Register today for FiveL's 13th Annual Seminar
"
Employment Law, Legislative & Regulatory Update
" - Friday, April 26th
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FMLA: You Can't Make Me - or Can You?
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On March 14th the U.S. Department of Letter (DOL) issued an
opinion letter
that answered a question that has challenged courts and employers. Here's the scenario, an employee's time off from work qualifies for FMLA-covered leave. But the employee tells you s/he does not want the time designated as FMLA leave. Do you, the employer, have the right to designate the time as FMLA leave, despite the employee's objection? Put another way, is the employee entitled to 12 workweeks of FMLA leave plus whatever time s/he does not want designated? The answer is, "No." The DOL opinion letter reads, in part, "Once an eligible employee communicates a need to take leave for an FMLA-qualifying reason, neither the employee nor the employer may decline FMLA protection for that leave...the employer may not delay designating leave as FMLA-qualifying even if the employee would prefer that the employer delay the designation."
Practical Application
: The power of why! When an employee objects to FMLA-leave, I find when you get to the reason behind
why
the employee does not want it, it is often a lack of understanding of what the FMLA provides. Once an employee understands that FMLA leave is job-protected and cannot count towards excessive absenteeism, performance appraisal ratings or any other adverse employment action, s/he may be more receptive to the designation of the leave as FMLA-qualifying.
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Some say
, "No good deed goes unpunished." That is how some employers might feel when they land in hot water for not paying or improperly paying employees for time spent in volunteer activities. Every spring brings questions about volunteer workers, whether it's employees, volunteers or unpaid interns and how they should be treated in compliance with the Fair Labor Standards Act (FLSA). For example, if a non-exempt (hourly) employee spends time in a volunteer activity sponsored by the employer, does that time have to be paid? If not, and the employer provides a bonus or other payment to that employee for the time spent volunteering, do those hours or wages then have to be included in overtime calculations? On March 14th the U.S. Department of Labor (DOL) issued an
opinion letter
to answer that question. The answer is a qualified, "No." Time an employee spends in the employer's volunteer activities do not count as hours worked so long as:
- The employee's participation is charitable and voluntary;
- participation is not required;
- the employee does not control or direct the volunteer work; and
- no compensation is guaranteed.
Practical Application
: Before you rely on those four factors, consider the following. There are specific definitions and examples of what constitutes "voluntary" and "charitable" activities and when an employer exercises sufficient "control" or "directs" the volunteer work.
For more information
, join FiveL Company's two, related and
upcoming webcasts
: April 24th, "
The New Overtime Rule...
" and May 22nd, "
Are You My Employer? (Re)Defining Employer-Employee Relationship"
(fresh from SHRM's Talent Management conference, Nashville, TN).
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99 Posters Up on the Wall...Take One Down...
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Remember that song we used to sing about 99 bottles of beer (OK, some of us sang)? Sometimes it might feel like you have that many mandates when it comes to federal, state and local workplace posting requirements. Well, most employers get to take one down later this month! If you are not exempt, then you should have posted the OSHA 300A Summary Report on February 1st (see
February newsletter
). You may take that down on April 30th. So, mark your calendar and think about what you'll do with that new, blank space on the wall!
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In its 2nd Edition!
A SHRMStore "
Great 8" Best-Seller
8 Years in a Row
!
Thank
YOU
!
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Upcoming Events, Seminars & Presentations
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- Monday, April 8th - "Can We Do That?! Recruitment, Selection & Hiring Tips & Traps," Nashville, TN
- Monday, April 8th, "Are You My Employer? Redefining Employer-Employee Relationships," Nashville, TN
- Thursday, April 11th - "Maryland 2019 Legislative Wrap Up - What Employers Need to Know," Owings Mills, MD
- Wednesday, April 17th, "Top Ten Issues Impacting HR Policy, Practice & Procedure" Telford, PA
- Wednesday, April 24th, "The New Proposed Overtime Rule: Another Call to Shape Public Policy," Public Webcast.
- Friday, April 26th - FiveL's 13th Annual, "Employment Law, Legislative & Regulatory Update" Columbia, MD.
- Tuesday, April 30th, "Employment Law Issues & Updates," Columbia, MD
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.
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