Far-Reaching Changes Are On the Horizon, Part I Exempt v. Nonexempt Criteria. The Department of Labor has issued some revised guidance regarding overtime classification standards under the Fair Labor Standards Act. The DOL expects that 11 million employees will be impacted by these changed regulations. The standard salary level for workers to qualify as exempt employees…
Correcting Deficient Medical Certifications A recent Third Circuit case reconfirms the importance of following up on medical certification if there is any question about its completeness or clarity. An employee requested intermittent FMLA leave from her employer and provided certification completed by her physician. The physician failed to provide any information, however, regarding her condition…
New DOL FMLA Forms. Early this summer, the Department of Labor updated the model FMLA Notices and Medical Certification forms. Interestingly, there are not a lot of changes to the forms. The only notable change is a reference to the Genetic Information Nondiscrimination Act. That Act, effective in 2008, requires that employers restrict their requests…
By Ronald W. Ryan A ski instructor, who sustained a neck injury after taking a jump in the terrain area, despite wearing a resort ski jacket and otherwise being “on-the-clock” as an instructor, was in pursuit of his own vanity at the time of the injury and therefore was not entitled to worker’s compensation benefits…
By Sheralee S. Hurwitz Employers, large and small, need various employment forms to document employment-related events or to be filed as required by various regulations and laws. There are forms for new hires, forms to comply with federal and state government requirements, and forms that are useful for day-to-day administrative tasks. Proper record-keeping allows employers…
By Sheralee Hurwitz One of the most difficult Family Medical Leave Act (“FMLA”) issues to manage is abuse of approved FMLA leave. The FMLA statute and regulations do not provide much, if any, guidance with regard to the concept of FMLA fraud. Information in the regulations outlines how to confirm that medical certifications are fully…
by Sheralee Hurwitz In December, 2012, the EEOC announced approval of its Strategic Enforcement Plan for 2013 to 2016. This targeted approach is designed to make the EEOC’s enforcement efforts and charge processing more efficient. Over the last decade, discrimination charges filed against private and public employers has increased by more than 22 percent. Employers…
By Ronald W. Ryan Mr. Cuddington’s work injury. On October 25, 2012 the Court of Appeals issued an opinion, for publication, in the matter of Cuddington v United Health Services, Inc. (Court of Appeals docket number 303249). In that matter, the plaintiff was injured in an automobile accident while in the course and scope of his employment…
Whitney A. Kemerling A recent federal court decision has explored yet another legal issue related to social media: whether an individual’s LinkedIn account is considered personal property or professional business property. In Eagle v. Morgan, a Pennsylvania woman created a LinkedIn account listing Edcomm as her current employer. The woman shared her LinkedIn password with a…
Sheralee S. Hurwitz The Americans With Disabilities Act prohibits discrimination against individuals with disabilities and covers private employers with fifteen or more employees. The Americans With Disabilities Amendment Act of 2008 became effective in January, 2009. The law made several significant changes, including changes to the term “disability.” On September 11, 2012, two EEOC Commissioners…