Labor & Employment

August 1, 2018

Employment Law Update: Summertime and Taking Leave Is Easy – August 2018

Summertime and Taking Leave Is Easy By: Malissa Wilson Summertime brings summer vacations and holidays.  However, for employers, it can also bring a pattern of Friday and Monday absenteeism by employees on intermittent leave under the Family Medical Leave Act (FMLA) or, perhaps in these instances, better referred to as the “Friday Monday Leave Act.”  Understandably, this pattern may raise the suspicion of an employer who questions the validity of the absence, but feels there is no recourse for fear of violating the FMLA.  However, employers, have no fear, there are ways to address the matter without running afoul of the FMLA. The FMLA allows eligible employees of covered employers to take unpaid, job-protected leave for a specified family or medical reason with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.  Once it has been determined that an employee is eligible for leave under the FMLA, leave can be taken all at once or intermittently. It is intermittent leave that gives rise to the Friday/Monday absence pattern. Once an employee is certified for intermittent FMLA, an employer can request recertification every 30 days for pregnancy, chronic or permanent/long term conditions, none of which have a specified minimum duration of incapacity, provided the recertification is requested in connection with an absence and it is made on a “reasonable basis.”  If circumstances change significantly, or the employer receives information that cast doubt on the continuing validity of the certification, recertification […]

February 6, 2018

Malissa Wilson Honored by Mississippi Business Journal as a Leader in Law

Forman Watkins & Krutz LLP is proud to announce that Malissa Wilson was selected as one of the 2017’s Top Ten Leaders in Law by the Mississippi Business Journal. Each year, the Mississippi Business Journal recognizes a select group of 40 attorneys who exhibit both the legal success and the qualities of character that exemplify this honor. A reception and awards celebration was held in December to recognize the 2017 honorees.

January 24, 2018

Employment Law Update: Workplace Sexual Harassment – January 2018

In the wake of recent sexual misconduct allegations against numerous public figures, the U.S. Equal Employment Opportunity Commission (EEOC)—the agency responsible for enforcing federal laws prohibiting workplace harassment—has reported a deluge of visits to its sexual harassment website. And the National Women’s Law Center—an organization that disseminates information about the legal definition of harassment and how to file charges with the EEOC—has seen a five-fold increase in the number of calls about sexual harassment. Many expect this increased awareness of improper sexual behavior will lead to a dramatic increase in the number of workplace sexual harassment claims.

September 25, 2017

Lay-Offs Down, EEOC Charges Up

Current labor department statistics reflect a steady decrease in layoffs since the 2007-2009 recession. While layoffs are down, charges of discrimination filed with the Equal Employment Opportunity Commission (EEOC) are steadily going up. Nationally, the number of charges has increased from 75,768 in 2016 to 91,503 in 2016. As for the specific type of charge, retaliation claims currently top the national list at 42,018 followed by race claims at 32,309.