News & Analysis as of

Attendance Wage and Hour

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

Gould + Ratner LLP on

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

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

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

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

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

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

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

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

Dentons on

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

McAfee & Taft on

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

Jackson Lewis P.C.

Regular Attendance Is Essential Even If Employer was Lenient In The Past, Fifth Circuit Holds

Jackson Lewis P.C. on

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

Fisher Phillips

Don’t Forget the Basics When Reopening Your Retail Business: A 5-Point Plan

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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

Fisher Phillips

Attendance Bonuses During COVID-19 Rebuilding Can Lead To Unintended Legal Consequences

Fisher Phillips on

As the nation’s political leaders discuss the easing of the various shelter-in-place orders in an effort to re-start the economy, businesses have begun making their own re-start plans – and they often include bonus programs...more

Littler

Federal Court Chooses Reliable Attendance and Rejects Suit Claiming ADA Requires Accommodation of Unpredictable and Unplanned...

Littler on

Although much of the U.S. workforce is increasingly teleworking in the midst of the Covid-19 pandemic, when employers return to business as usual, handling employee absences and leaves will continue to be a challenging issue....more

Ballard Spahr LLP

Frequently Asked Questions: Coronavirus (COVID-19) and the Workplace

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The World Health Organization (WHO) recently designated Coronavirus (COVID-19) as a global pandemic. Leaders in the international health community are taking action to prevent the spread of COVID-19 and contain the outbreak....more

Pullman & Comley - Labor, Employment and...

They’re Back! What Should Employers Expect from the 2020 Connecticut General Assembly Session?

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

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

Littler

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

Littler on

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

Fisher Phillips on

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

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

Barnea Jaffa Lande & Co.

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

Barnea Jaffa Lande & Co. on

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?

Amundsen Davis LLC on

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

FordHarrison on

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

Butler Snow LLP

All Present and Accounted For? If Not, You May Want to Rethink Your Attendance Policy

Butler Snow LLP on

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

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