News & Analysis as of

Absenteeism

Jackson Lewis P.C.

Employer Considerations Post-Hurricane

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The true impact of Hurricane Francine on Southeast Louisiana may not be known for weeks after it made landfall early in September. Even as the storm passes and normalcy gradually returns, employers must still be mindful of...more

ArentFox Schiff

Chronic Absenteeism in K-12 Education Pre- and Post-COVID-19 Shutdowns

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During the 2015-2016 academic year, the US Department of Education identified 7.3 million students as chronically absent, meaning that 16% of the student population, or approximately one in six students, were categorized as...more

Rodemer Kane Attorneys at Law

Colorado Truancy Laws

In Colorado, CRS § 22-33-104 the statute that defines school truancy and requires kids to attend school. If a child doesn't attend school as ordered, or if parents fail to ensure their child's attendance, they can face...more

Bradley Arant Boult Cummings LLP

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Constangy, Brooks, Smith & Prophete, LLP

Suit based on notice of intermittent FMLA absences will go to trial

Employers, don't be too rigid about employee notice requirements. Weird case from the U.S. Court of Appeals for the Sixth Circuit. Imagine this: You're the HR manager at a manufacturing facility. An hourly employee has...more

Proskauer - Law and the Workplace

New York State Legislature Approves Law That Prohibits No Fault Attendance Policies

The New York State legislature recently passed a bill (Senate Bill S1958A) that, if and when enacted into law, would amend the New York Labor Law to clarify that employers who maintain “no fault” or absence control policies...more

Foley & Lardner LLP

Fourth Circuit Holds Magistrate Judge Jurisdiction Does Not Require Absent Class Members’ Consent

Foley & Lardner LLP on

Federal law delineates a magistrate judge’s exercise of jurisdiction over a civil case. Specifically, with the “consent of the parties,” a magistrate judge may conduct “any or all proceedings . . . and order the entry of...more

Franczek P.C.

2021 Legislative Update Summary of Changes in School Law

Franczek P.C. on

GENERAL  - Public Act 101-0654 - Education Omnibus Bill - Effective: March 8, 2021  Enacts multiple changes in Illinois public schools, workforce, and higher education. Among these changes include the following:...more

Amundsen Davis LLC

Managers: Your Company’s Employee Handbook Has This, Right?

Amundsen Davis LLC on

“This” is a no-call/no-show policy, the terms of which are generally something like: “An employee who is absent from work for three consecutive days without giving proper notice to the Company will be considered to have...more

Bodman

Workplace Law Lowdown | Unemployment Benefits Denied for “No Call, No Shows”

Bodman on

The Michigan Court of Appeals recently determined that, under the Michigan Employment Security Act (“MESA”), a three day no call, no show is a voluntary leave without good cause which disqualifies claimants from unemployment...more

Littler

‘Cause We’re Still Living – At Appropriate Distance – in a World of Fools (Spanning the Globe Because You Still Can’t)

Littler on

WARNING: this article is intended for immature audiences. Hopefully, that light at the end of the tunnel is not the on-coming 5:15 from New Haven. While we’ve been fortunate to have continued working safely and responsibly...more

Payne & Fears

Key California Employment Law Cases: October 2020

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Summary: Employers have a duty to investigate the accuracy of any criminal conviction report prior to terminating an employee on the basis of such information where there is evidence that the report may be incorrect.  ...more

Littler

The Netherlands: Can an employee hide and then seek a notice payment?

Littler on

The Central Netherlands District Court recently held that failure to turn up at work and to contact an employer about the absence justifies summary dismissal....more

Seyfarth Shaw LLP

Novel Oregon Federal Court Ruling On Communications With Absent Class Member

Seyfarth Shaw LLP on

Seyfarth Synopsis: In McKenzie Law Firm, P.A., et al. v. Ruby Receptionists, Inc., 18-CV-1921, 2020 U.S. Dist. LEXIS 94299 (D. Or. May 29, 2020), the U.S. District Court for the District of Oregon lessened the standard for...more

Hogan Lovells

Companies: What is the legal antidote to COVID-19?

Hogan Lovells on

Everyone is involved in limiting the spread of this new coronavirus, and the efforts of employers must be combined with those of employees. HR, HSE, Compliance, etc., your role is crucial in this crisis management. You will...more

Franczek P.C.

Coronavirus Disease - 2019: A Guide for Illinois Schools

Franczek P.C. on

Since the first reported case of coronavirus disease 2019 (COVID-19) in Wuhan, China, on December 31, 2019, school districts in Illinois have been preparing for a potential outbreak within the state. In so doing, school...more

Pullman & Comley - School Law

Guidance to Address COVID-19

Few topics have recently dominated the news as much as COVID-19, recognized widely as the Coronavirus. As the virus spreads, schools across Connecticut should be well-prepared to prevent the spread of this infectious...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Seyfarth Shaw LLP

Coronavirus: Employer Liability Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: By now, the worldwide health authorities and media have publicized the 2019 Novel Coronavirus (2019-nCoV) (sometimes called Coronavirus) (the “virus” or “disease”) that has been first identified in Wuhan,...more

Morgan Lewis

UPDATED: Responding to the 2019 Novel Coronavirus: An Initial Guide for Multinational Employers in the PRC

Morgan Lewis on

This Lawflash provides multinational companies with operations in the People’s Republic of China (PRC) with some guidance on how to handle the challenging employment issues during this time. The situation is fluid and rapidly...more

Littler

Illinois Employers Are Due for a Check-Up: 2020 Paid Sick Leave Updates

Littler on

As “Super Sick Monday” approaches, employers will review their sick leave policies and procedures to ensure that operations are not “sacked” by excessive absenteeism the day after the Super Bowl, and that an enforcement...more

Littler

Ontario, Canada: Employee’s Excessive Absences to Pursue Education Need Not be Tolerated by Employer

Littler on

In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a part-time restaurant employee in Ontario, Canada with two years’ seniority was discharged from her employment because her...more

Littler

Littler Lightbulb: Tips for Handling Workplace Issues Related to the Big Game and Other Madness

Littler on

As we near two heavily followed sporting events—the Super Bowl and the March Madness NCAA basketball tournament—employers may notice flagging focus from employee fans. Because these events are popular and often available via...more

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