In light of the growing number of retaliation claims brought against employers by current and former employees, the U.S. Department of Labor recently announced an increased emphasis on enforcing the anti-retaliation provisions of various federal laws.
Underscoring this increased emphasis, the DOL issued guidance on March 10 containing examples of unlawful retaliation under the Family Medical Leave Act and the Fair Labor Standards Act. The scenarios described by the DOL provide some useful direction to employers as they navigate sometimes thorny issues concerning employee rights.
In one example, a father took approved FMLA leave to care for his daughter during a qualifying event in which she was hospitalized. Upon returning to work, the employee received three negative attendance points. The employer’s no-fault attendance plan allocated points for every absence, regardless of the reason, with disciplinary action including termination specified as possible consequences. DOL determined the employer’s actions constituted unlawful retaliation. This scenario shows how a workplace policy that is overbroad may violate federal employment law.
A second example involved a worker who occasionally took FMLA leave for migraines. Eventually, her employer reduced her scheduled hours. The DOL explained the employer would be required to return the worker to her previous schedule and to pay her for any missed wages during the reduced work schedule that the employer unlawfully imposed. The...
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