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Report Link "De Minimus" changed to job description did not violate the FMLA (pdf).Ogletree Deakins - September 12, 2006 Employees job post maternity leave was equivalent to former position. Report Link Favorable Ruling on Proration of Bonus after FMLA Leave Provides Guidance for Employers.Jackson Lewis LLP - September 07, 2006 A federal appeals court has ruled that an employer may prorate an hours worked-based "production bonus" for employees who are absent from work while on leave under the Family and Medical Leave Act. In Sommer v. Vanguard Group, No. 05-4034 (3d Cir. August 24, 2006), the United States Court of Appeals for the Third Circuit, which has appellate jurisdiction over federal cases arising in Pennsylvania, New Jersey, Delaware and the Virgin Islands, held that the employer did not violate the FMLA when it reduced a former employee's annual bonus payment based on the employee's eight-week leave under the FMLA. This decision represents the first where a federal appellate court has considered the legality of proration of bonus programs under the FMLA. Accordingly, this decision provides valuable guidance for employers in structuring bonus programs to permit reductions based on employee leaves of absence. Report Link Fourth Circuit Holds Employee Has No Automatic Right To Job Restoration Following FMLA Leave (pdf).Nexsen Pruet - July 12, 2006 Fourth Circuit Holds Employee Has No Automatic Right To Job Restoration Following FMLA Leave. Report Link Collective Bargaining Agreement's Return to Work Requirements Can be More Demanding than the FMLA's.Ford & Harrison LLP - May 16, 2006 The Seventh U.S. Circuit Court of Appeals has held that the terms of a collective bargaining agreement (CBA) can impose more burdensome return to work requirements on employees returning to work after a medical leave of absence than what is specifically required by the Family and Medical Leave Act (FMLA). Report Link Employees Have No Absolute Right to Return to Work Following FMLA Leave.Helms Mulliss & Wicker - May 12, 2006 On April 27, 2006, the federal Fourth Circuit Court of Appeals (which covers the states of Maryland, North Carolina, South Carolina, Virginia and West Virginia) ruled in the case of Yashenko v. Harrah’s NC Casino Company LLC, that an employee desiring to return to work after completing Family and Medical Leave Act (FMLA) leave has no absolute right to do so. The Court went on to rule that the decision of the employer to deny reinstatement to the complaining employee was proper under the circumstances presented. Report Link Seventh Circuit Finds Termination During FMLA Leave Is Lawful.Jackson Lewis LLP - August 30, 2001 Discusses Kohls v. Beverly Enterprises Wisconsin, Inc., No. 00-2064 (7th Cir. August 1, 2001), in which the court established a burden of proof standard regarding employee reinstatement rights, putting the initial burden on the employee to establish that she was entitled to restoration to her former position.
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ArticlesFound: 6 ArticlesNO SUBTOPICSEmployment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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