The Firehouse Lawyer Newsletter

Results for newsletters with the topic “Family Medical Leave Act

DescriptionVolume_IssueYearMonthPDF
Today we outline some of the “do’s and don’ts” of pre-employment inquiries under the ADA and the WLAD; we also consider what the meaning of a “serious health condition” is under the FMLA; the need for physician certification for an employee to secure their FMLA rights; incapacity as a result of pregnancy under the FMLA; and an anti-affirmative action bill in California being found constitutional. 01-07199711v01n07nov1997.pdf
Today we discuss a new respiratory protection standard handed down by OSHA; Congress’ enactment of the Health Insurance Portability and Accountability Act, aka HIPAA; distinctions between hourly and salary-based employees under FLSA; and finally, very important considerations of excessive absenteeism under the FMLA. 02-0119981v02n01jan1998.pdf
The 207 (k) exemption under FLSA, which exempts employees engaged in fire protection activities from the overtime laws, is controversial, and we discuss a huge 207 (k) case here; we then note that the US Supreme Court declined to hear another 207 (k) case where some firefighter/paramedics were deemed qualified for the 207(k)exemption even though they spent more than 20% of their time on unrelated activities that were not strictly firefighting; and a US Supreme Court case voiding an ADEA release; also, we address another case involving same-sex harassment; the concept of "medical necessity” under the FMLA; the disability leave supplement and promotional examinations; and to conclude, we consider an issue with mergers. 02-0419984v02n04apr1998.pdf
We now discuss a decision of the Public Employment Relations Commission, of which the Firehouse Lawyer is a former commissioner, involving the duty to bargain supplemental pensions; the 90-day statute of limitations for vacation of arbitration awards; handicap discrimination and the duty to accommodate disabilities; the preemption of state law by FLSA; the requirement under the FMLA that the employer give notice of a requirement for medical certification; the 296-305 requirements for Washington fire departments in live-structure firefighting. 02-11199811v02n11nov1998.pdf
Today we consider a decision by the Public Employment Relations Commission, of which the Firehouse Lawyer is a former commissioner, in which the hearing examiner found that there is no duty to bargain supplemental pensions; we then consider the 90-day statute of limitations for seeking the vacation of an arbitration award; a federal district court finding that the Department of Labor exceeded their authority when enacting a particular FMLA regulation; a question involving contractual obligations under the FMLA; a question involving the issuance of pagers and the implications that may present under the on-call-pay provisions FLSA; and to sum up, a question involving whether a fire department must have a fire chief to comply with Washington law. 02-12199812v02n12dec1998.pdf
Today the Firehouse Lawyer revisits various provisions of the FLSA, including the 207 (k) exemption; we then address some FMLA cases of importance; some definitional changes in RCW 296-305; and a question regarding bona fide occupational qualifications under the ADA. 03-0219992v03n02feb1999.pdf
We now discuss another jurisdiction’s consideration of the privacy rights of public employees in their personnel files; the duty to accommodate disabled firefighters under the ADA; the illegality of partial pay docking under FLSA; and then we consider some EEOC guidelines on offering disabled employees “equivalent positions” upon their return to work, and situations within which a leave request is covered by both the FMLA and the ADA. 03-0519995v03n05may1999.pdf
Today we examine a federal court case determining that volunteers were not employees covered by FLSA; a United States Supreme Court case finding that state government employees can no longer sue their unconsenting employers for FLSA violations in state court; and finally, we cover the basic requirements of the Family and Medical Leave Act. 03-0719997v03n07jul1999.pdf
Today we discuss a Washington court of appeals decision adopting the “payroll method” for calculating the number of employees necessary to subject an employer to the laws against discrimination; some interesting Washington cases involving sexual harassment; the importance of notifying employees of their FMLA rights; and the ability of a municipal employee to sue an employer in federal court to enforce their FLSA rights. 03-0919999v03n09sep1999.pdf
Here we discuss a US Supreme Court case involving the Fair Labor Standards Act, and the relative rights and powers of employers and employees pertaining to the use of compensatory time; whether fire districts are free under the law to change their names to whatever the fire commissioners decide; the issue of securing an emergency scene to ensure highway safety without subjecting your fire department to liability for negligence; we also remind our readers that the FMLA only applies to private and public employers having 50 or more employees; and finally we talk about RCW 46.44, which contains a law involving the weight limits applicable to fire engines. 04-0520005v04n05may2000.pdf
We now consider issues relevant to fire departments staying effective in the event of a pandemic or a widespread disaster; various bills of interest, ranging from retirement to collective bargaining issues; and then we discuss the Family and Medical Leave Act, and the requirement that health professionals certify that a health condition is serious. 06-0320063v06n03mar2006.pdf
Today we discuss a court ruling that employees cannot generally waive their FMLA rights; the professional rescuer doctrine, which is a bar to recovery for firefighters for injuries incurred in the line of duty; the forming of non-profit corporations via interlocal agreement; and sexual harassment policies. 07-10200710v07n09sep2007.pdf
Today we discuss the importance of using proper scoring criteria in the hiring of veterans, and also regulations under the FMLA for military members. 09-0120091v09n01jan2009.pdf
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