Blog , Ask the Experts

Ask the Experts: FMLA Leave and Attendance Incentives

Question: We give year-end bonuses based on attendance, and employees with a certain number of absences are disqualified. If an employee took FMLA leave, can we count those absences against them and withhold the attendance bonus? Answer: Yes, if you apply the rubric used to qualify employees for the bonus consistently across all “equivalent leave... Read more ›

Flu season
Blog , Ask the Experts

Ask the Experts: Flu and FMLA

Question: Is the common flu considered a serious health condition under the Family and Medical Leave Act (FMLA)? Answer: Most cases of the common flu do not meet the definition of “serious health condition” and would not be eligible for Family and Medical Leave Act (FMLA) leave. Some cases of the flu, however, are severe... Read more ›

#metoo typewriter

Avoid Women at All Costs?

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains that avoiding harassment at work does not mean avoiding women at work. Better to be Prudent with Everybody An article this week in Bloomberg said that men on Wall Street were getting the message... Read more ›

Employment Law Update , Blog

Alaska Employment Law Update – December 2018

Alaska Occupational Safety and Health Penalties Increased As of October 20, 2018, the maximum civil penalties for violations of the Alaska Occupational Safety and Health (AKOSH) standards increases as follows: Willful: minimum $9,239 per violation, maximum $129,336 per violation. Repeat: maximum $129,336 per violation. Serious: maximum $12,934 per violation. Other than serious: maximum $12,934 per... Read more ›

Blog , Employment Law Update

California Employment Law Update – December 2018

2019 San Jose Minimum Wage Increase The City of San Jose announced that beginning January 1, 2019, employers subject to the San Jose Business License Tax or that maintain a facility in San Jose must pay to each employee who performs at least two hours of work per week in San Jose at least $15... Read more ›

Blog , Employment Law Update

Delaware Employment Law Update – December 2018

Sexual Harassment Notice On November 14, 2018, the Delaware Department of Labor, Division of Industrial Affairs released its mandatory sexual harassment information sheet as required by the Delaware Discrimination in Employment Act. A law against sexual harassment passed in 2018 extends protections to all individuals in all workplaces, including employees, applicants, apprentices, staffing agency workers,... Read more ›