BUSINESS LAW: Three different employment issues

2013-10-05T15:51:00Z BUSINESS LAW: Three different employment issuesJames L. Jorgensen Times Business Columnist
October 05, 2013 3:51 pm  • 

Usually, we discuss one case per article. Today, we deviate from the norm by discussing three different matters:

  • Does the Fair Labor Standards Act protect employees who are not paid for hours worked under 40? The answer is no. The FLSA does not address this issue so long as the uncompensated time does not drop below the minimum wage. However, a state statute provides a significant remedy for this unpaid time.
  • An employer cannot retaliate against an employee who exercises her right to take a permitted Family and Medical Leave Act leave. What if the employer, during the leave, discovers the employee engaged in wrongdoing? Can the employer terminate the employee? The answer is yes. The FMLA does not require an employee to be restored to her prior job after FMLA leave if that employee would have been discharged if he or she had not taken the leave. This was the situation in a recently reported case.
  • Assume an employer allowed an employee to work part-time while she was transitioning back to full-time work due to a disability. If the employee is unable to work full-time, must the employer allow her to work part-time on a permanent basis? The answer is no. A reasonable accommodation under the Americans With Disabilities Act does not include a requirement that an employer create new part-time positions.

Opinions are solely the writer's. James Jorgensen practices law at Hoeppner Wagner & Evans in Valparaiso.

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