News & Analysis as of

Attendance Employment Policies

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

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

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

Benesch

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

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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

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

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

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

Fisher Phillips

“Should They Stay or Should They Go Now?”: The COVID-Era Hospitality Practices Employers Should Incorporate and Implement Beyond...

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There is a viral Tweet/meme that has been circulating. It asks: “What’s the one thing you DON’T want to change post-COVID?” The famous response: “Standing 6 feet away from me.” Because we appreciate a good meme at Fisher...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

Jaburg Wilk

Your Attendance Policy May Be a Ticking Time Bomb

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The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more

Fisher Phillips

What Can A Hospitality Employer Learn From A Meat Packing Plant’s Alleged Butchering Of Their COVID-19 Response? A 4-Step Action...

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A meat packing plant is under the knife after a former employee filed a class action lawsuit filed against it in a California federal court alleging the company encouraged its employees infected with COVID-19 to work,...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

Fisher Phillips

The Virtues And Vices Of Voluntary Attendance Policies In The COVID-19 Era

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The COVID-19 pandemic has forced employers to scramble to find novel responses to new workplace challenges, and one such innovation has been the recent rise in voluntary attendance policies. Although these policies often...more

Foley & Lardner LLP

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

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“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

Littler

Ontario, Canada: Employee’s Excessive Absences to Pursue Education Need Not be Tolerated by Employer

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In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a part-time restaurant employee in Ontario, Canada with two years’ seniority was discharged from her employment because her...more

Fisher Phillips

The Super Bowl Shouldn’t Be A Super Headache For Employers

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Now that we know that the Kansas City Chiefs will be playing the San Francisco 49ers in Super Bowl LIV in a few weeks, it’s time to assess whether this annual American tradition will create any workplace issues for your...more

Epstein Becker & Green

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

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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

Barnea Jaffa Lande & Co.

The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

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From time to time we are asked what to do in instances where employees are absent from work without permission, and whether such absence constitutes abandonment of the job, and thus – resignation. In a recent judgment it was...more

Amundsen Davis LLC

Does Your Attendance Policy Violate The FMLA?

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The recent decision in Dyer v. Ventra Sandusky, LLC, issued by the U.S. Sixth Circuit Court of Appeals (which has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee), should motivate employers to take another look at...more

FordHarrison

Waiting On Dorian: HR Tips for Dealing With Employees Who Can’t Seem to Show Up On Time, or at All

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Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all.  Managing employee attendance problems and preparing for...more

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