print

February 2016 Newsletter

Q. Like many east coast employers preparing for the impending blizzard, we want to know how we calculate FMLA leave if our office is closed due to the weather. I have an employee out on FMLA.  Do I count the snow day against this employee’s 12-week leave entitlement? A. Although the FMLA rules do not directly address this question, the general rule for counting FMLA leave during a holiday week would likely apply. So, if the...
Last month we wrote a post concerning the National Labor Relations Board’s (“NLRB”) rejection of a seemingly standard settlement agreement resolving, among other things, Fair Labor Standards (“FLSA”) claims. Since then, FLSA settlement agreements have come under more scrutiny from federal court judges, and some have even refused to grant a stipulated motion for dismissal without first reviewing the agreement.  Not only are courts...
Remember this guy? Former sports columnist T.J. Simers sued the Los Angeles Times for age and disability discrimination, among other things, when he quit his job in 2013. The Times had allegedly demoted him (although with no cut in his salary in excess of $200,000 a year) when he was 63 years old and after he’d allegedly suffered a mini-stroke. We had limited news reports this far east, but based on what I knew, I didn’t think his case should...
The Equal Employment Opportunity Commission issued last week a proposed Enforcement Guidance on Retaliation and Related Issues that would update guidance issued in 1998. If you’re an in-house attorney or a Human Resources professional, I recommend that you read the whole thing. But to keep things digestible on this blog, I’m going to do a series of posts (three in all, I think, but I might need four) on the highlights. Before we...
On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor issued a new Administrator's Interpretation ("AI") on the issue of joint employment under the FLSA. What is joint employment? The FLSA generally applies only to "employers." If a company or organization is an "employer" of a given employee, it's responsible for ensuring that the employee is paid in compliance with the FLSA. In many cases, it's easy to identify the...
Back to Top