FMLA and Caring for Aging Parents

March 29, 2018 |

A client posed a variation on the following question to me: “I have an employee whose father is going in for surgery.  She has requested FMLA leave, and I understand his surgery would be considered a serious health condition.  However, she has a mother and sister who are also available to care for her father.  […]

WWYLD – 03/28/18 – Early Termination of COBRA Coverage

March 28, 2018 |

In this week’s “What Would Your Lawyer Do” post, we take on a continuation of healthcare coverage, or “COBRA,” issue.  Generally, an individual may be entitled to COBRA for a maximum of either 18 or 36 months, depending on the nature of the basis for entitlement (the “qualifying event”).  But, coverage can be terminated before […]

When Employee Performance/Discipline and Disability Accommodation Are Involved, Documentation is Everything.

March 22, 2018 |

Under the law, the Americans with Disabilities Act requires employers to engage in what is called the interactive dialogue with any employee who requests accommodation for a disability. However, in reality, the ADA rarely (if ever) appears in the workplace when an employee proactively states: “I need accommodation for my recognized disability!” It is far more […]

WWYLD – 03/20/18 – Is There a Timeline for “Temporary?”

March 20, 2018 |

A few weeks ago, Angela Snyder wrote about the DOL’s new guidance regarding interns. In her article, Angela discussed considerations related to intern pay. Another issue that often arises with regard to interns is employment status—should the intern be hired as a “regular” or “temporary” employee? That’s the topic of this week’s WWYLD. Question: Our […]

Un-“PAID” Is a Better Option

March 19, 2018 |

The U.S. Department of Labor unveiled its new Payroll Audit Independent Determination (PAID) program. For many employers, the downside of this program will outweigh the upside.

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