Category: Employment Law
FMLA Boot Camp
March 18, 2019 | Tyler W. EubankThe Basics The Family Medical Leave Act, or FMLA, allows employees to take 12–26 months of unpaid leave for their own or a family member’s medical reasons. The FMLA generally applies to employers who have 50 or more employees. An employee covered by the FMLA must have been employed for at least a year and has worked at least 1,250 hours during preceding 12-month period. Intermittent FMLA and Reduced Leave Schedules Taking FMLA for a medical procedure or illness is one matter, it is another when that illness comes and goes unexpectedly. This is where intermittent FMLA and reduced leave schedules come into play. Intermittent FMLA allows employees to take FMLA in periodic blocks of time. For example, a pregnant mother may take days off in order to attend prenatal doctor appointments. Likewise, a migraine sufferer may use intermittent FMLA for migraine flare-ups. A reduced leave schedule allows an employee to reduce the number of hours the employee works in a day or a week. This is generally allowed for an employee recovering from an illness who is not yet able to work their full schedule. Certification The preceding likely has you begging the questions: What illnesses are covered and how do I know that the illnesses are real? The FMLA only applies…
Read MoreDefending Against ADA Lawsuits
October 1, 2018 | Bradley KletscherCoauthored by Bradley A. Kletscher and Tyler W. Eubank Generally. The Americans with Disabilities Act (commonly known as the “ADA”) is a federal law meant to protect persons with disabilities from discrimination. To that end, the ADA requires that businesses open to the public remove architectural barriers where such removal is readily achievable. The Department of Justice has produced the ADA Accessibility Guidelines, voluminous guidance on design specifications covering everything from the height of counters to the placement of braille signage on elevators. The ADA also allows persons affected by discrimination in the form of architectural barriers to seek injunctive relief from courts compelling business owners to make changes to their establishments. [maxbutton id=”1″ ] ADA Abuse. Enter ADA “drive-by” lawsuits. These lawsuits trace a predictable pattern: a disabled person, as defined by the ADA, goes to a business looking for non-compliance with ADA regulations. Due to the vast number of regulations, the business is often found not to be in compliance with ADA regulations; there may be too narrow of an accessibility strip next to a reserved parking space, too steep of a curb cut, too low signage for reserved spaces, too narrow of aisles, too high of a counter, or too high of a grab bar in the restroom. In one…
Read MoreFair Share Agency Fees Struck Down by the United States Supreme Court
June 27, 2018 | Scott M. LepakIn a decision widely expected, the United States Supreme Court on June 27, 2018 struck down state laws that compelled public sector union employees to pay “fair share” or “agency” dues. In Janus v. AFSCME, the Supreme Court held that laws compelling these dues from unwilling members violated the First Amendment by requiring employees to, in effect, pay for speech with which they do not agree. The Supreme Court held that unions representing public employees have to fairly represent these employees regardless of whether they were dues paying members. The Supreme Court summarized its view as follows: Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. What’s next: Laws, including Minnesota Statute Section 179A.06, Subd. 3, that require fair share fees to be taken from an employee’s pay check are unconstitutional. Employers must stop current automatic fair share payment withdrawals from the checks of employees unless and until the employee fills out a form consenting to pay. Employees who opt out of paying dues will still be covered by the collective bargaining agreements. However, unions will likely address the issue of individuals who do not…
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