Skip to main content

What I've Been Reading This Week


Work Closed Because of Storm - How Time Off & Paying Employees Works

This article goes through what employers and employees can expect to experience when an office closes because of weather and a question arises over whether the employees are entitled to be paid.  With winter storms sweeping across much of the country the past few weeks, including down south where it is not as common to experience work closures because of winter weather, this article provides a timely refresher.


Probationary Period For California Employees - How the ACA Comes Into Play

Nancy Yaffe makes note of how California employers are impacted by the Affordable Care Act ("ACA"), in regard to when employees now have to be provided healthcare benefits. While many probationary periods are ninety days, the ACA no longer permits employers to wait that full time period before offering healthcare benefits.  Under the ACA, California employers have to provide healthcare benefits to their employees within sixty days of hiring the employee.

As a result, there is now an accelerated period in which employers in California need to determine whether the employee is a good fit.  It is important for employers to note that terminating someone with healthcare benefits is often more costly and administratively burdensome than terminating someone without them.


Pregnancy - Grounds for FMLA Time Off?

Many employers will face a time where an employee becomes pregnant and has difficulty performing the usual job responsibilities as a result of the pregnancy.  The question then becomes, is FMLA leave proper for a pregnancy?  The answer is most likely yes.  This article discusses a recent case in which the court ultimately held that FMLA leave was proper, even though the employee was healthy, when a pregnancy limited what she could do on the job.

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...
Post a Comment
Read more