Q. I’ve heard that not all industries are covered by the . Are trucking companies exempt? If so, we have several employees out on workers’ compensation and . Can we fire them? — T.Z., New York
A. You’ve got your FMLAs and FLSAs confused. The Fair Labor Standards Act (), the federal wage-and-hour law, does allow certain individual exemptions for over-the-road truckers. However, no similar across-the-board industry exemption applies under the FMLA or workers’ compensation laws for businesses engaged in trucking.
We strongly suggest that you speak with an experienced employment lawyer before your next move. (For more on www.dol.gov/esa/whd/fmla.) , go to
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employee out for one day probably ineligible for FMLA
- The EEOC's new initiatives for 2008: All talk … or a real threat?
- Should we offer reasonable accommodations even if our employee hasn't asked?
- Laying off employee who's out on FMLA leave? Better be prepared to back up the rationale