All posts tagged 'FMLA'
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Posted @ 3/15/2010 5:54 PM By MBAHRO
What else do they look for during a Department of Labor (DOL) gov. compliance audit?
During a DOL gov. compliance audit, the investigator covers many areas of your business.
The primary focus is on your pay records.
DOL investigators also usually review the employer's adherence to federal child-labor laws, which prescribe the number of hours and times of day-night youths may work, as well as the jobs they may perform.
Click here for a link to the DOL’s FAQ on child labor laws
DOL investigators will also perform at least a cursory analysis of the employer's compliance with the Family and Medical Leave Act and will make sure mandatory posters are displayed. See DOL's Web site for poster information.
Click here for a link to the DOL’s FMLA information page
Modern Business Associates helps our clients deal with DOL gov. compliance audit issues. As a Professional Employee Organization, our clients rely on us to help them ef ...
Posted @ 2/17/2010 11:58 AM By MBAHRO
Layoffs and other times when job reinstatement according to FMLA regulations may not be necessary.
Does your HR department know the limited situations under which an employer can refuse to reinstate an employee who has taken FMLA leave according to FMLA regulations?
The Act's primary purpose is to ensure that employees are reinstated to the same or equivalent positions held at the commencement of the leave. Moreover, when there is a dispute, it is probably fair to say that the U.S. Department of Labor and most courts lean strongly in favor of the reinstatement of employees. Laws in this area do offer some limited circumstances in which an employer may deny job restoration to otherwise protected employees:
Key employees-According to FMLA laws, an employer may deny reinstatement, but not leave, to "key employees." A key employee is a salaried employee who is compensated within the top 10 percent of the employees working within a 75-mile radius of the employee's worksite. 29 CFR ...