Monthly Archives: October 2013

CALL ME MAYBE: EMPLOYEES RECEIVING LEAVE UNDER THE FMLA MUST FOLLOW EMPLOYER’S CALL-OFF POLICY

An available, but frequently underutilized, tool for employers combating employee absenteeism – including Family and Medical Leave Act (FMLA) abuse – is the call-off (call-in) policy.  These policies, in whatever their precise form, typically require employees to report off work by a certain time prior to the start of their shift, and/or report to a specific person in a specific manner. 

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THE AFFORDABLE CARE ACT: TWO NEW EMPLOYER RESPONSIBILITIES WENT INTO EFFECT ON OCTOBER 1, 2013

As this article is being written there is much uncertainty surrounding the “Patient Protection and Affordable Care Act (PPACA)” aka the “Affordable Care Act (ACA)” aka “Obamacare.” Whatever you call it, barring a major change, there are two steps that employers must take now to remain in compliance with the law as it is currently written.  Beginning October 1, 2013, all employers subject to the Fair Labor Standards Act (FLSA) must provide a notice to new and current employees regarding coverage options available through a health insurance “Marketplace” (previously called an “Exchange”), as a part of the ACA.  Employers should be aware that notification of the marketplace is required regardless of whether they offer health insurance to their employees or not. 

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iPhone, iPad, iPod . . . iWantCompensated: Must Employees Be Paid Simply for Waiting in Line?

The recent unveiling of the new 5S and 5C iPhone models isn’t the only way Apple has been making headlines lately.  Recently, two former Apple store employees filed a class action lawsuit against the tech giant, alleging violations of the Fair Labor Standards Act (FLSA) and seeking millions of dollars for unpaid wages and overtime compensation.  The most interesting part of the suit is that it isn’t based on a typical FLSA violation, such as the failure to properly compensate employees for their breaks.  

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MUST EMPLOYERS PAY SALARIED WORKERS FOR TIME NOT WORKED UNDER THE FLSA?

Riddle me (you) this:  A salaried employee has worked for your company for just two weeks. He gets sick and misses one full day of work.  He has accrued a small number of hours in his leave bank but not enough to cover the whole day.  Are you obligated to pay the employee for the full day missed? Read More »

EEOC GUIDANCE ON CANCER, EPILEPSY, DIABETES AND INTELLECTUAL DISABILITIES

The U.S. Equal Employment Opportunity Commission recently updated its informal guidance regarding application of the Americans with Disabilities Act to job applicants and employees with cancer, epilepsy, diabetes and intellectual disabilities.  The guidance follows an expansion (but not an alteration) of the definition of a “disability” under the ADA, and makes clear the EEOC’s view that applicants and employees with these conditions fall within that definition.  The ADA Amendments Act states that the definition of disability should be interpreted in favor of broad coverage of individuals. 

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BLAND V. ROBERTS: FOURTH CIRCUIT HOLDS THAT “LIKING” ON FACEBOOK CONSTITUTES PROTECTED SPEECH

Regular readers of the Employment Essentials blog know that we frequently post articles about the interplay between the workplace and social media.  Most of our social media posts relate to the National Labor Relations Board’s (“NLRB”) frequent examination of the topic.  In fact, two years ago this month, I posted an article about a decision from an Administrative Law Judge with the NLRB Division of Judges who found that Facebook postings constituted protected activity under the National Labor Relations Act (“NLRA”).  

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