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Employment Law

OK to set limits on intermittent ADA leave

05/09/2016
If employees have disabilities that flare up periodically, be prepared to provide reasonable accommodations—within limits.

Making employee a ‘corporation’ doesn’t make her an independent contractor

05/09/2016
A court has dismissed a company’s assertion that a former employee now working and being paid as a corporation means the employee was no longer an employee.

ADA: ‘Unlimited’ sick days aren’t reasonable

05/09/2016
At some point, providing more leave interferes with performance of the job’s essential functions. That point is easily reached when the employee demands unlimited sick days as an accommodation.

NLRB’s ‘ambush’ rules reduced union election cycle by 2 weeks

05/06/2016
An NLRB analysis of union representation cases in the last year reveals there is now about 14 days off the time between initial filings of an election petition and actual balloting.

Employers: Display updated FMLA poster

05/05/2016
In May 2016, the U.S. Department of Labor issued a new version of the FMLA poster that employers are required to hang in their workplaces. The big question: If you already have an FMLA poster in your workplace, must you display this new version? Here are the details, plus links to the new poster and employer’s guide …

HR firm pays for basic wage-and-hour mistake

05/05/2016
A California HR outsourcing firm must pay more than $1 million in back overtime wages to hundreds of employees after a U.S. Department of Labor investigation found widespread Fair Labor Standards Act violations.

Supreme Court backs cop demoted over city politics

05/05/2016
The free-speech rights of government employees got a boost April 25 when the U.S. Supreme Court ruled 6-2 that it’s illegal to demote or fire a public servant for supporting a particular politician.

Beware knee-jerk firing after FMLA leave

05/04/2016
Employees who return from FMLA leave may not be fully healed. They may, in fact, have developed serious enough medical problems to be disabled under the ADA.

Self-audit checklist for administrative exemption

05/03/2016

So here we are at the beginning of May. Sooner (or maybe later) the Department of Labor will release its long awaited regulations increasing the weekly amount employees must earn to be exempt under the Fair Labor Standards Act (FLSA). Last week, we offered a checklist you could use to review the status of your executives. This week, we’re offering a checklist you can use to test the status of your administrative employees.

Wolf issues executive orders combating LGBT discrimination

05/02/2016
Gov. Tom Wolf grew tired of waiting for the state legislature to send him a bill adding lesbian, gay, bisexual and transgendered people to the protected classes listed in the Pennsylvania Human Relations Act.