[LEGAL MARKETING MOMENTS] When Hosting Webinars, Do This To Help Your Attendees and Your Attendance
In the wake of the pandemic, some employers — opting for the carrot over the stick — have started offering weekly attendance bonuses to incentivize a return to the office. We have recently seen an uptick in employee-filed...more
A federal appeals court just ruled that an employee had provided sufficient notice for his need for intermittent FMLA leave and subsequent absences due to “flare ups” of recurrent depression – even though he had only provided...more
New York employers who maintain no-fault attendance policies will soon need to change their practices to ensure employees are not penalized in any way for any absence legally protected under federal, state or local law. New...more
An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the...more
The Third Circuit Court of Appeals recently identified the difference between merely “requesting” Family and Medical Leave Act (FMLA) leave and “requesting and reporting” FMLA leave. At issue in the case was the employer’s...more
A terminated Kroger Co. distribution center worker has just sued the grocery store giant over its handling of absences for what she alleges were COVID-19 symptoms. The most interesting aspect of this claim is that the...more
Under the Family and Medical Leave Act, employers cannot penalize employees for use of FMLA leave. Earlier this month, the Sixth Circuit Court of Appeals found that an employer’s resetting of a perfect attendance program...more
Job-protected leave continues to be the most common accommodation requested by employees under the Americans with Disabilities Act. For employers, the question remains at what point does the amount of work missed end the...more
Recent decisions from the Second, Fifth, and Eighth Circuit Courts of Appeals exemplify the growing consensus amongst courts that even employees with a disability are generally required to comply with company attendance...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) released a new opinion letter concerning the Family and Medical Leave Act (FMLA) and “no-fault” attendance policies on August 28, 2018. Employers may want to...more
In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s...more
On July 6, 2017, a three-judge panel of the United States Court of Appeals for the Tenth Circuit reiterated that physical attendance in the workplace is an essential function of most jobs and emphasized this is particularly...more
In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more
Attendance point systems undoubtedly have appeal. These policies — often referred to as “no fault attendance policies” because they assign points to absences regardless of the cause — take the subjectivity out of...more
In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more
In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?...more
Last Friday, the full U.S. Court of Appeals for the Sixth Circuit found in favor of Ford Motor Company in a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission. ...more