is sufficient. Under 29 CFR 825.300: (a) Every employer covered by the FMLA is required to post and keep posted on its [...]
FMLA Day is January 16
The new regulations under the Family and Medical Leave Act go into effect on January 16, 2008. Jon Hyman of the Ohio Employer’s Law Blog tells us the eight steps you should take to get ready: Tomorrow is “FMLA Day.” Is your company ready? Make sure you put up the new FMLA poster.
The Electronic Communications Privacy Act
The Electronic Communications Privacy Act (Pub. L. 99-508, Oct. 21, 1986, 100 Stat. 1848, 18 U.S.C. § 2510) prohibits unauthorized “intercepts” of electronic communications, such as email. In Fraser v. Nationwide Mutual Insurance Co., 135 F. Supp. 2d 623 (E.D. Pa. 2001)) an employee had sent the e-mail, the recipient at the competitor company had [...]
Ten Ways to Turn Your Holiday Party Into A Lawsuit
Shanti Atkins of ELT published The Top 10 Ways to Turn your Holiday Party into a Lawsuit: Number 10: Ask staff to work evenings or weekends arranging the party, but don’t pay them for the extra time because it’s not really “work.” Number 9: Insist on calling it a “Christmas party.” Number 8: Invite the [...]
Comprehensive Changes to Family and Medical Leave Act Regulations
On November 17, 2008, the U.S. Department of Labor published final regulations under the Family and Medical Leave Act of 1993 (FMLA). Morgan Lewis put together this great summary of the regulatory changes: Department of Labor Enacts Comprehensive Changes to Family and Medical Leave Act Regulations (.pdf)
Inflated Credentials
The Wall Street Journal had a story on inflated academic credentials: Inflated Credentials Surface in Executive Suite by Keith J. Winstein. Kroll issues an annual report of its “hit ratio” that says about 20% of job seekers and rank-and-file employees undergoing background checks by their companies are found to have inflated their educational credentials. Referring [...]
Littler Mendelson White Paper on California’s Mandatory Training Law
Littler mendelson, P.C. put together a White Paper on California’s Mandatory Training Law for Sexual Harrassment. The purpose of this white paper is to provide analysis and practical information to employers as they re-train their supervisors in the 2007 training year pursuant to California’s mandatory training law. The authors of the White Paper are David [...]
