Posted On: January 11, 2010

FMLA’s 1250- Hour Requirement and Pre- Leave Retaliation

In order to be able to take an unpaid leave under the Family and Medical Leave Act (FMLA), you have to have worked 1250 hours over the previous year. Seems simple enough, right?

Not so fast. Figuring in overtime, flex time, commute time, home office time, and everything else can make for a complicated formula. A recent 3rd Circuit decision brings up some very interesting questions about how to calculate that hourly mark.

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Posted On: January 4, 2010

Employment Polygraphs

Have you been told that you have to take a lie detector test as either a part of getting a job or keeping the job that you have? Your employer, whether in Georgia or anywhere else, probably can’t do that, and, even if you take the test, probably can’t use the test to affect your job.

Under the Employee Polygraph Protection Act, passed in 1998, formerly administered by the U.S. Department of Labor’s Wage and Hour Division of the Employment Standards Administration until it was abolished in November, now administered directly by the Secretary of Labor, employers engaged in interstate commerce are generally prevented from using lie detector tests either for pre-employment screening or during the course of employment, with certain exemptions.

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