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guide to understanding. These materials are not to be construed as
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Inside this Issue:
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Obesity Increases Risk of Injury on the Job
According to researchers at the
Johns Hopkins School of Public Health, having a body mass index
(BMI) in the overweight or obese range increases the risk of
traumatic workplace injury. BMI is a measure of body fat based on
an adult’s height and weight. It is used to screen for weight
categories that may lead to health problems. According to the
Centers for Disease Control and Prevention, a BMI below 18.5 is
considered underweight, 18.5–24.9 is normal; 25–29.9 is overweight
and over 30 is obese.
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HR-OneSource’s “Members-Only” HR Reference Website
HR-OneSource’s “Members-Only” Website has been designed
to assist human resource managers in meeting their HR
responsibilities. This site is fee based (annual fee)
and consists of three separate products -- HR Library,
Employee Handbook, and Job Descriptions. Listed below
is a summary of each module:
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An Employee’s Ability to Resume Full Duties is Not Required in Return-to-Work Certification under the FMLA
The employer's policy required that employees returning from
FMLA leave provide a doctor's certification that the
employee was able to resume
full
duties. On the expiration of 12 weeks of leave
the employee returned with a handwritten doctor's note
reading: "Pt may attempt to return to work on 2/3/04." The
employer found the note unacceptable. The employee was
subsequently fired. The employee sued, alleging
interference with her FMLA right to return to work by her
employer's refusal to accept her return to work
certification.
The Court found the fitness-for-duty certification was
sufficient as a matter of law. DOL regulations provide that
the certification "need only be a simple statement of an
employee's ability to return to work." 29 CFR 825.310(c).
The court rejected the employer's argument that a
certification attesting to the fitness for duty of an
employee returning from FMLA leave must contain a definitive
statement that an employee is able to return to her "full
duties."
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Violating the Fair Labor Standards Act
Violations of the wage
and hour provisions of the Fair Labor Standards Act (FLSA)
and analogous state statutes are the single largest
liability exposure for employers. Since 1997 wage and
hour litigation has tripled. Wage and hour laws
regulate when, where, and how much an employee must be
paid. Both state and federal wage-and-hour laws impose
regulations on the employment relationship. As a
general rule, federal wage and hour laws do not preempt
state laws. Thus, an employer must determine whether
the FLSA or state law imposes a more stringent minimum
wage or overtime obligation and, if so, apply the more
stringent of the two standards. If an employee is
exempt from either federal or state law, but not both,
then the employee must be paid in accordance with
whichever law applies.
The FLSA
regulates minimum wage, overtime pay, equal pay, and child
labor. Its overtime requirements are the most significant
contributor to wage and hour violations and litigation.
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Approaching Deadlines for Human
Resource/Payroll Professionals
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Latest Department of Labor Numbers
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