The Fair Labor Standards Act (“FLSA”), originally passed in 1938, is a morass of complex rules generally requiring employers to pay nonexempt employees at least the federal minimum wage as well as overtime for all hours worked over 40 in a week. Even work a nonexempt employee is not asked to perform is compensable if …
In 2008, Pennsylvania passed a law amending its Local Tax Enabling Act with the goal of streamlining and standardizing local earned income tax (“EIT”) collection. The law, known as Pennsylvania ACT 32 of 2008 (“Act 32”), provides for a three year transition period with mandatory compliance required by January 1, 2012. Act 32 not only …
In this third FMLA FAQ post, I explore some of the most fraught aspects of managing leave requests in a compliant and employee-sensitive manner. Many employers I speak with are fully aware of their rights and the rights of their employees under the FMLA, but are understandably hesitant to decline leave requests when an employee …
As any experienced HR or benefits administrator will tell you, the FMLA is not an island. It is prudent to consider whether any other employee protection or privacy laws apply to a particular situation each time HR makes a leave determination. One common example of overlap is an employee’s eligibility for a state leave law, …
