The Fair Labor Standards Act says some managers may be held personally liable for unpaid wages, independent of the company’s obligation to pay. Not even a company bankruptcy halts individual liability.
We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.
Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.
Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.
Q. Last year an employee explained an absence by referring to his rights under Minnesota law to attend school activities. What exactly do Minnesota laws say about a parent’s right to be away from work because of school activities or to take care of children?
When a supervisor says something insensitive, employers must fix the problem and then make sure the comment doesn’t reflect some sort of deep bias. Follow up on the comment with appropriate discipline and then check to see that any discipline recommended by the supervisor is based on independently verifiable information.
When an employee threatens litigation, take your time building the case against him. Make sure you base your decision on solid facts. Double-check to see that there’s no way the employee can claim you singled him out for unfair or inequitable treatment. Then rest easy, knowing that if you’re sued, you can counter the allegations with facts and get the case dismissed quickly.
If an employee rebuffs your offers to consider her for ADA accommodations or FMLA leave, make sure you document her desires. That way, she can’t come back later and claim you didn’t accommodate her or give her leave.
Employees who know they are in trouble often try to protect themselves by asking for FMLA leave. That tactic might work only if the employee can show he was eligible for it.
The state legislature is considering a bill that would require all employers to provide up to 12 weeks of paid time off so employees can tend to very ill family members or take care of newborns or newly adopted children.
Every HR pro has to deal with especially difficult and argumentative employees now and then. You may believe an employee is having emotional problems—maybe even a diagnosable mental disorder. But don’t mention your suspicions. You would risk being charged with regarding him as disabled, which gives the employee protections under the ADA or state disability-bias law.
Q. A former employee is demanding pay for her unused vacation and sick leave. Must we pay her?