10 Potential Causes of Employee COVID-19 Lawsuits

| posted in Blog, Newsletter

The novel coronavirus has caused immeasurable suffering, both physical and economic. For employers struggling to stay in business, there are a number of ticking timebombs they must try to avoid to keep employees and customers safe, and keep their business afloat. With so much still unknown, this is a fraught time where mistakes in managing their workforces could lead to employee COVID-19 lawsuits. 10 Potential Causes of Employee COVID-19 Lawsuits Workplace safety Businesses that still have employees working on-site run the risk that a single infected worker may send the virus ripping through the entire workforce. While workers’ compensation laws…
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Legal Traps to Avoid When Dealing with FMLA Requests

| posted in Blog, Newsletter

If you are a business owner who is confused about navigating the various rules and timelines within the federal Family and Medical Leave Act, you certainly aren’t alone. The law has plenty of caveats and it’s important that you pay attention to all of the details and nuances of the law so you don’t go astray. Here’s a handy list of mistakes to avoid. Top FMLA Mistakes Firing It would be a bad idea to fire an employee if they’re unable to return to work following the end of FMLA leave that is due to their serious health condition. Better to…
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FMLA, FLSA Lawsuits Surge, Exposing Employers to Large Awards

| posted in Uncategorized

The number of employee lawsuits against employers for Family Medical Leave Act (FMLA) and wage and hour violations has skyrocketed in the last five years and your firm could be the next target even for a small misstep, which can be costly. The Department of Labor has increased its budget and the number of investigators pursuing employers who violate the Fair Labor Standards Act (FLSA), which covers wage and hour complaints, including exempt and non-exempt employee violations, overtime violations and similar issues. Employment law attorneys say that the surge in FMLA complaints is a result of more people knowing about…
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Run FMLA Concurrently with Workers’ Comp for Long-term Absences

| posted in Blog

Employers that run federal Family and Medical Leave Act benefits at the same time as workers’ comp benefits give themselves more leeway when employees are off work for workplace injuries for an extended period of time, a state supreme court has ruled. In the case of Kings Aire Inc. vs. Jorge Melendez, the Texas Supreme Court ruled that an employer who laid an employee off who had been out on workers’ comp concurrently with FMLA, but had exceeded the 12 weeks away that is allowed by the law, was entitled to do so. But regardless of the outcome of this…
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How to Avoid Being Sued for ADA Violations

| posted in Blog

During the last eight years since the Americans with Disabilities Act Amendments Act (ADAAA) was enacted, the landscape for employers has changed dramatically. The odds of being sued have increased significantly and the onus is now on employers to engage in an interactive process with an employee who claims to be disabled or one that you, as an employer, consider to be disabled. The original Americans with Disabilities Act has been in effect for 25 years, but the ADAAA shifted the emphasis from whether an employee has a qualifying disability to the interactive process and the efforts employers take to…
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