Tag Archives: Sick Leave

Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots

Ver la versión en español aquí I recently spoke at the SHRM 2018 Annual Conference & Exposition in Chicago. My topic was  “Health Issues are Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots.” SHRM had over 18,000 attendees. It was a great opportunity to discuss some of the legal issues employers face when … Continue Reading

Morale Makes Money: How Starbucks Raised the Bar(ista)… Again

Ver la versión en español aquí Last week, the CEO of Starbucks, Kevin Johnson, announced the ‘Partner and Family Sick Time’ benefits for all of Starbucks’ U.S. employees. Starbucks is giving employees a number of additional perks, including increased wages, stock grants, six-week paid parental leave for non-birth giving parents and five days of paid … Continue Reading

It’s Payday! Are Pay Stubs an Employer’s Friend or Foe?

Ver la versión en español aquí Poll in-house counsel about the things that keep them up at night.  The contents of a wage statement (commonly known as a “pay stub”) would be way down that list.  After all, the federal Fair Labor Standards Act (FLSA) and Florida state law do not require any specific information … Continue Reading

REGISTRATION OPEN! 27th Annual Labor & Employment Law Seminar

I cannot believe another year has come and gone! We are quickly approaching our 27th Annual Labor & Employment Law Seminar. Join us Friday, May 19th from 8am-4pm at the JW Marriott Marquis Miami as we “Predict the Future” and discuss what awaits employers in 2017. Mark your calendars now because this year’s seminar is not to … Continue Reading

Same-Sex FMLA Coverage: Where You Were Married, Not Where You Live

Ver la versión en español aquí Effective March 27, 2015, the FMLA’s definition of “spouse” will expand to include an FMLA-eligible employee in a lawful same-sex or common law marriage, even if the marriage is not recognized in the state in which the employee lives or works. This change will provide all legally married couples … Continue Reading

The 24 Year Journey – Did Absence Make the Heart Grow Fonder?

Ver la versión en español aquí How’s this for news? A.K. Verma, an engineer for the Central Public Works Department (CPWD) in India, was recently fired after last showing up for work in December 1990. Verma left work sick one morning in 1990. He requested leave and then sought an extension of his initial leave. … Continue Reading

Takeaway Lessons from One Employer’s Loss on FMLA Retaliation Claim

Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading

Employers Left in Flux Over FMLA Obligations After Supreme Court’s United States v. Windsor Decision

On June 26, 2013, the United States Supreme Court in United States v. Windsor struck down the Defense of Marriage Act (“DOMA”) which had defined “marriage” as a legal union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex who was a husband or a … Continue Reading

FMLA Update: Revised FMLA Regulations Mandate Compliance With GINA’s Confidentiality Requirements

The revised regulations for the Family and Medical Leave Act (FMLA) require that records or certifications submitted for FMLA leave that contain genetic information and family medical history are subject to the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA).  Click here for a link to GINA’s confidentiality regulations (29 C.F.R. §1635.9). … Continue Reading

FMLA Update: Revised Regulations, a New Poster and a New Certification Form

The Department of Labor (“DOL”) published revisions to certain regulations for the Family and Medical Leave Act (FMLA), a new poster and a new certification form.  The following highlight key issues for employers with regard to the revisions. New FMLA Poster.  The DOL revised its FMLA poster, also referred to as the “General Notice”, effective … Continue Reading

FMLA Update: Leave Available to Care for an Adult Child

The Family Medical Leave Act (“FMLA”) provides eligible employees up to 12 weeks of unpaid, job-protected leave to care for a “son or daughter” with a serious health condition.  According to the regulations implementing the FMLA, “son or daughter” includes a minor child and a child “who is 18 years or older and incapable of … Continue Reading

Federal Appellate Court Holds That FMLA Protects A Pre-Eligibility Request for Post-Eligibility Leave

The federal appellate court that covers Florida, the Eleventh Circuit, recently decided what lawyers call a case a first impression – a legal issue that has not been previously ruled on by the court.  The case is Pereda v. Brookdale Senior Living Communities, Inc., and the issue was whether an employee who is not yet … Continue Reading

Court Says Woman Who Quit Her Job is Entitled to Unemployment Benefits

A Florida appellate court, in Rivera v. Fla. Unemployment Appeals Commission and Pollo Operations, Inc., has directed Florida’s unemployment agency to give unemployment benefits to a woman who voluntarily quit her job.  The woman, Nail Rivera, worked at Pollo Tropical restaurant for nine years when she complained that an assistant manager touched her buttocks.  Ms. Rivera … Continue Reading
LexBlog