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From paid familyleave and hiring to safety and sick leave – and all the many points in between – federal, state and local governments are forever changing what constitutes a company’s responsibility to its workers. Definitely – because, chances are, more states will follow this trend over time. Employment at will.
This conversation definitely applies to your company as well. They tend to prefer open-ended paid time off (PTO) to allow more time to attend to family obligations, enjoy more travel opportunities and even engage in volunteer activities – with the caveat that as long as work gets done, it’s OK. And you’d be wrong. Absenteeism.
In fact, an employee who is disabled should not be automatically terminated once she’s exhausted all leave available. That’s true whether she’s a new employee who hasn’t earned leave or an employee out of paid or unpaid leave. Has she used all eligible FMLA leave ? FMLA leave is generally unpaid. It doesn’t matter.
They must also be free to leave the workplace. Most hourly (non-exempt) employees who work more than 40 hours in any week must be paid overtime. Overtime pay is at least 1.5 × the regular rate of pay for each hour over 40 hours. Parental Leave & Paid Family and MedicalLeave (PFML) in Massachusetts.
Besides that, your confidential medical records will let you know if any team members have disabilities that you need to consider when planning and assigning tasks. If so, then you’ll definitely want to have the proper documents on-hand to defend your managers.
This year, many states have enacted changes in employee leave policies; ended or extended some temporary exemptions put in place due to the coronavirus pandemic; and taken steps to improve diversity, equity and inclusion in the workplace. Coronavirus-related leave laws. Other state family and medicalleave law changes.
Title VII (The Civil Rights Act) was passed under the Commerce Clause. So was the Fair Labor Standards Act ( FLSA ) and the National Labor Relations Act (NLRA). Supreme Court has found that the definition of “person” includes corporations, those protections apply to businesses too. Fifth Amendment. Because the U.S.
Department of Labor (DOL) enforces the Fair Labor Standards Act ( FLSA ) and the Family and MedicalLeaveAct ( FMLA ). Another DOL-enforced law, the Occupational Safety and Health Act (OSHA), permits the DOL to sue individuals under certain circumstances. Personal wage and hour liability.
One of our most trusted advisors on all things employment law, Nancy Delogu, answers readers questions about when (and if) it’s safe to shred I-9 forms, salaried versus hourly paid leave and discussing medial information of a non-employee. A: No, you should definitely retain copies of I-9 records, for the simple reason that the U.S
Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws. Now, let’s explore another critical element of the definition of retaliation adverse action (sometimes called materially adverse action).
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