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Legal and Compliance News

December 5, 2017

Question: We are preparing for our company’s annual holiday party and have two questions about pay for nonexempt employees. First, our party is from 3 – 7 p.m.; however, several nonexempt employees typically leave work at 5 p.m. Do we have to pay these employees for attending the party from 5 – 7 p.m.? Second, if any of our nonexempt employees volunteer to stay after and clean up, do we have to compensate them for their time?

Answer: In answer to your first question, it depends. If the after-hours party is voluntary and there are no consequences for not attending, the employer is not required to compensate nonexempt employees under wage and hour regulations. However, if a party is held during any portion of the employees’ normally scheduled work hours and employees are permitted to attend during those hours, even if voluntarily, the employees should be compensated.
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FA LA LA LA LAW?  FA LA LA LA LAW?

As the holiday season approaches, it’s important for employers to be mindful of Title VII of the Civil Rights Act of 1964 and religious discrimination and accommodation requirements.
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HOW DO EMPLOYERS CALCULATE FMLA LEAVE AROUND THE HOLIDAYS?  HOW DO EMPLOYERS CALCULATE FMLA LEAVE AROUND THE HOLIDAYS?

Hark the herald of Family and Medical Leave Act (FMLA) leave that is complicated by the upcoming holidays. Here is a quick compliance reminder about how to account for FMLA leave as we head into Christmas, winter break, and the new year.
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VACATION: ALL THEY EVER WANTED  VACATION: ALL THEY EVER WANTED

Bah humbug. Instead of a holly jolly holiday party, most employees would actually prefer more time off. Here’s a look at the state of time off in the U.S.
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PRIOR ENTITLEMENT TO FMLA LEAVE IS NOT A FREE TICKET TO MISS WORK

Instead of being labeled a scrooge, this employer’s decision to terminate employment due to excessive absenteeism was upheld, in spite of the fact that the employee had previously taken leave under the Family and Medical Leave Act (FMLA).
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This information is provided as a service to our clients. It is designed to provide general information on the topics covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion. Ardent Solutions is not a legal firm and not responsible for any legal advice. To fully understand how this or any legal or compliance information affects your unique situation, you should check with a qualified attorney. Should you wish to consult with our attorney partners to understand how this information affects you, please contact us.

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