As a result of a U.S. Department of Labor administrator’s interpretation (No. 2013-1) of the Family and Medical Leave Act (FMLA) on Jan. 14, employers can expect more requests from employees seeking protection under the act to care for adult children unable to care for themselves.
Family and Medical Leave Act (FMLA) compliance is difficult and annoying, said Mark Oberti, an attorney with Oberti Sullivan LLP in Houston, at the National Employment Law Institute’s Annual Employment Law Conference in Arlington, Va., Nov. 16, 2012.
The U.S. Department of Labor’s FMLA regulations often aren’t much help, as they rarely make it clear when an employer may fire someone, he added.
Oberti outlined 12 compliance strategies for employers:
Most employers are reluctant to talk about unions and haven’t done it.
They should switch gears, however, and start encouraging supervisors to discuss unions to prevent their workforces from becoming unionized, as long as supervisors are trained on what they should and should not say, said Robert Brody, an attorney with Brody and Associates in New York and Westport, Conn., in a Nov. 8, 2012, firm webcast.
Unusually severe storms like Hurricane Sandy can result in unusual working arrangements that raise out-of-the-ordinary wage and hour questions.
Suppose employees volunteer to perform recovery services for employers. That may sound nice, but “the Fair Labor Standards Act (FLSA) does not permit employees to volunteer unpaid time to the employer under any but the narrowest of circumstances,” Lawrence McGoldrick, an attorney with Fisher & Phillips in Atlanta, told SHRM Online.