News & Analysis as of

Attendance

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

Rivkin Radler LLP

An Inveterate Golfer At the IRS

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As we approach the deadline for paying federal individual income taxes and, generally, for filing the returns on which such taxes are determined, some of you may be recalling how the Inflation Reduction Act of 2022...more

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

Gould + Ratner LLP

Chicago Enacts New Paid Leave and Paid Sick and Safe Leave Ordinance

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On November 9, 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the Ordinance), which takes effect on December 31, 2023. The Ordinance will replace Chicago’s current Paid...more

Rumberger | Kirk

A Salary By Any Other Name Must Still Be A Salary

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Paying salaries to exempt and non-exempt employees - Highlights: Distinguish between exempt and non-exempt roles for proper salary allocation based on tasks and hourly wages tied to responsibilities. Originally...more

Bradley Arant Boult Cummings LLP

Attendance Policies, ADA May Be In EEOC's Crosshairs

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more

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

Minnesota Law Prohibits Forced Attendance at Employer-Sponsored Meetings Concerning Religious or Political Matters

On May 24, 2023, Governor Tim Walz signed into law legislation that adds a new section to the labor and employment law of Minnesota to prohibit employers from taking adverse employment action against employees who decline to...more

Bradley Arant Boult Cummings LLP

Bueller? Bueller? EEOC Examining Attendance Policies for ADA Violations

Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal...more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

Sherman & Howard L.L.C.

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

Fisher Phillips

5 Tips for Employers to Avoid a Fumble Ahead of Super Bowl Sunday

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More than 100 million people are expected to watch Super Bowl LVII on February 12 – including many of your employees. Maybe they’re avid fans or perhaps they’re simply tuning in for the commercials or halftime show. Either...more

Amundsen Davis LLC

Does New York’s New Absence Law Prohibit “No-Fault” Attendance Policies? YES, KIND OF!?!?

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On November 21, 2022, New York State Governor Kathy Hochul signed Assembly Bill 8092B, amending the state's labor law to clarify that employers cannot retaliate against employees for “any legally protected absence pursuant to...more

Benesch

New York State Explicitly Limits Bounds of “No Fault” or Points-Based Attendance Policies

Benesch on

On November 21, 2022, New York Governor Kathy Hochul signed into law a new measure that explicitly prevents employers from penalizing workers for lawful absences. The new law amends Section 215 of New York Labor Law...more

Littler

An Employer’s Guide to New York State’s New Lawful Absence Law

Littler on

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees...more

Foley & Lardner LLP

“No-Fault” Attendance Policies Now Unlawful in New York: What Should Employers Do?

Foley & Lardner LLP on

Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...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

Proskauer - Law and the Workplace

What to Do When Your Timekeeping System Crashes

A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software.  With your timekeeping systems compromised, how do you determine what to pay your...more

Foley & Lardner LLP

Perfect Attendance Awards: How to Navigate Them Perfectly

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What is one of the key ways to promote good attendance? For many employers, it is by implementing a perfect attendance award bonus for employees who work for a month or a quarter without missing any scheduled work days...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

Does Your No-Fault Attendance Policy Apply to Employee Absences Due to COVID-19?

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Many companies have no-fault attendance policies where employees are automatically issued “points” or “occurrences” for unexcused absences and tardies. These policies generally allow exceptions for certain absences, such as...more

Fisher Phillips

How Employers Can Avoid Employment Fumbles and Win on Super Bowl Sunday

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The stage has been set for Super Bowl LVI on February 13 – the Cincinnati Bengals will be playing the Los Angeles Rams in the Rams’ home stadium. This game is annually the most watched television broadcast event, with over 90...more

Sherman & Howard L.L.C.

Kronos Outage: Five Things to Do Now if You Are Impacted

Sherman & Howard L.L.C. on

Just as the year is winding down and many HR professionals are looking forward to well-deserved breaks away from work, Kronos announced that it was the victim of ransomware and that UKC Workforce Central, UKG TeleStaff,...more

Dentons

Attendance Policies and the Demand for Flexible Work

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As employees return to the workforce from remote work and the ability to take a break and walk the dog whenever they want, many are demanding to increase flexible work schedules. As humans, we think primarily about what...more

McAfee & Taft

FMLA does not prohibit termination for failure to comply with call-in requirements

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Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more

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