Employees Cannot Delay or Decline to Take FMLA Leave

Most employers in the 9th Circuit are aware that in 2014, the 9th Circuit ruled that an employee could elect to use vacation instead of FMLA leave so as to preserve FMLA leave for future use. Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236 (9th Cir. 2014). A March 2019 DOL Opinion Letter makes clear that… Continue reading Employees Cannot Delay or Decline to Take FMLA Leave

DOL Says Online Service Providers are Contractors

Ever wonder who employs the plumber you found online and booked via an online platform? Yesterday, the DOL answered this question: the plumber is an independent contractor and the virtual marketplace company that operates the online platform is not the employer. The DOL opinion is very fact specific.  However, as a general matter, it confirms… Continue reading DOL Says Online Service Providers are Contractors

EEOC Proposes 9/30/19 for Submission of Pay Data

On April 3, 2019, the EEOC submitted a response to questions raised by the Court during a March 19th Status Conference to discuss compliance with the Court’s ruling that pay data must be collected as part of the EEO-1 reporting process.  The EEOC’s submission described how the EEOC proposes to undertake and close the collection… Continue reading EEOC Proposes 9/30/19 for Submission of Pay Data

Department of Labor Issues FMLA Leave Opinion Letter

An opinion letter recently issued by the U.S. Department of Labor (DOL) states that employers cannot let workers use paid time off before taking leave under the Family and Medical Leave Act (FMLA). The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid job-protected leave per year for specified… Continue reading Department of Labor Issues FMLA Leave Opinion Letter

EEO-1 Reporting of Pay Data

Back in 2016, the EEOC changed EEO-1 reporting requirements to require that employers submit pay data in addition to information about employees’ race, gender and ethnicity. However, the new reporting requirement was not implemented and most employers did not begin collecting pay data as part of their EEO-1 data collection process.  On March 4, 2019,… Continue reading EEO-1 Reporting of Pay Data