Federal Agencies Issue Regulatory Agendas

Quietly just before the Thanksgiving holiday, federal agencies released their upcoming regulatory agendas as required by law. Among the highlights: The Department of Labor (DOL) has issued or will issue in the next few months 24 regulations that will help implement its Plan/Prevent/Protect program, which shifts "the burden of ensuring compliance from the Department – […]

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DOL Issues Regulations on Same-Sex Spouse FMLA Benefits

This past Friday (Aug. 9, 2013), according to a report in the Wall Street Journal, the Department of Labor (DOL) issued regulations allowing workers in same-sex marriages to take leave from their jobs under the Family and Medical Leave Act (FMLA) to care for their spouses, provided they reside in the 13 states or the […]

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T.G.I. Fridays Agrees to Observe FLMA to the Letter of the Law

The Wage and Hour Division (WHD) of the Department of Labor (DOL) announced that T.G.I .Fridays, a subsidiary of Minnesota-based Carlson, has agreed to change its leave policy to be in compliance with the Family and Medical Leave Act (FMLA). The move affects employees at its 272 company-owned locations. The company has also agreed to […]

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New FMLA Notice Goes into Effect Today

The Department of Labor's revised Family and Medical Leave Act (FMLA) Notice goes into effect today after the publication of a new Final Rule in February. The notice is a required posting for eligible employers. The Final Rule details new leave privileges for caregivers of servicemembers and for flight crews. The new notice ships with […]

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DOL Publishes Final Rule on Military, Flight Crew FMLA Leave

The Department of Labor (DOL) has published a final rule to implement changes to the Family and Medical Leave Act (FMLA) regarding leave for caregivers for families of servicemembers and for flight crews. The rule reads: This Final Rule amends certain regulations of the Family and Medical Leave Act of 1993 (the FMLA or the […]

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DOL Releases Trio of Reports on the FMLA

On the 20th anniversary of the act's signing date, the Department of Labor (DOL) yesterday released a trio of new surveys on the effect and effectiveness of the Family and Medical Leave Act (FMLA). In introducing the reports, the DOL's website noted: The nation now has two decades of experience with the Family and Medical […]

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DOL Issues Guidance on FMLA Leave for Adult Children

The Department of Labor (DOL) this month released a new fact sheet on Family and Medical Leave Act (FMLA) leave to care for an adult child, stepchild, adopted child, legal ward or someone for whom the employee stands in loco parentis. In a nutshell, here is the answer: In general, an employee may not take […]

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DOL Fact Sheet Points Out FMLA Posting Requirements

The Department of Labor (DOL) has posted a new Fact Sheet on employers' requirement to inform employees of their rights under the Family and Medical Leave Act (FMLA). The notice says: To meet the general notice requirements of the FMLA, covered employers must display a poster in plain view for all workers and applicants to see, […]

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FMLA Retaliation Suit Yields Back Wages and Lost Overtime

A recent court case has added a new dimension to Family and Medical Leave Act (FMLA) retaliation lawsuits — awards for lost overtime wages on top of regular pay during the period following termination. In the case of Pagan-Colon v. Walgreens of San Patricio Inc., the 1st Circuit Court of Appeals awarded the plaintiff both […]

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Recent FLSA Overtime Settlement Outside of Court Definitely Not the Norm

The Department of Labor (DOL) and the courts themselves have generally hewed to the ruling in the 1982 case of Lynn's Food Stores, Inc. v. the United States  that the "substantive rights" afforded by the Fair Labor Standards Act (FLSA) cannot be bargained or negotiated outside of court except by the DOL. Such "substantive rights" […]

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