Tag: Burton Fishman

DOL poised to release new overtime final rule

The long-awaited final rule making millions more employees eligible to earn overtime pay is likely to be released on May 18, and if its contents match recent reports, employers and employees alike are in for big changes. The Politico news organization reports that Vice President Joe Biden, Labor Secretary Tom Perez, and Ohio Senator Sherrod […]

Proposed rule spells out paid sick leave requirements for federal contractors

by Tammy Binford The U.S. Department of Labor (DOL) has released its proposed regulations implementing President Barack Obama’s Executive Order requiring paid sick leave for employees of federal contractors. Executive Order 13706, signed on September 7, 2015, will apply to new contracts and replacements for expiring contracts that result from solicitations issued on or after […]

Deterring Intermittent FMLA Leave Abuse

by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in […]

Sears Settlement with EEOC Raises New Concerns on ADA Enforcement

by Burton J. Fishman Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has […]