Jeff Nowak

Jeff Nowak

Franczek Radelet P.C.

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Does Paid Leave Become Reality in a Trump Administration? And Who is His Likely Choice to Head the Department of Labor?

Every other employment attorney has been offering their opinion on how the election of Donald Trump will impact employment law. So, I’d feel left out of this riveting discussion if I didn’t offer my two cents about how a...more

11/17/2016 - Administrative Appointments DOL FMLA Maternity Leave Paid Leave Parental Leave Pregnancy Pregnancy Discrimination Trump Administration

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

9/1/2016 - ADA DOL FMLA Foreign Nationals H-1B Hiring & Firing Immigrants Reasonable Accommodation Unpaid Leave Visas Wage and Hour

FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It's an LCPC?

Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It’s a Licensed Clinical Professional Counselor? A:...more

8/11/2016 - DOL FMLA Health Care Providers Medical Certification Requests Medical Leave Wage and Hour

DOL Requires Employers to Use New FMLA Poster, Publishes Guide to Help Employers Administer FMLA

Earlier today, the Department of Labor announced that it soon will require employers across the country to post a new DOL general FMLA Notice in their workplaces.  In issuing this new directive, the agency also unveiled a new...more

4/25/2016 - DOL FMLA New Guidance Posting Requirements

FMLA FAQ: How Does an Employer Calculate Intermittent FMLA Leave When an Employee Moves from Full-Time to Part-Time?

Q: One of our employees was at full-time status (40 hrs/wk.) six months ago when he was granted intermittent FMLA leave for a GI issue that flared up from time to time. He took 120 hours of FMLA leave (or three weeks)...more

3/23/2016 - DOL Employee Benefits FMLA Full-Time Employees Part-Time Employees Wage and Hour

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these...more

2/11/2016 - DOL FMLA Medical Certification Requests Popular Wage and Hour

A Big Yawner? DOL Issues FMLA Fact Sheet Regarding Joint Employers

Joint employer issues are all the rage right now. Recently, the National Labor Relations Board (NLRB) put the screws to McDonald’s in finding that the Company is liable “jointly” along with their franchisees for alleged...more

1/28/2016 - DOL FLSA FMLA Joint Employers NLRB Popular Staffing Agencies

DOL Continues to Warn Employers of Investigation of Systemic FMLA Issues

Earlier this month, I had the pleasure of presenting on complex FMLA issues at the American Bar Association’s Annual Labor and Employment conference. During the session, entitled “The FMLA 20 Years Later,” we covered key FMLA...more

11/16/2015 - Compliance Corporate Counsel DOL FMLA Investigations Recordkeeping Requirements

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

10/20/2015 - ADA Disability Disability Discrimination DOL Drug & Alcohol Abuse EEOC Employment Policies FMLA Football Hiring & Firing Leave of Absence Popular School Sports Sports

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

8/6/2015 - Compliance Disability Disability Discrimination DOL EEOC FMLA Pregnancy Pregnancy Discrimination PTO Reasonable Accommodation UPS

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

Earlier this year, the Department of Labor issued a final rule allowing an otherwise eligible employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognized...more

6/29/2015 - DOL Employee Rights FMLA Fourteenth Amendment Obergefell v. Hodges Same-Sex Marriage SCOTUS Spouses

DOL Publishes New FMLA Forms -- Good Through May 2018

Those sneaky little rascals! While the rest of us were enjoying our Memorial Day holiday, those crazy kids over at the Department of Labor were still working away. This time, they were busy posting the new model FMLA notices...more

5/27/2015 - DOL FMLA Genetic Discrimination GINA Health Care Providers Military Caregiver Leave Military Leave Military Service Members Veterans Wage and Hour

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. ...more

4/13/2015 - DOL Employer Mandates FMLA Preliminary Injunctions Same-Sex Marriage

Texas Court Puts a Halt on DOL Enforcement of the New FMLA Rule Extending Leave Rights to Same-Sex Couples

A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect...more

3/27/2015 - DOL Final Rules FMLA Injunctions Same-Sex Marriage

It's March 2015. The DOL's Model FMLA Forms Expired Just Days Ago. Now What?

On February 28, 2015, the DOL’s recommended FMLA forms expired. And on March 1, the sun still rose in the east. Life, as we know it, forged on. It’s anyone’s guess as to when new FMLA forms will be issued, so in the...more

3/3/2015 - DOL FMLA Required Forms

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here's Everything Employers Need to Know

The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This...more

2/24/2015 - Corporate Counsel DOL DOMA Final Rules FMLA Legal History Same-Sex Marriage Spouses US v Windsor

New DOL FMLA Branch Chief: Expect Even More On-Site FMLA Investigations And Focus On Systemic FMLA Compliance Issues

This past December, the Department of Labor quietly turned its FMLA enforcement over to a new leader. After the retirement of FMLA Branch Chief Diane Dawson, who led the DOL’s FMLA enforcement for several years, the DOL...more

4/24/2014 - Compliance DOL Enforcement Actions FMLA Investigations

Can An Employee Insist That The Employer Pay For FMLA Medical Certification?

Let's put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support...more

2/12/2014 - DOL Employee Rights Employer Liability Issues FMLA Medical Certification Requests

FMLA FAQ: Can General Aches And Pains Support The Need For FMLA Leave?

I just returned from Disney World, a trip that had me chasing my kids (ages 8, 6 and 4) for days on end. So, I'm tired. And I ache. My feet ache. My back aches from my four year old riding on my shoulders. My head aches...more

1/30/2014 - DOL FMLA Sick Leave

DOL Publishes Spanish Version Of Its FMLA Poster; Employers Should Consider Their Obligation To Post

Over the past several months, a number of employers have asked me when the Department of Labor would be issuing the Spanish version of its new DOL poster (which accounts for the new regulations issued earlier this year). The...more

9/30/2013 - DOL Employee Rights FMLA

DOL Issues ERISA Guidance On Same-Sex Marriage; Is FMLA Guidance Next?

We have been sitting on the edge of our seat [ok, perhaps I'm on the seat alone] as we await the Department of Labor's anticipated regulations interpreting how the Supreme Court's DOMA decision impacts the definition of...more

9/24/2013 - DOL ERISA FMLA Same-Sex Marriage

DOL Updates Guidance On FMLA And Same-Sex Marriage

Of course, this kind of stuff happens while I'm on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it reported that the Department of Labor had just issued "regulatory...more

8/21/2013 - DOL DOMA FMLA Same-Sex Marriage US v Windsor

Take 2: Does Annual FMLA Certification First Require An Employee's Absence?

The feedback from last week's blog post on annual FMLA certification came fast and furious. ...more

8/13/2013 - Absenteeism Certifications DOL FMLA Sick Leave

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?...more

7/19/2013 - DOL Eligibility FMLA Full-Time Employees Temporary Employees Wage and Hour

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