Wait is this a trick question or has the writer (yours truly) lost her marbles? (Are those options mutually exclusive?) An employee ineligible for FMLA leave, by definition can’t get FMLA leave, right? I mean the employee has to meet specific criteria, the reason for the leave must meet certain criteria. Heck, if the employer […]
Can You Eliminate a Position…After the Employee Returns from FMLA Leave?
If you have 50 or more employees, chances are, you’ve dealt with at least one employee taking and returning from FMLA leave. If you’ve weathered at least one recession or other financial ups and downs, you’ve probably had to downsize. What happens when both occur at the same time? What happens when you have an […]
30 Million Reasons Why Systems Administrators May Not Be Overtime-Exempt
Does your company have I.T. employees? Do you pay them a salary? That makes them computer professionals, right? So they’re probably exempt from federal and state overtime laws right? Well, hold on. The Computer Employee Exemption is, overall, poorly understood by employers — and even attorneys. Many employers get this one wrong. I’ve posted on […]
There Might Be a Way to Settle that Wage and Hour Claim After All…
Your employee claims you owe unpaid wages (usually that means overtime), and you’re starting to lose some sleep. You’ve heard how wage and hour claims are on the rise, and how they can add up to significant dollars. First there are the wages themselves. Then there are liquidated damages equal to the amount of the […]
The ADA Might Require Time Off to Care For a Disabled Family Member…
What do you do when your employee asks permission to leave work early for a week to care for her disabled son? Do you grant it? Do you reject it out of hand? Hopefully you ask a few more questions and see what you can do to address the situation at hand. What if you […]