Employment Law

Family Medical Leave Act: What Every Business Needs To Know

What is the Family Medical Leave Act and why is it important?

The Family Medical Leave Act, also known as FMLA is a law enacted in1993 which states that qualified employees have the right to access an unpaid leave for a total of up to 12 weeks during any 12-month period, and in some circumstances, up to 26 weeks; (see “Recent Changes to the Family Medical Leave Act”).  Certain employers are required to grant their employees access to unpaid leave due to the following reasons:

* Caring for a child after Birth

* The adoption of a child or becoming a Foster parent

* The care of spouse, son, daughter, or parent with a serious health condition

* An employee experiencing a serious health condition which affects his or her ability to do perform their job responsibilities

* Care for family members in the military

During the leave period, employers must hold the employee’s job for them without any changes to the workers salary, work hours, or benefits.

Recent Changes to the Family Medical Leave Act

As of January, 2009, the Act permits a spouse, daughter, son, or next of kin to take up to 26 weeks of leave to care for a family member in the Armed Forces, Reserves or National Guard, who is going through medical treatment, therapy, or healing, or who is in an outpatient status or is otherwise on a temporary disability retired list due to a serious injury or sickness.

Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.

What Types of Businesses are Required to Grant Family Medical Leave?

Any business with 50 or more employees who work within a 75 mile radius of the business must allow their employees access to family medical leave if the worker meets the eligibility requirements.

Which Employees Are Eligible?

To be eligible for FMLA benefits according to the Department of Labor, an employee must:

* Work for a covered employer

* Have worked for the employer for a total of 12 months; and have worked at least 1,250 hours over the previous 12 months

* Work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Are There Circumstances Where I Can Deny Family Medical Leave To My Employees?

If you operate a business with 50 or more employees and the employee meets the eligibility requirements, you cannot deny the leave.

Dianne Shaddock is the Founder of Easy Small Business HR.com, a website which provides “Quick and Simple Human Resources Strategies for Small Businesses, Non Profits, and Entrepreneurs.  Go to EasySmallBusinessHR.com for more tips on how to hire and manage your staff more effectively.  Easy Small Business HR, Your Personal HR Consultant.

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The Computer Fraud and Abuse Act: Employer FAQs

Did an outgoing worker copy client data files and use them for his or her new job? Has an employee accessed a company database to obtain a fellow employee’s home address? If a worker taps into business data without authorization or exceeding the authorization they’ve been granted, the Computer Fraud and Abuse Act may give you recourse for legal action.

What is the Computer Fraud and Abuse Act?

Also called the CFAA, this federal law prohibits individuals from accessing computers without authorization or in a way that exceeds authorized access. The law was passed in 1986 and has been amended numerous times since.

Can employers use the CFAA to bring action against employees who access data without authorization?

Yes. In fact, a number of recent court decisions have supported employer use of the Computer Fraud and Abuse Act:

  • A Social Security Administration employee was accused of using SSA databases to access information about women he knew. For instance, he looked up data regarding his ex-wife’s earning history. The worker also used the databases to locate the address of a woman he was interested in so he could send her Valentine’s Day flowers. The man was convicted of 17 counts of violating the Computer Fraud and Abuse Act, and the the 11th Circuit Court of Appeals upheld the conviction.
  • An IT employee in a Michigan advertising firm accessed confidential information regarding the company’s CEO. When the worker shared the files with company management, allegedly to reveal the firm’s computer security weaknesses, she was fired and the police were notified. She was later convicted of Computer Fraud and Abuse Act violations and was ordered to pay the company restitution. The conviction was upheld on appeal.
  • The 9th Circuit Court of Appeals has ruled that “any person who obtains information from any computer connected to the internet, in violation of [an] employer’s computer-use restrictions, is guilty of a federal crime.”

How can I protect my business from employees who steal data?

Don’t take it for granted that workers know what they can and cannot do with information collected and maintained by the business. Take time to review and update the company’s computer and data use policy. Examples of what to include in a computer and data use policy might include guidelines that prohibit:

  • Obtaining access or hacking into systems the employee is not authorized to use;
  • Using another employee’s log-in or password to access information;
  • Breaching or monitoring computer or network security features.

The Computer Fraud and Abuse Act may provide the recourse you need when an employee accesses company data without or exceeding authorization. Give the company the best chance of success in those cases by having a clear computer and data use policy in place and ensuring employees are aware of the policy.

 

Dianne Shaddock is the President of Easy Small Business HR, Employee Hiring and Managing Tips and the author of the ebook “How To Supervise:  What Your Boss Never Told You Before You Took the Job“,  A Step-By-Step Guide For New and Seasoned Managers.


 

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Compensation Guide: Fair Labor Standards Act Requirements

Should you pay an employee who answers the office phone over lunch break? Do you compensate a worker who is on-call while at home? Figuring out when to compensate workers can be tricky in some situations. This basic fact sheet will help business owners navigate the finer points of the Fair Labor Standards Act and the pay expectations it outlines for employers. 

  • Breaks & meals: Rest periods of about 20 minutes or less are considered work time and employees should be compensated. If an employee takes a break longer than authorized and you have expressly warned against it, then you’re not required to count the extra time as work hours.

Meal breaks, which are generally 30 minutes or longer, are not compensated as work time as long as the employee isn’t required to fulfill any work requirement during the break. If, for example, an office assistant must answer phones during a lunch break, then he or she should be paid, according to the Fair Labor Standards Act.

  • Meetings, lectures, and training: Employers do not need to compensate for these situations as long as they meet four criteria: the event is not held during regular working hours, it is voluntary for workers to attend, it is not job related, and no other work is performed during the event.
  • On-call: Business owners must compensate staff required to be on-call while at the workplace. However, on-call workers who stay at another location, such as home, are typically not considered to be working and do not need to be paid, says the Fair Labor Standards Act.
  • Sleeping: Compensate workers who are required to be on duty for less than 24 hours even if he or she is allowed to sleep or undertake other personal activities when not engaged in work. But if the employee is on duty longer than 24 hours, the Fair Labor Standards Act says you and that worker may agree to exclude 5 to 8 hours from compensation for sleeping purposes—provided you supply adequate sleeping quarters and the employee can generally have an uninterrupted sleep.
  • Travel time:
  • Home to work: Typically, an employee’s daily commute to and from the workplace on a regular workday is not work time.
  • Home to work, in a special location: Employers must pay travel time to workers who are given a special one-day assignment in another city. However, an employer is allowed to deduct (or not pay) for the amount of time that worker would have spent commuting to his or her regular workplace.
  • Travel as part of the job: Employers must pay workers who travel as part of their typical work day. For instance, the Fair Labor Standards Act dictates you must pay a worker for the time he or she spends traveling to different job sites during the day.
  • Overnight travel: Travel away from home that requires an overnight stay is considered work time when it “cuts across the employee’s workday,” according to the Fair Labor Standards Act.
  • Waiting: As employers, there are times when you’ll pay an employee to wait. For example, a retail cashier might read a magazine when no customers are in line. Even though the worker isn’t doing a specific task, they are being “engaged to wait” and should be compensated.

Allegations of wage and hour violations will consume your valuable time, and the penalties will eat into your revenue. When it comes to compensation for unique situations, be sure your small business is compliant with the Fair Labor Standards Act.

 

 

Dianne Shaddock is the President of Easy Small Business HR, Employee Hiring and Managing Tips and the author of the ebook “How To Supervise:  What Your Boss Never Told You Before You Took the Job“,  A Step-By-Step Guide For New and Seasoned Managers.


 

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Employer Recordkeeping Requirements Facts, Part 2

Small businesses run on people power. Employing those people, however, requires business owners and managers to meet a number of obligations outlined by the Fair Labor Standards Act. Here is part two of our guide to employer record keeping requirements.

You may keep records by any method you choose.

Although the Fair Labor Standards Act dictates which records you must maintain, it’s less particular about how you keep them. The only requirement is that the data is clear and accurate. In fact, the law specifically states the records must be accurate.

When it comes to employer record keeping requirements regarding timekeeping, you have the freedom to choose a method that is right for your unique business situation, whether that entails paper time sheets or an online time clock. For more information about timekeeping methods, check out Tracking Employee Time: Employer Responsibilities. 

You must keep records for workers on fixed schedules, too.

Even if employees work on a fixed schedule, recordkeeping requirements say you must maintain a record of that exact schedule and indicate that the employee worked during those hours. However, employer record keeping requirements state that when a worker deviates from that schedule, for example, by working for a longer or shorter period than they normally would, you must record the number of hours actually worked.

You must notify employees about the Fair Labor Standards Act provisions.

As a business owner, you’re required to inform employees about the provisions of federal employment laws. Get a free official poster by contacting your local Wage and Hour Division office or by downloading it for printing from the Department of Labor.

Invest the time to fulfill your recordkeeping requirements.

Keeping employee records will definitely not be the most thrilling part of your work day; but it is necessary. Good documentation will keep you in compliance with the Fair Labor Standards Act and protect you from employee suits involving wage and hour allegations.

For complete information about federal guidelines regarding wages, employer record keeping requirements, and other employment issues, visit the Department of Labor’s Wage and Hour Division.

In case you missed it, check out Employer Record Keeping Requirements Facts, Part 1.

Dianne Shaddock is the President of Easy Small Business HR, Employee Hiring and Managing Tips and the author of the ebook “How To Supervise:  What Your Boss Never Told You Before You Took the Job“,  A Step-By-Step Guide For New and Seasoned Managers.


 

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