Last updated 16 hours ago
Under the Family and Medical Leave Act, certain employees are permitted to take unpaid, job-protected leave for certain family and medical reasons while continuing to receive group health insurance coverage. In particular, covered employees can take twelve workweeks of leave during a twelve-month period if they need to care for a newborn child, a spouse, child, or parent with a serious health condition. Employees can also take time off if they suffer serious health conditions that prevent them from performing essential job duties.
As of February 5, 2013, the United States Department of Labor announced publishing a Final Rule to the Family and Medical Leave Act of 1993. This Final Rule will expand FMLA protections to military families, while incorporating special eligibility provisions for airline flight crew employees. The Final Rule will also clarify additional regulatory changes to the FMLA.
A survey titled Family and Medical Leave Act in 2012: Final Report from the Department of Labor found that the FMLA has continuously positively impacted the lives of workers. In addition, the FMLA doesn’t impose undue burden onto employers and supervisors, as all parties have found it relatively easy to comply with the law.
Definition of son or daughter
The Wage and Hour Division of the Department of Labor has further clarified the definition of son and daughter under the Family and Medical Leave Act. The FMLA applies to any person 18 years of age or older who is not capable of caring for him or herself because of a mental or physical disability. In addition, employees who assume the role of caring for a child are able to receive parental rights regarding family leave under the FMLA.
To learn how the Family Medical Leave Act affects your employee rights, please schedule a consultation with Chanfrau & Chanfrau of Palm Coast. Our family of Daytona Beach personal injury and employment attorneys are committed to providing the professional, compassionate representation our clients deserve. You can reach our office by dialing (877) 358-8085.
Last updated 3 days ago
President Obama signed the Whistleblower Protection Enhancement Act of 2012 into law on November 27, 2012. In doing so, he added substantial protections to federal employees helping expose waste, fraud, abuse, and threats to public safety through their positions in the federal government. In particular, the WPEA eliminates judicial loopholes that limit protections to government whistleblowers and discourage them from coming forward.
Clarifies scope of protected disclosures
The Whistleblower Protection Act of 1989 protected people with information if they reasonably believed that it was evidence of law violations, abuse of authority, or created specific danger to public safety. However, subsequent Federal Circuit decisions narrowed what kinds of behaviors were considered protected conduct. The WEPA restores adequate protection to whistleblowers by eliminating the loopholes that would ensure they lost their protection.
Protects disclosures about scientific integrity
Section 110 of the WEPA grants government scientists protection for challenging censorship or disclosing information related to the integrity of the scientific process. In particular, section 110 addresses disclosures when an employee reasonably believed that there was evidence of censorship related to scientific research, government waste or mismanagement, or a specific threat to public safety and health.
Educating employees about their rights
The WEPA seeks to not only strengthen federal whistleblower rights’, but it also introduces an outreach effort to educate federal employees about their rights. Under the WEPA, agency heads are requires to inform all employees of their whistleblower rights as well as how to lawfully disclose classified information to the Special Counsel, an Inspector General, member of Congress, or any other designated authority. In addition, each agency must designate a Whistleblower Protection Ombudsman to teach agency employees about their rights regarding whistleblower retaliation, without acting as a legal representative or whistleblower advocate.
Chanfrau & Chanfrau has recently expanded to include Employment and Labor law. In addition, our Daytona Beach personal injury attorneys represent those injured due to another person’s negligence. If you would like to schedule an appointment with an employment or personal injury lawyer, please call (877) 358-8085.
Last updated 8 days ago
There are a number of important federal laws and government agencies that protect employees from discrimination in the workplace. The Equal Employment Opportunity Commission, the Florida Commission on Human Relations, and the Department of Labor all help protect against discrimination based on pregnancy, disability, race, national origin, and age. If an employee is adversely treated because of one of these factors, then he or she may have grounds for an employment discrimination case.
Kelly Chanfrau of Chanfrau & Chanfrau is a Central Florida employment attorney familiar with the complexities involved in employment discrimination cases. Whether someone is treated adversely during the hiring process or while he or she is an employee, Mr. Chanfrau can help assess the facts of the case. In addition to employment discrimination, Mr. Chanfrau is experienced in handling harassment claims, which occur when an employee is subjected to incidents that interfere with his or her success in the workplace.
Chanfrau & Chanfrau of Daytona Beach offers a free initial consultation to assess the facts of your case. If you feel that you have become the victim of employment discrimination, please give us a call at (877) 358-8085.
Last updated 11 days ago
According to a recent study by the American Association of University Women, nearly half of all students between seventh and 10th grade have been sexually harassed in the past year. While the majority of sexual harassment is in person through comments, gestures, and jokes, students are also subjected to sexual harassment online. More upsettingly, the study shows that teachers are also crossing the line and making inappropriate sexual comments.
Sexual harassment at school can result in stress, anxiety, and missed school days. Even though girls are more often the victims of sexual harassment, middle school and high school boys are also being victimized. This news report takes an inside look at the problem, explaining how parents can help teach their children appropriate behavior.
Chanfrau & Chanfrau represents victims of sexual child abuse. You can schedule a free, confidential case review by calling our Daytona Beach office at (877) 358-8085.
Last updated 15 days ago
The attorneys of Chanfrau & Chanfrau represent Central Florida employers and employees in wage and hour disputes. These kinds of legal disputes are governed by the Fair Labor Standard Act, which establishes minimum wage, overtime pay, and youth employment guidelines. Whether you are an employer or an employee, it’s important to understand how the Fair Labor Standards Act governs your workplace environment.
As of July 24, 2009, the federal minimum wage was set at $7.25 per hour. In addition to federal laws regarding minimum wage, many states also have their own minimum wage laws, which may provide greater employee protections. Employers are required to abide by both state and federal laws in regards to minimum wage. For tipped employees, an employer may pay a minimum of $2.13 an hour in direct wages, as long as that amount combined with the tips equals the minimum federal wage.
A standard, full-time workweek is considered 40 hours. Unless exempt, FLSA requires employees to pay overtime for hours worked exceeding 40 hours in a given workweek. Overtime pay equals at least time and one-half of the employees’ regular pay rates. However, FLSA doesn’t require employers to pay overtime for work on holidays, Saturdays, or Sundays, as long as the employer isn’t working more than 40 hours per week.
The purpose of child labor laws is to ensure that young people work in safe environments, which don’t jeopardize their health, well-being, or educational opportunities. In Florida, minors between the ages of 14 and 15 can only work a maximum of three hours per day on school days and eight hours per day on non-school days. In addition, minors require a thirty-minute, uninterrupted meal break at least every four hours.
If you would like to learn more about complying with FLSA and Florida labor laws, contact Chanfrau & Chanfrau at (877) 358-8085. We are a full-service Daytona Beach law firm handling personal injury claims as well as wage and dispute issues. Whether you are an employee or an employer, Kelly Chanfrau can help you understand how to comply with employment laws.