[LEGAL MARKETING MOMENTS] When Hosting Webinars, Do This To Help Your Attendees and Your Attendance
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
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
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
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
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
The COVID-19 coronavirus pandemic that closed hundreds of thousands of business around the country is unprecedented. Fortunately, many retailers were able to maintain a fairly high level of continuity as essential businesses...more
On February 5, 2020, the 2020 session of the Connecticut General Assembly began. The session is scheduled to adjourn on May 6, 2020. Numerous proposed bills affecting Connecticut employers and employees will be unleashed...more
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
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
Employee attendance problems are probably the most common reason for disciplinary action and discharge. Yet many employers pay surprisingly little attention to their attendance policies. I often see policies consisting of...more
While it’s true that acts of generosity sometimes backfire on those who offer them, the Court’s ruling in Higgins v. Union Pac. R.R. Co., No. 18-1902 (8th Cir. July 24, 2019) shows this is not always the case. In Higgins, the...more
Over the last two years, the Nevada Legislature has passed a substantial number of laws affecting Nevada employers. Some of the most notable employment laws that recently passed are summarized below....more
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
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
As if things aren’t spooky enough this time of year, employers have a new concern: getting “ghosted” by an applicant, a new hire, or even an existing employee. But this modern phenomenon isn’t just something to worry about...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
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
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
In January, a “once-in-a-generation” winter storm hit the southeastern United States. The temperature dropped to record lows while snow and ice paralyzed our cities and towns. Schools across the region were closed, with...more