On December 29, the Department of Labor (“DOL”) published two new Field Assistance Bulletins (“FABS”) addressing issues related to the ongoing COVID-19 pandemic. FAB 2020-7 addresses electronic notice postings requirements under federal labor laws. FAB 2020-8 in turn clarifies how telemedicine visits may qualify for FMLA leave. These new guidelines are discussed in detail below. ...Read More
IRS guidance to employers about the documentation employers need to collect from employees requesting COVID-19-related paid leave, as well as documents employers should maintain for tax credit purposes.Read More
Summary of the U.S. Department of Labor Wage and Hour Division's first round of published guidance to inform employees and employers about the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act (Emergency PSLA) and the Emergency Family and Medical Leave Expansion Act (Emergency FMLA).Read More
Employment-related records consist of general records, payroll records, background investigation documents and medical records, each of which has a different retention period based on the applicable federal employment laws. KDDK labor and employment attorney Olivia Robinson discusses record retention requirements.Read More
Effective March 27, 2015, employers must administer the Family and Medical Leave Act (“FMLA”) to give spouses in same-sex marriages the same ability as all spouses to fully exercise their rights under the FMLA. This, pursuant to a Final Rule of the Department of Labor (“DOL”), amends the definition of “spouse” in the FMLA regulations,...Read More
Don’t think you need to periodically review your FMLA policies? Think it’s just too expensive and time-consuming to properly train those who administer the FMLA at your company? If you do, you may want to consider the case of Terry Tilley v. Kalamazoo County Road Commission. Terry had worked for the Road Commission in Kalamazoo,...Read More
Although employees with serious health conditions are entitled to take leave under the Family and Medical Act (FMLA), employees are learning more and more ways to abuse this leave – especially when it comes to intermittent leave. What can employers do to help curb this FMLA abuse? The first thing employers should do is look...Read More
Recently, a federal appellate court issued a decision which should make employers even more cautious in administering their FMLA policies. Suzan requested FMLA leave to care for her married, adult daughter, who was undergoing treatment for thyroid cancer. Suzan’s employer, Harbor Crest, granted her request for FMLA leave. While on FMLA leave, in the course of...Read More
