Thursday, November 21, 2019

Employee Eligibility for FMLA Benefits Includes Time Worked for an Employer Through Staffing Agency

By: Scott A. Mirsky, Principal

SUMMARY: An employee’s eligibility for FMLA benefits requires that he/she works for an employer for at least 12 months and provides over 1250 hours of service to the employer during the preceding 12 months. According to a recent press release from the U.S. Department of Labor, the Wage & Hour Division determined that an employer in Louisiana violated the FMLA when it failed to recognize that it was a “joint employer” during the time that an employee worked for the employer through a staffing agency. Based upon this error, the employer wrongfully concluded that the employee had not met the 12-month eligibility requirement of the FMLA and denied the employee’s request for FMLA leave.

Friday, November 15, 2019

Starting in 2020, All Wages to Tipped Workers in D.C. Must Go Through Payroll Vendors

By: Hayes Edwards, Associate

SUMMARY: Along with saving the “tip credit” from repeal by voters, the 2018 DC Tipped Wage Workers bill imposed some new rules on companies, including one taking effect on January 1, 2020 that mandates all wages paid to tipped workers be processed by third-party payroll processors.