DOL Will Again Issue Opinion Letters On FMLA, FLSA, and Other Sticky Employment Law Scenarios

By | FMLA Insights | June 27, 2017
The U.S. Department of Labor announced today that it will again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act.  The DOL has even established a new webpage to submit requests for opinion letters and to review old opinion letters.  View Full Post
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There’s No Crying at Work! but if an Employee Does Cry, is That Sufficient Notice of the Need for FMLA Leave?

By | FMLA Insights | June 23, 2017
Reports that I have been captured by a Sri Lankan sloth bear in the dry forests of Sri Lanka are greatly exaggerated. I am alive and well. Sorry for the long delay since my last post. You see, spring is my busy season — when I am not practicing law, I spend seemingly every waking minute coaching my sons’ little league and travel baseball teams. View Full Post
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Can an Employee Take FMLA Leave to Care for a Sibling? Before You Say “No,” Read This

By | FMLA Insights | April 6, 2017
I love my brother dearly. I love my sister just as much. And whenever we near the end of life’s journey (a long time from now, of course), I’ll be there to care for them. And they, for me, despite the many piledrivers I inflicted upon my younger brother when we both were wee lads and pretended to be WWF wrestling stars. View Full Post
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Manager’s Thoughtless Comment Resurrects Poor Performer’s FMLA Claims

By | FMLA Insights | March 30, 2017
stupid boss commentThere may not be a more toxic combination in the land of Human Resources: a poorly performing employee and an untrained boss who just can’t keep his mouth shut. The latest edition involves Debby and her boss, Jason. I can’t tell precisely what Debby did for her employer, Wells Fargo, but it’s safe to say she interacted with a number of Wells Fargo’s clients and had a sales quota. View Full Post
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Can We Lawfully Terminate an Employee After He Submits a Vague Doctor’s Note Seeking an Extension of Leave? in a Word, Yes.

By | FMLA Insights | March 15, 2017
doctor's note with borderAn employee’s 12 weeks of FMLA leave has exhausted, and over the past several weeks, he’s provided you a series of vague doctor’s notes typically containing nothing more than a one-liner extending his medical leave of absence until his next appointment. View Full Post
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An Employee Doesn’t Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn’t

By | FMLA Insights | February 17, 2017
I recently had an interesting call with a DOL investigator, and I wanted to share it with you. First, let me set the background. I represent a large national employer with multi-state locations, including several on the east coast. One of these east coast locations employed Johnny [name changed to protect the guilty], a serial FMLA abuser. View Full Post
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