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October 2015 Newsletter

IAML's Executive Director, Bob Lee, discusses the ramifications of the NLRB's decision in the Browning-Ferris Industries case with esteemed faculty member, John F. Wymer, III, Esq. of Sherman & Howard. Bob Lee:  "Hello and welcome.  I am Bob Lee, the Executive Director of the Institute for Applied Management & Law.  Thank you for joining us for the IAML Alert on the impact of the recent NLRB decision in Browning-Ferris...
Do you require your employees to fill out a form or an application to request leave under the Family and Medical Leave Act? If not, are you thinking of changing to such an approach? Either way, pay attention to this story about Carrie, whose particular leave situation is instructive for employers. The Facts Carrie was a bus driver and cafeteria worker for a local school district. Interesting combination, but I’ll keep my comments...
Yahoo’s CEO Marissa Mayer announced this week that she is expecting twin girls, and Yahoo’s stock reportedly took an immediate dive. (H8rs!) Mayer said that she plans to take only two weeks off, and she can probably manage that because she has a nice nursery right off her CEO office. (You may recall that she had it built at the same time that she outlawed telecommuting by Yahoo employees. In her defense, I think she’s mellowed a bit...
On Labor Day, President Obama signed an Executive Order (“Order”) forcing companies who contract with the federal government to provide paid sick leave to their employees. The Order tracks the language in many states’ paid sick and crime victim leave laws. For employers who currently contract with, or plan on contracting with, the federal government, the Order requires a close reading to ensure compliance. Larger companies may already comply...
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following: NothingIssue 8 bazillion warnings but never act on themOffer a demotion, or a transfer to a less demanding jobLet the employee stay on the payroll for several months while he...
If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair Labor Standards Act. (If not, DOL Fact Sheet # 71 provides a summary, and we explained the test in greater detail in an earlier post.) Recently, the Eleventh Circuit Court of Appeals issued an opinion in which it...
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