Notice for unforeseen leave under the FMLA: are the courts projecting a sliding scale test?

Article Abstract:

The notice requirements under the Family and Medical Leave Act (FMLA) are receiving more attention because jury awards have started to exceed $50,000. The court appear to be adopted a sliding scale for notice requirements based on employee education and sophistication. Though this trend may ease the administrative burden for employers, it can create ethical dilemmas and undercut morale if the same employer gives disparate treatment to less well-educated workers and more sophisticated workers. A flow chart for FMLA decision-making is included.

Leave of Absence, United States, Interpretation and construction, Education, Labor law, Workers, Leaves of absence

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The Fair Labor Standards Act and the fluctuating workweek scheme: competitive compensation strategy or worker exploitation?

Article Abstract:

Using the fluctuating workweek scheme to calculate pay enables the employer to evade the overtime pay provision of the Fair Labor Standards Act. Under this scheme, employees with considerable working hour fluctuations agree to a fixed salary for both longer and shorter weeks, with the disadvantage that overtime premiums are no longer paid. Indirect costs to employers may include absenteeism, turnover and lessened commitment. Congress should respond to this threat of employee exploitation.

Work hours, Wage payment systems, Pay structure

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