News & Analysis as of

Attendance Department of Labor (DOL)

Rumberger | Kirk

A Salary By Any Other Name Must Still Be A Salary

Rumberger | Kirk on

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

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

No-Fault Attendance Policy Creates "Fault" for Employer Under FMLA

Foley & Lardner LLP on

“No-fault” attendance policies are common in many industries, especially those involving union settings. These policies do not require employees to justify an absence by presenting a doctor’s note or other equivalent...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather

Epstein Becker & Green on

As winter once again approaches, employers, particularly those in cold-weather states, face the recurring specter of inclement weather affecting business operations and employee attendance. While the weather may create...more

Sherman & Howard L.L.C.

Freeze! Put Your Hands Up And Go Review Your Attendance Policy ASAP…

The Sixth Circuit reminds all employers to carefully review even “no fault” attendance policies for FMLA compliance. Dyer v. Ventra Sandusky, LLC. The employer used a collectively bargained, no-fault, attendance policy that...more

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

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Fisher Phillips

NJ Employers Are One Step Closer To Mandatory Paid Sick Leave - State DOL Publishes Poster And Proposed Regulations In Advance Of...

Fisher Phillips on

In just a few short weeks, New Jersey employers will be required to comply with the state’s new Paid Sick Leave Act. Once October 29 is upon us, New Jersey employers of all sizes will need to provide up to 40 hours of paid...more

Poyner Spruill LLP

U.S. Department of Labor Issues Opinion Letter Regarding FMLA and No-Fault Attendance Policies

Poyner Spruill LLP on

Many employers utilize “no-fault” attendance polices, which provide that employees are subject to progressive discipline up to and including termination when they accumulate a specified number of absences within a certain...more

BCLP

FMLA-Related Updates from the DOL: New Opinion Letters and (Kind of) New Forms

BCLP on

The U.S. Department of Labor (“DOL”) recently released two new opinion letters relating to the Family and Medical Leave Act (“FMLA”), which provides eligible employees the right to unpaid, job-protected leave for certain...more

Burr & Forman

Department of Labor Clarifies Position on No-Fault Attendance Policies Under the Family Medical Leave Act

Burr & Forman on

On August 28, 2018, the Department of Labor’s Wage and Hour Division issued an opinion letter clarifying the permissibility of no-fault attendance policies under the Family and Medical Leave Act (FMLA). Employers frequently...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

Smith Anderson

U.S. DOL Issues Six Opinion Letters

Smith Anderson on

The U. S. Department of Labor (DOL) released six new opinion letters last week— four addressing application of the Fair Labor Standards Act (FLSA) and two addressing application of the Family Medical Leave Act (FMLA). An...more

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