Legal Issues

Sick and tired of being sick and tired? That isn’t enough to qualify for FMLA leave. According to a federal trial court, employee burnout isn’t a serious health condition covered under the FMLA.

To decide if you must pay employees for their pre- or post-work activities—such as putting on uniforms, waiting in a time-clock line, etc.—take a look at the Fair Labor Standards Act. The main issue is whether the pre- or post-activity is “integral” and “indispensable” to the employee’s principal activity.

Many teenagers find their first jobs at fast-food or sit-down restaurant chains. Unfortunately, that kind of work often comes with a side of sexual harassment. The EEOC wants to stop that rite of passage.

Q: “We have a policy that says you must provide one hour’s notice of your absence prior to the start time of your shift or disciplinary action will result. We have an hourly (union) employee whose start time is 3:00 pm and who called in at 2:18 pm for FMLA leave. Are we still able to write them up due to the policy infraction even though they called in for FMLA purposes?” – Randy, Iowa