DOL Issues Sextet of Opinion Letters

By on August 29, 2018

On August 28, 2018, the Wage and Hour Division (WHD) of the Department of Labor (DOL) issued six opinion letters on a variety of topics under the Family Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). While three of those letters deal with more esoteric topics, here are summaries of the three […]

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Troubles with Smartphones

By on August 15, 2018

With the frequent presence of smartphones in the workplace, a new problem for employers is on the rise:  employees recording conversations with managers.  This can be powerful evidence in a subsequent charge or lawsuit. Most states on the East Coast and in the South are “one-party” states, meaning only one party needs to know of […]

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Termination Upon Return From Protected Leave

On July 31, 2018

A federal appeals court recently found that an employer’s decision to terminate an employee the day she returned from maternity leave was not discriminatory.  During her leave, the employer discovered both substantive deficiencies in the employee’s performance and falsifications in her employment application to the company.  The appeals court concluded that the timing of the […]

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FMLA Model Forms

By on July 25, 2018

As many of you know, the U.S. Department of Labor maintains model forms to help employers meet notice requirements under the Family and Medical Leave Act.  These forms are a simple way to help companies maintain compliance with the FMLA.  I have had two clients this week ask me about the pending expiration of the […]

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Neil Talegaonkar

Amended Statutes Enacted July 1 Extend Employment Rights to Virginia Employees in the National Guards of Other States

By on July 17, 2018

Effective July 1, 2018, Virginia Code §§ 44-93.2-93.4 now also protect those private employees employed in Virginia and serving in the National Guard of another state. Prior to the amendment of those provisions, only members of the Virginia National Guard (VNG), Virginia Air Defense Force (VADF), and those Virginia residents serving in the National Guard […]

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Protected Workplace Speech

By on June 26, 2018

You may have noted that the NFL issued a new rule requiring all players on the field to stand for the national anthem.  Does that violate those employees’ free speech rights under the First Amendment?  Generally no, because the NFL is a private employer.  Private employers may limit certain workplace speech and activities. However, that […]

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Pay Requirements — The FLSA vs. FMLA

By on June 8, 2018

The U.S. Department of Labor issued a recent opinion letter addressing paid and unpaid breaks for FMLA-mandated intermittent leave.  The opinion letter resolved a conflict between the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Under the FLSA, breaks lasting twenty minutes or less normally are deemed for the employer’s […]

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Coverage of Harassment Claims

By on May 21, 2018

Because of the renewed spotlight on sexual harassment, a Company can face significant legal costs associated with their employees’ alleged misconduct.  To limit legal costs, some Companies turn to liability insurers when a sexual abuse situation arises.  Instead of receiving the anticipated coverage, however, a Company may receive from their insurer a denial of coverage […]

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Salary Discrepancies between Women and Men

By on May 8, 2018

This is a fairly common scenario:  You have interviewed multiple candidates for a management position.  The only female candidate that applied is the best candidate.  You meet with her to discuss a salary.  She volunteers that she is currently making $70,000 annually, and that she would like to earn $80,000 with your company.  You would […]

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