Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home. Employers should reconsider this practice following the Third Circuit Court of Appeals’ decision in Lupyan v. Corinthian Colleges, Inc., 2014 WL 3824309 (3d Cir. August 5, 2014). In Lupyan, the employee claimed her FMLA rights were violated because she never received FMLA paperwork from her employer, despite the employer’s claim that it mailed the paperwork to the employee. According to the court, lacking evidence that the letter was delivered (such as a signature or tracking number), the plaintiff’s denial was sufficient to create an issue of material fact for a jury. In the advent of this decision, employers are encouraged to send FMLA notices to their employees via a method that can be tracked, such as certified mail return receipt requested, hand delivery, or a common carrier that provides delivery confirmation.
New York County Lawyers’ Association Issues Ethics Opinion Restricting Attorneys from Claiming Dodd-Frank Bounties
One of the more well-publicized parts of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) is a whistleblower program that provides bounty payments to individuals who voluntarily provide original information leading to successful SEC enforcement actions.
New York City has issued new rules interpreting the city’s Fair Chance Act (FCA). These rules, which went into effect on August 5, 2017, provide clarification and guidance on how employers can comply with the requirements of the FCA, the city’s restrictive “ban the box” law which prohibits (with few exceptions) employers from inquiring about or considering an individual’s criminal history until after a conditional offer of employment is extended.
Many employers in the hospitality industry employ individuals who receive customer tips or gratuities in the ordinary course of their work day. These tips may serve as an offset against an employer’s minimum wage obligations under the federal Fair Labor Standards Act (FLSA)—but only if certain criteria are met. What is…..