Category: Employment and Labor Law

A Cautionary Tale About the FMLA

This is a story about the potential consequences of not properly training supervisors as to FMLA rights and obligations.  It is a long and detailed story, but the details are necessary to understand how the court came to its decision.   It is also an important story because ultimately the court determined not only that the …

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Unusual Situations May Require Leave Time

Without question, employees are impacted by events occurring outside of the workplace and such events can have a direct effect on their work status, including requests for time off.   This is a reminder of just two types of those events: 1) natural disasters/public health emergencies and 2) the return to school of an employee’s child. …

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Increased Job Duties Resulted in Compensable Workers’ Compensation Stress Claim

A decision involving a workers’ compensation stress claim was issued by an Administrative Law Judge earlier this year that addressed the issue of increased work duties.   The employee was given additional job duties after the departure of two co-workers.  There was no dispute by the employer that the employee’s duties increased, that she performed …

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Should Your Bathrooms Be Gender-Neutral?

One of the hot topics in the news and in court rooms lately is which bathroom a transgender person is permitted to use and whether employers or places of public accommodation have any say in the matter. Should your bathrooms be gender-neutral? A transgender person is a person whose gender identity or gender expression is …

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Increased Fines for OSHA Violations

Have you replaced your old OSHA poster yet?  The deadline for displaying the new posters was August 1, 2016.  New posters can be printed from OSHA’s website: https://www.osha.gov/Publications/poster.html Also, new OSHA penalty adjustments went into effect on August 2, 2016, raising maximum penalties for violations by 78% from values last adjusted in 1990. The new …

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