Year: 2020

STOPPING ABUSE OF THE FAMILY AND MEDICAL LEAVE ACT

Most employers have been there: employees abusing leave under the Family and Medical Leave Act (FMLA).  But what can be done about it?  Here are a few tips that could stem the fraudulent use of FMLA leave in your company. First, all employees should be required to sign the company’s FMLA policy.  This will confirm …

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THE SUPREME COURT EXPANDS RELIGIOUS-SCHOOL EXEMPTION FROM CIVIL RIGHTS LAWS

In May 2020, the United States Supreme Court ruled that two elementary school teachers at religious schools could not pursue their claims of age and disability discrimination.  The court found that employees such as teachers who hold important positions cannot sue their employers because of the First Amendment’s freedom of religion clauses. In Our Lady …

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FAMILIES FIRST CORONAVIRUS RESPONSE ACT SIGNED INTO LAW

           On Thursday, March 18, 2020,  President Trump signed into law the Families First Coronavirus Response Act (“the Act”). This Act provides for family leave for certain employees affected by the COVID-19 virus, as well as paid sick leave under certain circumstances. Emergency Sick Leave  ·         Private sector employers with fewer than 500 employees (along with governmental …

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Governor Cuomo Announces Paid Sick Leave, Job Protection for Quarantined Workers

Gov. Andrew Cuomo announced Tuesday that the New York State Legislature has agreed to a paid sick leave policy and job protection for New York employees quarantined by COVID-19. For workers who are subject to mandatory or precautionary orders of quarantine or isolation, the new legislation provides that employers with 10 or fewer employees and …

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United States Labor Department Releases Final Joint-Employer Rule

On January 12, 2020, the U.S. Department of Labor (USDOL) issued a final rule narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA) and providing clarity to businesses about franchise and contractor relationships. In its first significant update to the joint-employer rule in more than sixty (60) years, the USDOL created …

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Disciplining Employees for FMLA and ADA Abuse

While the Family and Medical Leave Act (FMLA) gives workers the right to long blocks of leave and short, unscheduled “intermittent” leave, it doesn’t give them unfettered ability to take random days off or arrive late without a good excuse. Once the 12-week FMLA window expires, some employees seem to feel that the Americans with …

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DOL Says Certain Gig-Economy Workers Aren’t Employees

According to a recent opinion letter from the U.S. Department of Labor (USDOL), at least some gig-economy workers who find jobs through smartphone apps—such as drivers for ride-hailing services—are not covered by the federal Fair Labor Standards Act (FLSA). The distinction between an employee and an independent contractor is significant: Employees are entitled to minimum …

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Equal Pay Protections Expanded

In late 2019, New York State expanded equal pay protections to employees of all classes and characteristics covered by the State’s anti-discrimination in the workplace law. As a result, pay discrimination claims can be based not only on gender, as the prior law had mandated, but also age, race, creed, color, national origin, sexual orientation, …

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Prior Salary Inquiries Banned

Commencing January 6, 2020, employers in New York State will be prohibited from asking job applicants and current employees about their prior pay history, requesting such information from the applicant’s employee’s former employer(s), and relying on an applicant’s or employee’s prior salary history in determining salary or whether to offer employment. There are two exceptions …

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