Recently, the U.S. Department of Labor (DOL) announced an increased emphasis on enforcing the anti-retaliation provisions of various laws intended to protect workers who engage in protected activity such as exercising their rights under wage and hour laws or cooperating in an investigation by the DOL's Wage and Hour Division (WHD). As part of that heightened emphasis, the DOL released guidance on March 10 providing specific examples of actions that constitute unlawful retaliation under the Family Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).
In one of the examples, a father who took approved FMLA leave to care for his hospitalized daughter received three negative attendance points upon returning to work. The employer's no-fault attendance plan allocated points for every absence, regardless of the reason. Employees who accrued a certain number of points were subject to discipline, including termination. The DOL noted that the employer's actions would be prohibited under the FMLA. Taking a negative employment action based on the use of FMLA leave and counting FMLA leave days under the no-fault attendance policy constitute unlawful retaliation, the DOL said. This scenario illustrates how a broadly applied, seemingly neutral policy may run afoul of the FMLA's anti-retaliation provision.
In another example, a worker took intermittent FMLA while suffering from migraine headaches. After returning from one leave period, her employer cut her scheduled hours in...
Philippine National Police (PNP) Chief PLtGen. Jose Melencio Nartatez, Jr. PNP PIO MANILA, Philippines — The Philippine National Police (PNP) on Monday, April 6, said it will pursue criminal charg...