Employment Law

New FMLA Poster Must Be Up By March 8

March 6, 2013

If you haven’t done it already, you will want to display the new Family and Medical Leave Act (FMLA) poster by March 8, 2013. To download a copy of the poster, click here.

As noted in my last blog post, Slow Creep of FMLA Expansion Continues, the U.S. Department of Labor (DOL) recently issued federal regulations implementing statutory changes to the law, a new poster, and three new certification forms. For an in-depth analysis on the regulations and links to the new forms, click here.

The statutory changes were designed to increase coverage under the FMLA for military families and allow airline attendants to avail themselves of the Act’s protection. A few years ago, Congress amended the FMLA to broaden coverage for both military caregiver leave and qualifying exigency leave. At the same time, Congress sought to amend the law to provide added protection for airline attendants, as those individuals who found themselves excluded from the FMLA on a regular basis because of the way eligibility was calculated. The DOL has finally implemented the new statutes by issuing regulations that will be effective on March 8, 2013.

Happy complying…

Five Questions You Should Ask About the Defend Trade Secrets Act

Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The Defend Trade Secrets Act of 2016 (DTSA) amended the EEA to provide private litigants the right to sue (and be sued) in federal court for trade secret misappropriation. The DTSA establishes a three-year statute of limitation and provides several remedies for successful plaintiffs, including injunctive relief, compensatory damages, and attorneys’ fees.

Medical person with blue gloves handling vials.

Benchmarking Survey Provides Insight Into Employers’ Drug Testing Practices in Response to Hiring and Retention Challenges

The last few years have provided numerous reasons for employers to reevaluate drug testing practices—from the rapid development of job protections for medical and recreational marijuana use, to the increase in drug testing-based litigation, to pandemic-related remote work, to staffing challenges. Ogletree Deakins’ April 2022 report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, provides a sense of how many employers are changing their drug testing practices and the kinds of changes they are making.

California Court Rejects Verbal Rent Credit Agreement, Finds Building Managers Are Not Exempt From Check Stub Law

On December 1, 2016, a California Court of Appeal, in an unpublished decision, issued a ruling addressing the scope of both California Industrial Welfare Commission Wage Order 5-2001’s minimum wage rent credit and California Labor Code Section 226’s wage statement exemption for household employees.

Recommended Reading

Five Questions You Should Ask About the Defend Trade Secrets Act

Benchmarking Survey Provides Insight Into Employers’ Drug Testing Practices in Response to Hiring and Retention Challenges

California Court Rejects Verbal Rent Credit Agreement, Finds Building Managers Are Not Exempt From Check Stub Law