Employees can’t be held responsible for work not performed while they are out on FMLA medical leave. But that doesn’t mean employers are powerless to discipline an employee for poor performance that’s not related to the medical leave.
Want to transfer an employee to give her a fresh start after settling an informal complaint? As long as her job remains essentially the same and the position isn’t radically different, such a move probably won’t be viewed as retaliation or another instance of discrimination.
Employees who allege they have been retaliated against for engaging in some form of protected activity don’t have long to sue. If an employee works for a government agency and alleges that his First Amendment right to free speech has been violated, the lawsuit must begin within three years.
Something to consider if you have an internal system for handling disciplinary appeals: Reversing a disciplinary action like a termination could be used against you later as proof of retaliation.
If you are sure an employee has been misusing FMLA leave or submitting fraudulent information as part of her FMLA leave request, don’t fear punishing her.
National home-improvement chain Lowe’s has settled charges it violated the ADA when it terminated employees after they exhausted the amount of leave the company permitted.
Retail giant Target could face a class-action lawsuit in federal court in New York.
Following two years of development and debate, the U.S. Department of Labor in May released a sweeping overhaul of the regulations for paying overtime to exempt, white-collar employees.
The U.S. Department of Labor’s Employee Benefit Security Administration has asked a federal court to appoint a fiduciary for the 401(k) plan at Astro Communications, a Bronx telecommunications firm.
Most employers have little interaction with the Occupational Safety and Health Administration, the federal agency tasked with overseeing workplace safety. Unless they were one of about 36,000 employers OSHA inspected last year, most businesses, particularly smaller businesses, may have gone for many years without dealing with the agency. That is about to change.