When applying for leave under the Family Medical Leave Act, not only does the employer have a duty to notify an employee that it requires medical certification and provide an opportunity to cure any deficiencies, an employer must also inform the employee of the consequences of an employee’s failure to provide adequate certification. 29 C.F.R. […]
Author: Michelle Nadeau
An Employer’s Duty to Keep Accurate Time Records
The Fair Labor Standards Act (“FLSA”), the federal law that requires the payment of minimum wage and overtime, also requires employers to keep detailed records of employee wages, hours, and other employment information. See 29 U.S.C. § 211(c). Employers must keep accurate time records for both exempt and non-exempt employees. Where an employer fails to […]
Green Iguana Lawsuit
A class action lawsuit has been filed on behalf of employees of the Green Iguana Bar & Grill restaurants. The complaint alleges that the Green Iguana failed to pay minimum wage as required by the Florida Constitution to servers and bartenders. The Green Iguana servers and bartenders were paid with both wages and tips, but […]
Eleventh Circuit Affirms Jury Verdict in Favor of Pregnant Employee and Rejects Expansion of After-Acquired Evidence Doctrine
On April 17, 2012, the Eleventh Circuit issued a published opinion affirming a jury verdict in favor of Lisa Holland, a former Hillsborough County Sheriff’s Office employee who was terminated due to her pregnancy. The Court reinstated her full $80,000 back pay award bringing Holland’s total damages awarded by the jury to $90,000. The Court […]
Former Female Citicorp Employee Awarded $390,000 in Equal Pay Act Case for Illegal Wage Discrimination
The American Arbitration Association has awarded a former Citicorp employee, $388,359.74 in back pay as a result of unlawfully failing to pay her at the same level as her male peers. While working for Citicorp, she performed the same job as her male predecessors yet earned roughly half as much in salary and bonuses. The […]
New 11th Circuit FMLA Decision Protects Pre-Eligibility Requests for Post-Eligibility Leave
The 11th Circuit recently held that an employee’s Family Medical Leave Act (“FMLA”) request made before she is eligible for FMLA leave is protected when the requested leave would take place after she beomes FMLA-eligible. Remember, to be eligible for FMLA leave, an employee must be employed for at least 12 months and must have […]
Obama Proposes Changes to FLSA for Home Care Workers
The Fair Labor Standards Act, the federal law that governs minimum wage and overtime, has long exempted home health care workers for its requirements. Thus, the people who take care of the elderly and the sick are often not compensated at minimum wage or given overtime. On Friday, President Obama took the first steps in […]
New Posting Requirements by NLRB
You can’t follow labor and employment law updates lately without discovering something new the National Labor Relations Board is up to. Well now the NLRB is requiring all private-sector employers to notify employees of their rights under the National Labor Relations Act by adding a new posting requirement. Starting November 14, 2011, all employers will […]
New Posting Requirements by NLRB
You can’t follow labor and employment law updates lately without discovering something new the National Labor Relations Board is up to. Well now the NLRB is requiring all private-sector employers to notify employees of their rights under the National Labor Relations Act by adding a new posting requirement. Starting November 14, 2011, all employers will […]
The No-Vacation Nation: The United States & Its Lack of Vacation Legislation
Want six weeks of guaranteed (as in legally-mandated) paid vacation? Well, you should probably leave the country. Read this CNN article about why the United States has been deemed the No-Vacation Nation by the Center for Economic Policy and Research. The United States has no federal legislation requiring companies to offer paid vacation days and […]