Employees can use FMLA protected leave for the placement of a child or to care for a child for whom they have no legal and/or biological relationship and for whom they provide no financial support. Think stepparents, grandparents, aunts and uncles, or any adult who has assumed the responsibilities of a parent for a child.
Archive for the ‘Wage and Hour Laws’ category
Who Is a “Son or Daughter” Under the FMLA?
June 22, 2010Getting Paid for Getting Dressed
June 19, 2010The U.S. Department of Labor recently issued a new interpretation of donning and doffing requirements under the Fair Labor Standards Act, bringing the Department’s interpretation in line with recent court decisions. The issue is whether employees should be paid for putting on and taking off clothing before and after work.
Breastfeeding Moms at Work
May 20, 2010The Fair Labor Standards Act (FLSA) was recently amended to allow nursing mothers to take unpaid breaks to express breast milk at work. This amendment is codified at 29 U.S.C. 207(r)(1). It requires an employer to provide a “reasonable” break time for an employee to express breast milk for her nursing child for one year [...]
WASHINGTON STATE WAGE AND HOUR FAQ’S
March 26, 2010The Washington State Department of Labor & Industries recently released a fact sheet covering frequently asked questions (FAQs) about pay requirements, deductions from pay, hiring a teen worker, employee uniforms, and employee access to personnel files. The fact sheet is a succinct description of the laws with links to more detailed fact sheets on some [...]
Personal Liability for Failure to Pay Wages
February 19, 2010A recent Washington State Court of Appeals case, Moore v. Blue Frog Mobile, Inc., serves as a timely reminder that certain individuals associated with an employer can be held personally liable if employees’ wages are not paid by the employer. As the Moore case points out, RCW 49.52.050 and RCW 49.52.070 authorize criminal and civil penalties when [...]
Cell Phones at Work
January 12, 2010The use of cell phones, PDAs and other electronic devices in the workplace has skyrocketed in recent years, and many employers’ policies have not kept up. The following are some of the issues: Employee privacy in personal data kept on a cell phone that is also used for work; employer ownership of data kept on [...]
Federal Employment Law Guide Updated
December 5, 2009The U.S. Department of Labor announced on November 30, 2009 that it has updated its online Employment Law Guide (click on title to open link). This Guide discusses federal laws on wages and hours worked; safety and health standards; health benefits; retirement standards and worker’s compensation; lie detector tests; whistleblower and retaliation protections; plant closings and mass layoffs; union officer elections and financial controls; uniformed servicemember rights under USERRA; work authorization for non-U.S. citizens; and federal contracts, among other topics. The Employment Law Guide is a good starting point for identifying issues under Federal law, but keep in mind that if there is a state or local law that is more protective of employees, it will probably be applied, so state and local laws should be checked before deciding if an employer is in compliance with all applicable laws.
There is a related federal online tool called FirstStep Employment Law Advisor, which provides basic information about recordkeeping requirements, reporting, posters and other notices relating to federal employment laws.