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Author: Matthew K. Fenton
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Find Out if You’re Covered by the Family Medical Leave Act
Are you entitled to protection under the the Family and Medical Leave Act? The Family and Medical Leave Act (FMLA) provides that covered employees have a right to return to their jobs after approved, eligible leave. Employees who are eligible for protected FMLA leave may take up to 12-weeks unpaid leave during a 12-month period.…
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6 Simple Rules for Determining When You Get Paid for Work Travel
Does your work require you to travel? Time spent traveling for work during normal hours is compensable, according to the Fair Labor Standards Act. But what about time traveling after work or during overnight stays? The following guidelines can help clarify when an employee should be paid for traveling: Time spent traveling from home to…
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Obama Administration’s New Overtime Rule To Help Low-Paid Managers
President Obama announced this week a new rule that will make millions more workers eligible for overtime pay. Currently, employees who make $23,660 a year ($455 a week) or more do not have to be paid overtime if they are classified as exempt salaried or managerial workers. That covers many fast-food restaurant managers and people…
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Is obesity a disability protected by law?
A Nebraska man has appealed a lower court’s decision that his obesity is not a physical impairment protected by the Americans with Disabilities Act (ADA). Melvin Morriss III maintains he was denied a job because of the current and future impairments the company associated with his weight. In May 2011, Mr. Morriss, whose body-mass index…
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Employers Can Prohibit Employees’ Marijuana Use in Colorado
As marijuana becomes legal in many states, one question remains: Can employers prohibit their employee’s from using marijuana? In Colorado, the answer is “yes.” On June 15, the Colorado Supreme Court unanimously held in Coats v. Dish Network that employers can discipline and terminate employees who test positive for the drug, even though recreational and…
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Social Scientists Discuss Causes and Solutions of Workplace Harassment
Workplace harassment remains pervasive, hurting individuals and costing companies millions. Earlier this month, social scientists gathered to discuss harassment and its causes at the first meeting of the U.S. Equal Employment Opportunity Commission’s Select Task Force on Workplace Harassment. One of the largest factors is organizational climate, said Dr. Mindy Bergman, an associate professor of…
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Putting Employees in the Driver’s Seat
Uber and the Battle over Contractors One of the biggest questions in employment law currently is the difference between an employee and a contractor. It’s an important question for many companies because it determines employee benefits and protections. Often the hiring of independent contractors saves companies an enormous amount of money because they don’t have…
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How to Prepare for FMLA: A Step-by-Step Guide
Changes to your family can be very stressful. Taking time off can add to that stress. Even if the reason you’re taking leave is due to a happy event like the birth of a baby, you don’t want to be distracted by worrying about whether your job is secure or not. If you’re considering FMLA…
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Bathroom Access an Issue for Transgender Employees
Why Transgender Employee Rights Matter Transgender employees across the U.S. continue to face workplace discrimination, with one of the most pressing issues being access to bathrooms that align with their gender identity. Denying proper bathroom access can create unsafe, hostile, or humiliating work environments, which not only impacts employee well-being but can also expose employers…
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Female scientists report being mistaken as janitors in STEM fields
Sex harassment sometimes stems from gender bias, which is especially prevalent in the STEM (science, technology, engineering and math) fields. A recent study by the Harvard Business Review shows this problem goes beyond pay imbalances. More than 60 percent of women in STEM reported they have to prove their competence more than men. The surveyors…
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