by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC
This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks 2011″ [...]

Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies [...]

Third of four parts
When bedbugs invade your office, factory, or other building, they aren’t the only pests employers will be feverishly wanting to get rid of. The other dreaded workplace pestilence — plaintiffs’ attorneys — may not be far behind, scratching around for an opportunity to file bug-related litigation for any number of reasons. As [...]

by David M. Stevens
On September 30, in one of its most prolific moves of 2010, the National Labor Relations Board (NLRB) issued 28 decisions addressing a variety of issues affecting labor-management relations and the scope of prohibited employer conduct in the context of union elections.

by Joseph C. Pettygrove
The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual circumstances.

We all know that an employee need not specifically state that she requires a leave of absence under the Family and Medical Leave Act (FMLA). What we don’t know is how much (or how little) an employee has to say in a particular situation to put the employer on notice that she is seeking FMLA [...]

by Kara E. Shea
I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability under [...]

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the  horizon.
FMLA Complete Compliance

by Joseph C. Pettygrove
Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and accessible [...]

by Lauren E. Moak
The Third U.S. Circuit Court of Appeals recently decided an issue previously unresolved by the court. In doing so, it held that a combination of medical evidence and lay testimony is sufficient to show an employee was “incapacitated” as defined by the Family and Medical Leave Act (FMLA). The decision overturned the [...]