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DOL Issues Opinion Letter on Using FMLA Leave for Child IEP Management

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All Employers Subject to FMLA

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August 8, 2019

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The U.S. Department of Labor (DOL) recently announced a new opinion letter from the Department’s Wage and Hour Division (WHD) on whether or not leave may be taken under the Family and Medical Leave Act (FMLA) in order to attend a Committee on Special Education (CSE) meeting to discuss the Individualized Education Program (IEP) of the employee’s child.

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Oregon: NEW Pregnancy Accommodation Requirements for Employers

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All Employers with 6 or more OR Employees

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January 1, 2020

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Next year, employers with six or more employees will need to provide job applicants and employees with reasonable accommodations for medical conditions related to pregnancy, including childbirth and lactation. Accommodations may include acquisition or modification of equipment or devices, more frequent or longer rest periods, assistance with manual labor, or modification of work schedules or job assignments.

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U.S. DOL Issues New Opinion Letters on Voluntary Delay or Extension of FMLA Leave, Volunteer Working Hours

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All Employers with Employees Subject to FMLA and FLSA

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March 14, 2019

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On March 14, 2019, the United States Department of Labor Wage and Hour Division (WHD) issued two new opinion letters.  The first letter addresses whether or not employers may extend or delay designating paid leave as FMLA time off.  The second letter addresses whether an employee’s time participating in an optional volunteer program qualifies as hours worked under the Fair Labor Standards Act (FLSA).  These opinion letters are responses from the WHD to submitted queries, are primarily informative in nature, and are published by the WHD to clarify or interpret existing regulations.

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October Updates

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This Short List addresses the following topics:
  1. U.S. Department of Labor Issues Updated FMLA Forms
  2. EEO-1 Reporting Deadline Still March 31st
  3. NLRB: E-Verify Enrollment is a Mandatory Subject of Bargaining
  4. IRS Updates Paid Family Leave Tax Credit
  5. Sixth Circuit: Educational Institution’s Investigation Procedures Challenged in Title IX Case
  6. Seventh Circuit: Potential Back Pay in Hostile Work Environment Claims
  7. Ninth Circuit Affirms DOL Guidance on “20% Rule” for Tipped Employees
  8. California: IMPORTANT – Update on How Split Shifts Are Paid
  9. San Francisco, CA: Update Fair Chance Ordinance Notice/Poster
  10. New York: Home Care Workers’ “13-Hour Rule” is Invalid

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New Wage and Hour Opinion Letters from the U.S. Department of Labor

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Applicable Employers under the FLSA and FMLA

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August 28, 2018

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The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued six opinion letters related to compliance with the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA). The opinion letters are meant to provide clarity on employee rights and employer obligations as interpreted by the DOL.

June Updates

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This Short List addresses the following topics:
  1. Trump Rolls Back Federal Contractor Disclosure and Employment Requirements
  2. Redwood City, CA: City Adopts New Minimum Wage Ordinance
  3. Sacramento, CA: City Requires Panic Buttons for Hospitality Industry
  4. Philadelphia, PA: Judge Blocks Parts of Pay Equity Regulations

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May Updates

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This Short List addresses the following topics:
  1. EEO-1 Deadline Delayed to June 1, 2018
  2. IRS Issues Guidance on Family and Medical Leave Tax Credit
  3. Veteran Hiring Benchmark Lowered for 2018
  4. IRS Rolls Back 2018 HSA Contribution Limit Change
  5. U.S. DOL Launches Payroll Audit Pilot Program
  6. U.S. Supreme Court Settles FLSA Status of Car Dealership Service Advisors
  7. California: Staffing Agencies Need Not Police Meal Periods
  8. Emeryville, California: Minimum Wage Update
  9. Michigan: Local Governments Prohibited from Limiting Employer Interview Inquiries
  10. Nevada: Minimum Wage Will Not Change in 2018
  11. Pennsylvania: State Supreme Court Says “Actual Damages” Include Non-Economic Damages Under Whistleblower Law
  12. West Virginia: Employers May Not Prohibit Firearm Storage in Personal Vehicles

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February Updates

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This Short List addresses the following topics:
  1. REMINDER: Post OSHA 300A Summary
  2. Civil Money Penalties for 2018 Increased
  3. Second Circuit: FLSA Claims are Subject to Arbitration
  4. California: Attorney General Emphasizes Intent to Prosecute Employers Who Help Immigration Sweeps
  5. Connecticut: Pregnancy Discrimination and Accommodation Posting Required
  6. Massachusetts:  Supreme Judicial Court Limits Wage Act Liability
  7. New York City, NY: Fair Workweek Deductions Law Put on Ice—For Now

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California’s Small(er) Businesses Now Subject to Parental Bonding Leave

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All Employers of 20-49 CA Employees

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January 1, 2018

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Last month, Governor Brown signed SB 63, which provides up to 12 weeks of unpaid parental bonding leave to employees of businesses with as a few as 20 employees.  This new leave follows similar eligibility requirements as the existing California Family Rights Act (“CFRA”), and may provide significant amounts of time off when combined with other available state and federal leaves.

Seventh Circuit: Additional Months of Leave after FMLA not a Reasonable Accommodation

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All Employers of IL, IN, WI Employees

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September 20, 2017

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Employers may already know that certain types of leaves of absence may qualify as a reasonable accommodation under the Americans with Disabilities Act (“ADA”).  However, the Seventh Circuit recently confirmed that an employee’s request to take additional months of leave after exhausting his FMLA allotment was not a reasonable accommodation under the ADA.