Yes, We Think We’re Open… Getting your Employees Back to Work During and After the COVID-19 Pandemic (Part I)One of the hardest things about the COVID-19 crisis is that nobody is sure about when things will open back up and life can go back to “normal.” If you’re an employer, this likely means you have more questions than answers about how to move forward. What if an employee refuses to come back to

DOL’s Regulations for FFCRA, Part II: Calculating Amounts and Pay for Leave, Intermittent Leave, and How it Works with PTOIn Part I of this post we covered some of the logistics you need to get started with the FFCRA paid leave provisions. Today we will continue our review of the Department of Labor’s FFCRA temporary regulations and discuss the guidance on leave entitlement based on hours worked, calculating the amount of pay due for

Part One of the DOL’s Regulations for the FFCRA: Who is Covered, Posting, Documentation, Shelter-in Place Order, and Other Fun Items

At the end of last week, the Department of Labor issued 125 pages of FFCRA guidance, including actual temporary regulations and 20 new Q&As (so we are now up to 79 — but who’s counting?). While a full summary of these regulations would be quite long, we are breaking it up into multiple parts

Is the Wait Finally Over? Senate Passes Massive COVID-19 Relief Bill — How Does It Help Employers?Late Wednesday night, the Senate passed a sweeping coronavirus economic rescue package that would pump $2 trillion into America’s economy. The House is expected to take up the bill as early as Friday, March 27.

The final version of the Senate bill includes, among other things, provisions that will send checks directly to households, invest

DOL Issues FFCRA Guidance and Poster with a New April 1 Effective DateThe Department of Labor now has issued guidance, questions and answers, and a poster for  those employers covered by the recently enacted Families First Coronavirus Response Act (FFCRA), which we have summarized here.

Guidance and FAQ Highlights

Notably, the FAQ states that the effective date of the FFCRA is April 1 and

Terminating an Employee on Maternity Leave and Winning the Case: The Eleventh Circuit Affirms a Jury Verdict for Winn-DixieAn employee is on maternity leave and it does not look like she is going to be returning to work. Should you go ahead and terminate her employment during the maternity leave? Wait until it is over to terminate her employment? Require her to come in for an exit interview? Almost all of my clients

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers are starting to see some more creative requests around the margins. In Trautman v. Time Warner Cable Texas, LLC,

Happy Thanksgiving and the Many Things for Which We Are ThankfulBefore everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our Houston and Tampa offices weathered the storms safely, we are also thankful for the following legal

Changing of the Leaves: EEOC Again Pushes for Additional Leave as ADA AccommodationWe have said it before — the EEOC believes that leave is a reasonable accommodation and automatic termination when FMLA leave runs out violates the Americans with Disabilities Act. Even though at least one federal court has made clear it disagrees, the EEOC continues to press the point and has recently filed a lawsuit

Sad Dad Wants Paid Leave to Care for Newborn Lad; Employer’s Leave Policy Is Not So Rad; ACLU Gets MadCan an employer distinguish between moms and dads when granting paid parental leave for care for a newborn? Bank JP Morgan appears to believe so. Derek Rotondo requested parental leave when his wife was expecting their second child. Under JP Morgan’s policies, mothers are by default considered primary caregivers and are automatically entitled to 16