This is another kitchen sink case. An employee sued his former employer under the ADA, FMLA, state law and other claims asserting discrimination, failure to accommodate, retaliation, interference and denial of leave.
Christine V. Walters JD MAS SHRM-SCP SPHR
Bio:
Ms. Walters has more than 25 years’ combined experience in management, HR administration, employment law practice, and teaching.
She has received national and regional awards, presented at conferences across the country, been engaged as an expert witness for the defense, and testified before U.S. Congressional and state legislative committees and administrative agencies on employment issues. Her book, “From Hello to Goodbye: Proactive Tips for Maintaining Positive Employee Relations” has been one of the publisher’s (SHRM) “Great 8” best-sellers for three consecutive years: 2011 – 2013; was SHRM’s second best-seller January 2014; and is pre-approved by HRCI for 2.5 continuing education credits.
Ms. Walters demonstrates her commitment to supporting and advancing the needs and interests of the business community and HR profession by serving in a variety of volunteer leadership roles at the national, state and local levels.
Today Ms. Walters works as an independent consultant providing proactive human resources and employment law consulting services and training programs doing business as FiveL Company, “Helping Leaders Limit their Liability by Learning the Law.”SM
You can contact Christine at info@FiveL.net. Follow her on Twitter: @Christinevbw
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Christine V. Walters, JD, MAS, SHRM-SCP, SPHR
History
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Articles by Christine V. Walters, JD, MAS, SHRM-SCP, SPHR
That is how one court described the quandary an employee faced after asking for FMLA leave. Here’s the brief, back story.
February 5, 2021
I must admit. This law was not on my radar: the Computer Fraud and Abuse Act (CFAA). But I recently read two articles published by SHRM about lawsuits filed by employers under the Act. One is being heard by the U.S. Supreme Court. Ponder this.
December 21, 2020
The Fair Labor Standards Act (FLSA) requires that an hourly or non-exempt employee be paid for rest breaks of up to 20 minutes in length. Why, if the employee performs no work? The rationale is that the break is primarily for the benefit of the employer, promoting the "efficiency of the employee" and giving the company a "reenergized employee." But, is there a limit to the number of breaks per day that must be compensated as time worked?
May 18, 2018
Got Interns ? Since 2010, the U.S. Department of Labor (DOL) has used a six-factor test to determine whether an unpaid intern, working for a private sector, for profit employer can be properly classified as an unpaid intern. Not surprisingly, perhaps federal courts have failed to follow that test, finding it too rigid and inflexible.
February 22, 2018
What's your HR kryptonite? Is it tracking FMLA leave? Navigating the HR Bermuda triangle of ADA, FMLA and workers' comp? Figuring out who's an employee or independent contractor under the conflicting federal and state laws, regulations and guidance? And how many times have we been in front of these issues trying to shape these important public policies before they became law?
November 15, 2017
Is it really any wonder that employers sometimes can't get the answer right? How can we when the answer to the same question either changes from the same agency, depending upon which political party is in power or varies depending upon the source being asked.
July 3, 2017
Advocate: it’s a noun and a verb. And we are going to need both in 2016. HR advocates need to advocate for shaping public policy. There are many predictions for what the year will bring. This is just one more list focused on HR and employment issues that may be coming to your town soon if they have not arrived already.
Consider just a few snippets of data related to increasing employment mandates.
January 11, 2016
