Speaking of proposed rulemakings, the Department of Labor got in the game this week as well with two different issues. First, the Office of Management and Budget (OMB) within the White House has begun its review of the DOL’s proposed final rule on drug testing. As drafted, the rule will allow states to drug-test unemployment…
Read More »The US Department of Labor (DOL) issued a new Opinion Letter last week prohibiting employers from delaying the designation of Family & Medical Leave. Citing the FMLA, the DOL letter states that when an eligible employee communicates a need for leave for an FMLA-qualified reason, neither the employee nor the employer may decline FMLA protection.…
Read More »The gridlock on joint employer notwithstanding, the Department of Labor (DOL) this week extended for three years the validity of current notices and medical certification forms for use in complying with the federal Family and Medical Leave Act (FMLA) The forms were set to expire last Friday, August 31, but have now been extended until…
Read More »It turns out that the Maryland House of Delegates would not follow the state senate and delay the implementation of the paid sick leave law in Maryland, letting it take effect as scheduled last Sunday. After serious lobbying by the business community, the senate had agreed to postpone the mandate until July in order to…
Read More »With Congress still on its “spring break”, it has been relatively quiet from a legislative and regulatory perspective at the federal level, but we noted a few items we wanted to apprise our readers of. The Small Business Administration (SBA) is celebrating Small Business Week the week after next, April 30 – May 5 with…
Read More »Our friends at the law firm of Murtha Culina advise us of an important appellate level court decision rendered last week that should send shivers around the human resources department. The 2nd Circuit Court of Appeals rendered a decision last week that under certain readings of the Family Medical Leave Act, a company’s human resources…
Read More »Federal legislation that would establish a paid family and medical leave program has been refiled in the both branches of Congress by Connecticut Representative Rosa DeLauro (D-CT) and New York Senator Kirsten Gillibrand (D-NY) respectively. Current law provides workers with unpaid job-protected leave for covered serious health issues, but these proposals (H.R.1439 & S.786), would create…
Read More »Under the provisions of the Family Medical Leave Act (FMLA), since 1993, eligible employees have been allowed to take unpaid, job-protected leave for specified family and medical reasons including to care for a spouse dealing with a medical issue. Spouse now includes those in same-sex marriages. The change ostensibly stems from the Defense of Marriage…
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