Department of Labor Issues Opinion Letter That Parental Attendance at Child’s IEP Meeting Is Covered by FMLA

Yesterday, therequest-an-iep-meeting-iep-clipart-334_284 DOL issued an opinion letter indicating that the FMLA covers an employee’s attendance at a school meeting where their child’s individualized education program (IEP) will be discussed.

The child in question received “pediatrician-prescribed occupational, speech, and physical therapy provided by their school district.” Periodically, the parents, school administrators and the child’s speech pathologist, school psychologist, and therapists had IEP meetings to “review the child’s educational and medical needs, well-being, and progress.”

The DOL determined that the employee’s attendance at the IEP meetings constituted “care for a family member … with a serious health condition.” Care for a family member includes both physical and psychological care. As noted above, “to care for” a family member with a serious health condition includes “to make arrangements for changes in care.” 29 C.F.R. § 825.124(b)

Takeaways:

  1. This is not a radical expansion of the FMLA and in fact, follows a sparse but consistent line of cases and prior opinion letters protecting leave for meetings with caregivers.
  2. Employers must train their supervisors to spot this type of FMLA leave request. It would be easy for a supervisor to reject this request out of hand.
  3. Employers should require proper FMLA certification so that they can confirm that the leave is protected.

Employers Should Prepare to Submit Their Component 2 Pay Data By September 30, 2019

Related imageOn April 25, 2019, a U.S. District Court for the District of Columbia ruled that employers who are required to file EEO-1 reports must submit Component 2 pay data for calendar years 2017 and 2018 by September 30, 2019. (This generally applies to EEO-1 filers with 100 or more employees; both in the private industry and federal contractors and subcontractors.) You may recall that the OMB initially approved pay data collection, and then stayed its permission, in 2017. Advocacy groups filed suit in the D.C. Circuit court to vacate the OMB’s self-imposed stay, which the Court granted in April. Continue reading “Employers Should Prepare to Submit Their Component 2 Pay Data By September 30, 2019”

LABI Asks Department of Labor to Delay Implementation of Overtime Rules

The Louisiana Association of Business and Industry has officially requested that the U.S. Department of Labor delay implementation of the new rule that would increase the minimum salary required for a worker to be exempt from overtime. The new rule is currently set to go into effect December 1, 2016. Continue reading “LABI Asks Department of Labor to Delay Implementation of Overtime Rules”

DOL Issues Proposed Rule Requiring Federal Contractors to Provide Paid Sick Leave

Sick Leave

If you are a federal contractor, it looks like your life is going to get a bit more complicated and expensive. On the 24th February, the DOL issued a proposed rule that will require federal contractors to provide employees at least seven (7) paid sick days per year. The sick days may be used to care for a family member as well as for the employee’s own illness. Federal contractors should begin to analyze the impact of the proposed rule on their budgets as well as their paid leave policies.

You can review the proposed rule and much more information on the DOL website: http://www.dol.gov/whd/flsa/eo13706/nprm.htm

The EEOC, DOL and OFCCP Announce Deadlines for Final Rules

I – The EEOC says that it will issue its final “wellness” rules by February, 2016

The Equal Employment Opportunity Commission (EEOC) indicated in its November regulatory agenda that it plans to finalize two rules governing employer wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA) by February 2016.

As you may recall, one of these proposed rules will amend the EEOC’s ADA regulations to address the interaction between Title I of the ADA and the financial inducements that are commonly contained in wellness programs offered through employer health plans. This will have the effect of limiting how much of a financial benefit employers can offer to their employees to join such wellness programs. Continue reading “The EEOC, DOL and OFCCP Announce Deadlines for Final Rules”

FLSA Violations Can Land You in Jail

Everyone knows that the FLSA requires that employees be paid overtime when they work over 40 hours in a work week and that the Act provides for penalties and attorney’s fees when an employer fails to do so. However, many employers are not aware that they can also do jail time for violating the FLSA. Continue reading “FLSA Violations Can Land You in Jail”

Get Ready the Minimum Required Salary for an Exempt Employee is About to Double

On June 30, 2015 the Department of Labor issued its long-anticipated Notice of Proposed Rulemaking (NPR) updating the Fair Labor Standards Act (FLSA) regulations governing white-collar employees.

The FLSA requires that all non-exempt employees be paid time and a half their regular rate of pay for all hours worked over forty in a work week. The FLSA provides specific exemptions to this overtime requirement for executive, administrative, professional, outside sales and some computer employees. The two key components of the exemptions are that: 1. the employee must be paid on a salary basis of at least a minimum amount, and 2. the employee’s job must generally be comprised of exempt duties. Thus, we have traditionally referred to the “salary” and “duties” tests when discussing white collar exemptions. Both tests must generally be satisfied in order for an employee to be classified as exempt. Continue reading “Get Ready the Minimum Required Salary for an Exempt Employee is About to Double”