Legal

6th Circuit Permits Employers to Enforce Reasonable Call-In Rules for FMLA Leave

Consider implementing reasonable call-in requirements to help curb FMLA abuse and over-use.

In Cavin v. Honda of America Manufacturing, the 6th Circuit held that the Family and Medical Leave Act "does not permit an employer to limit his employee’s FMLA rights by denying them whenever an employee fails to comply with internal procedural requirements that are more strict than those contemplated by the FMLA.” Six years later, however, the Department of Labor…

6th Circuit Rejects Contract That Shortens Statute of Limitations for Wage Claims

Despite this case, I still believe that agreements that lessen statutes of limitations are an important tool to limit risk.

Twice in the last three years, the 6th Circuit has signed off on contracts between an employer and employee that shortened the time for an employee to bring a discrimination claim (here and here).  Last week, however, that same court reversed course and refused to recognize a contractual clause that limited an employee’s right to file a wage and hour…

Is the DOL’s ‘Fair Labor Data Challenge’ Strategy Fair?

the DOL is turning to viral outreach to create a way for people to soft-boycott those businesses that employees say do not comply with the wage-and-hour laws.

The Department of Labor is asking for help to create an iPhone/Android app to aid employees in tracking corporate wage-and-hour compliance. The DOL Fair Labor Data Challenge will “help consumers locate … establishments and view their federal enforcement and violations history as well as read consumer reviews to help them decide where to spend their hard-earned wages.” According to the…

Do You Have a Workplace Emergency Action Plan?

Yesterday’s tragedy in Boston has left me speechless. Boston seems to have been prepared, and at least by early accounts, the city’s early responders helped save many from suffering a worse fate. Employers can learn an important lesson from these ashes and tears—the importance of being prepared.

When an Employee Is Listed as a Sex Offender

Many Web surfers are keenly aware of the information available from states’ online databases, and when they discover that one of their co-workers is a registered sex offender, they take action. The tricky question for the employer is, what action should it take?

Big Issues and Small Challenges with Mergers and Acquisitions

Use this section to form a personal opinion on key issues or use it as a group tool to bring to the surface and address emerging issues for your organization.

Once you’re knee-deep in a merger, you may overlook some potential challenges. Here’s a list of reminders of what to expect and what to watch out for during a corporate marriage.