Monthly Archives: July 2018

Must An Employer Grant a Request for Indefinite Leave?

What do you do when an employee wants leave for a medical condition, but has already exhausted or is not eligible for leave under the Family and Medical Leave Act? Tread carefully.

Maybe you’re not a covered employer under the FMLA. Maybe the employee is not eligible for FMLA leave, or has already exhausted all leave available under the FMLA. … Continue Reading

DOL Eases Standards for Unpaid Internships

With summer internships in full swing, it’s high time to revisit the Department of Labor’s recently-revised guidance on unpaid internships.  Guidelines issued in January abandoned the Department’s prior test – which required employers to meet each of six factors — in favor of a seven-factor test granting employers more flexibility to implement unpaid internship programs.

Under the new “primary beneficiary … Continue Reading

A Shield or a Sword? The Role of Performance Evaluations in Employment Litigation

Performance reviews are intended to provide feedback and identify opportunities for growth. They can also help an employee understand how well the employee is meeting the employer’s expectations. But make no mistake – the significance of performance reviews does not always cease at the time of termination. If the employment relationship goes south, performance reviews can develop a second life … Continue Reading

Supreme Court Slams Public Sector Union Rights

The Supreme Court has declared that mandatory union dues for public employees are unlawful, overturning 40 years of precedent. In Janus v. American Federation of State, County, and Municipal Employees, the Court ruled that requiring public sector employees who are not union members to pay “fair share” or “agency fees” to unions that represent them in collective bargaining violates the … Continue Reading

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