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Employment Law

Deny FMLA if clarification request goes unanswered

06/14/2018
You can require employees seeking FMLA leave to have their health care provider submit a certification form estimating how long the medical condition will last. If that or any other part of the certification is left blank, the employer can request clarification.

Expect lawsuit when inexperienced newbie suddenly replaces older, excellent worker

06/14/2018
When an employer suddenly replaces a long-term employee with a younger, inexperienced one without explanation, the older employee may have enough evidence to file an age discrimination lawsuit and get to trial.

It’s all fun and games until joking about injuries leads to an FMLA violation

06/14/2018
While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.

Employee acting as own lawyer? Expect delays

06/14/2018
Unfortunately for employers, pro se litigation can take lots of time (and money) to defend. Judges are often willing to indulge employees who act as their own lawyers by providing detailed instructions on how to revise a complaint that would have been summarily dismissed had it come from an attorney.

Ensure employees know about intermittent leave

06/14/2018
Not every employee who needs FMLA leave has to take a continuous block of time off. They may need short amounts of leave to go to medical appointments, check in for brief hospital treatments or deal with flare-ups of their medical conditions. That’s what FMLA intermittent leave is for.

Even some common injuries can be disabilities

06/14/2018
Under the ADA, each worker’s disability must be considered on an individualized basis. Thus, a condition that might not slow down one person may have a more profound effect on another, warranting a reasonable accommodation.

Department of Labor opinion letters are back

06/14/2018
As part of fulfilling its mission to enforce the Fair Labor Standards Act, the FMLA and other laws—and in recognition of their complexity—the DOL allows employers to ask specific questions about how to comply.

How to prep for flood of #MeToo complaints

06/14/2018
In a recent NPR radio interview, Society for Human Resource Management CEO Johnny Taylor reported that #MeToo has created an “HR level of activity like nothing we’ve ever seen.”

Rowlett, Texas bar to pay $20,000 to settles pregnancy bias suit

06/12/2018
The owner of Nick’s Sports Grille in Rowlett, outside Dallas, has agreed to settle charges it discriminated against a pregnant bartender who was fired after she could no longer fit into the bar’s skimpy uniform.

If former employee sues you, you may be able to file a counter-claim against him

06/12/2018
It’s probably not in your best interest to jump the gun and sue a former employee if he hasn’t sued you. However, it may make sense if the former employee has initiated legal proceedings against you.