FMLA or Family and Medical Leave Act employment policies have become an even greater source of risk for San Diego employers. The US Department of Labor (DOL) has significantly increased the number of FMLA cases it generates on its own (without the need for an employee to file a lawsuit). This is troubling to say the least. A recent study shows that the Equal Employment Opportunity Commission or EEOC initiated 42% of the wage and hour cases it managed in 2015. This is an all time high. Their efforts are making wage and hour issues such as FMLA harder on employers.
A recent case example involved an employee at the Mirage Casino in Las Vegas. The banquet worker was terminated, and filed a complaint with the DOL accusing the Mirage of firing him over the use of FMLA leave. The casino reinstated him a year later, while the DOL completed its investigation. The employee was happy to return to work and from his point of view the matter was closed. The DOL would not drop the issue, and instead ordered the Mirage to pay the employee $74,000 in back pay for the hours he would have worked over that year, as well as health care benefits and contributions to his retirement account.
San Diego businesses must realize that the DOL and EEOC are making the proper application and enforcement of FMLA harder on employers. The risk of FMLA related litigation is higher than ever. You do not have to tolerate workers who are abusing FMLA, and the experienced wage and hour attorneys at the Watkins Firm provide our clients with insight and counsel to prevent FMLA abuse, while educating them on the proper administration of FMLA. We work to ensure that internal policies and procedures and associated documentation are comprehensively and clearly spelled out, and updated to ensure maximum protection against disputes and potential litigation. We aggressively defend San Diego employers in all wage and hour and employment related disputes and litigation.
If you have questions or issues with FMLA abuse or litigation we invite you to contact us for a free and substantive consultation at 858-535-1511.
