Volume 21 | March 2022
HR & the Law in the News
This Month's Stories: FMLA Updates (2); Wage & Hour News (2), ADA, OSHA 300-A & more!
Grey cat sits at a table with books and notebooks_ studying at home. Concept for teacher s day_ education for a pet.
When the Cat's (Paw is) Out of the Bag: FMLA Reminder #1

A regional Director places an employee on a 30-day leave of absence> He invites the employee to apply for a position elsewhere in the company as a result of unsatisfactory work performance and conduct. When the employee fails to do so, the Regional Director fires her.

Unbeknownst to the Director, the employee has recently used FMLA leave. Can the employer be held liable for FMLA interference or retaliation when the firing Director did not know the employee had taken FMLA leave?
Drawing a line in the sand. An old metaphor.
Don't Draw a Bright Line in the Sand: FMLA Reminder #2

The Family and Medical Leave Act (FMLA) provides an eligible employee with up to 12 workweeks of job-protected leave for a variety of reasons, including for the employee's own serious health condition.

An employer's policy provides that if an employee is not medically released to return to work after 12 workweeks of FMLA leave, the employee will be terminated. So, what's the problem?
Don't Ask, Must Tell: Trending Wage & Hour Rules
A few wage and hour trends have been sweeping the nation for the last couple of years. Many HR professionals are aware of salary history bans. There are two other trends that may be of equal import, impact, and of which employers should be aware.
Perception Vs Reality Puzzle Pieces 3d Illustration
When What ELSE Happens When We Assume?
The ADA's Perception Provision
An applicant provides a note from his doctor regarding his prescribed use of opioids. The note addressed the candidate's perceptions that he was not adversely impacted by the medications. The note did not give the doctor's opinion as to the candidate's ability to safely operate heavy equipment. After providing two more notes that still failed to provide the doctor's medical opinion, the employer advised the candidate that he posed a safety risk and they would not be hiring him. Did the employer violate the ADA?
FLSA Faux Pas - Don't Let Oops Becomes Shhhhhh!
Oops icon. Pop art illustration of oops icon for web
A U.S. District Court recently found that an employer misclassified more than 1,100 workers (staffing nurses and aides) as independent contractors instead of employees. The initial award was bad enough at more than $3.5M. But the court doubled that when it found evidence of the employer's "intent to continue misclassifying the nurses on their registry despite their familiarity with DOL guidance and law to the contrary."
A string tied around an index finger
Don't Forget!
Post or Submit Your OSHA 300-A Summary
If you are a covered employer, you must either post in your workplace by March 1st or submit electronically by March 2nd your OSHA 300-A summary.
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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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