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Attendance Corporate Counsel

Warner Norcross + Judd

No Good Deed Goes Unpunished: Uptick in FLSA Litigation Over Attendance Bonuses

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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

Fisher Phillips

Federal Appeals Court Throws Up a Flare for Intermittent FMLA Leave Compliance

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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

Fisher Phillips

No Fault No More: New York Bans Discipline for Legally Protected Absences

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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

Jackson Lewis P.C.

Regular Attendance Is Essential Even If Employer was Lenient In The Past, Fifth Circuit Holds

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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

White and Williams LLP

Words Matter in Attendance Policies

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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

Fisher Phillips

New COVID-19 Lawsuit Sends Warning To Employers Too Large To Be Covered By FFCRA

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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

Parker Poe Adams & Bernstein LLP

Perfect Attendance Benefits Interfered With FMLA Rights

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

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says ADA Does Not Require Waiving Attendance Policy

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

Jackson Lewis P.C.

Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function Of Most Jobs

Jackson Lewis P.C. on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Enforcement Guidance on “No-Fault” Attendance Policies and FMLA Leave

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

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

BCLP

Temps in Tenth Circuit Face Stricter Scrutiny When Seeking Time Off as Reasonable Accommodation

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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

Bradley Arant Boult Cummings LLP

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

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

Bond Schoeneck & King PLLC

EEOC Has Attendance Point Systems in its Sights

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

Parker Poe Adams & Bernstein LLP

Employer Not Required to Accommodate Inability to Work Predictable Hours

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

Constangy, Brooks, Smith & Prophete, LLP

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

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

Constangy, Brooks, Smith & Prophete, LLP

Thanks, Ford! Hard-Fought Win Against EEOC In ADA-Telecommuting Case Is Welcome News For All Employers

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

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