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Are Employees Receiving a Lavish Gift This Holiday Season or an Unintended Lump of Coal in Their Stockings? COVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling...more
Employers with more than 500 employees nationally, and employers of healthcare-provider and emergency-responder employees previously exempted from Families First Coronavirus Response Act (FFCRA) requirements, must provide...more
Full-Time and Part-Time Employees under the FFCRA - The Department of Labor’s Wage and Hour Division issued standards governing emergency paid sick leave and expanded family and medical leave available to full-time and...more
On March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published much anticipated initial guidance on the federal Family First Coronavirus Response Act (“FFCRA”)....more
What does the Act require of employers? The Act requires employers with fewer than 500 employees to provide emergency paid sick leave to certain workers who have been impacted by the COVID-19 pandemic. The Act also expands...more
As we previously reported, Nevada has enacted a personal leave law, which, effective January 1, 2020, will require private employers with 50 or more employees in Nevada to provide certain employees working in the state with...more
In a July 17, 2018 opinion, the U.S. Court of Appeals for the Sixth Circuit held “full-time presence at work is not an essential function.” In so holding, the Sixth Circuit reversed the trial court’s grant of summary judgment...more
Employees seeking accommodations for medical conditions under the Americans with Disabilities Act often request modified work schedules. In some cases, the employee presents medical information indicating an ability only to...more
“You have to show up for work—it’s a part of your job.” Attendance at the workplace is an essential work function in an ADA case. But is it really anymore? With technology, some would argue that many jobs can be done from...more
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
Earlier this year, the City Council of Tacoma, Washington approved a Paid Leave Ordinance (“Ordinance”). Starting February 1, 2016, nearly all private sector employers must provide employees who work in Tacoma specified...more
The U.S. Court of Appeals for the Sixth Circuit held in Mendel v. City of Gibraltar that volunteer firefighters, who receive $15 per hour whenever they voluntarily choose to respond to calls, are employees who must be counted...more
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