IAML Insights

February 22, 2019

In March 2010, as part of the passage of the Affordable Care Act, the Fair Labor Standards Act (FLSA) was amended to require most employers to provide nonexempt employees: “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk”; and...

February 21, 2019

A positive test may not equate to impairment. Those of us who have spent a lot of time in the world of drugs (gee, that doesn't sound right) know that marijuana stays in the body for weeks.  That is in contrast to the really bad drugs, like cocaine and heroin, which are usually in and out in a couple of days. What that used to mean...

February 20, 2019

According to the FMLA's regulations, "When an employee seeks leave for the first time for a FMLA-qualifying reason, the employee need not expressly assert rights under the FMLA or even mention the FMLA." Courts do not interpret this burden as a heavy one. An employee need not use the letters "F-M-L-A," or any other magic words to request...

February 19, 2019

A good reason to swear off gossiping at work. In a very interesting decision from the U.S. Court of Appeals for my Fourth Circuit, a three-judge panel recently held that false rumors that a successful woman "slept her way to the top" can create a hostile work environment under Title VII. I agree. We usually think of sexual harassment as "sexy...

February 15, 2019

Last year, California enacted SB 1343, amending California’s Fair Employment and Housing Act (FEHA) to expand employers' sexual harassment training requirements.  Previously, employers with 50 or more employees had to provide their supervisory personnel with two hours of sexual harassment prevention training every two years. Under the...

February 14, 2019

I run HR for a business with locations across the West Coast. One of our store managers, Romeo, called today to inform me that he is now dating the assistant manager, Juliet, at his location in Los Angeles. I hate to crush young love, but this relationship seems wildly inappropriate. How do I handle this uncomfortable situation?    ...