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Updated FMLA Forms Released by the DOL for Employers’ Use

The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of FMLA Rights, which can be given to employees upon hire; (2) the FMLA Eligibility Notice […]

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Employees’ Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number of new unemployment claims appears to be dropping, for the week ending May 2, 2020, […]

COVID-19: Dramatic Proposed Changes to the FMLA

The Senate is expected to vote on an emergency bill early this week that will, among other things, dramatically expand the Family and Medical Leave Act (FMLA) both in terms of coverage and mandating paid leave. Late last week the House of Representatives passed HB 6201 entitled “Families First Coronavirus Response Act.” Section 3101 of that bill, […]

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The DOL Starts 2020 With a Bevy of Opinion Letters

Not sitting on its laurels, the U.S. Department of Labor (DOL) has already issued three new opinion letters to begin the year.  Two deal with issues under the FLSA and a third addresses issues under the FMLA. Opinion letter number one provides guidance as to the nature of the calculation of the regular rate of […]

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The Part-Time Worker Bill of Rights Is Introduced

United States Senator Elizabeth Warren (D-Mass.) and Representative Jan Schakowsky (D-Ill.) announced they will introduce the Part-Time Worker Bill of Rights. If passed, it would: Require employers with more than 500 workers to offer available hours to qualified part-time employees before hiring new employees; Allow part-time employees who have worked for at least a year […]

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Proposed New FMLA Forms Under Review

The U.S. Department of Labor (the “DOL”) is revising its optional-use notice forms under the Family Medical Leave Act (the “FMLA”).  The DOL has reported that the changes are being made to increase compliance with the FMLA, make the forms more user-friendly, and reduce the number of forms employers receive that are returned incomplete or […]

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UPDATE: Does Your Employee Handbook Have a Lactation Accommodation Policy? (And Are You Abiding By It?)

Recently, a federal jury awarded a City of Tucson Fire Department paramedic $3.8 million after it found that the department violated the Fair Labor Standards Act (“FLSA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) when it failed to provide her with a private space to lactate, denied her requests to […]

In-House Counsel Tool Kit: Employment Law Update

A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on a myriad of complex topics that differ from their ordinary practice. This program, requested by […]

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The U.S. Department of Labor Issues Six New Wage and Hour Opinion Letters

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued six new opinion letters this week, covering employer compliance issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The opinion letters can be found here. The six new opinion letters address the following issues: Compensability of time […]