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Making Bonus Programs FMLA Compliant

Webinar: ID# 1023071
Recorded CD
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About This Course:
On one hand, the FMLA prohibits employers from interfering with an employee's right to FMLA leave. On the other hand, should an employer have to pay a full bonus to an employee who was absent due to FMLA leave?

Regulations and case law have both developed and shifted since the FMLA's passage in 1993. This webinar reviews the tension between the FMLA and bonus programs, the changing law and practical approaches to making bonus programs both effective incentives and FMLA compliant.

Agenda

Introduction
The Old Approach
  • The Conflict Between the FMLA and Bonus Payments
  • The Old Regulation
  • Sommer v. Vanguard Group – Third Circuit
The New Approach
  • The 2009 Revisions to the FMLA Regulations
  • Subsequent Case Law
Conclusion
  • Practical Effect
  • Recommendations
About The Presenters

Adam G. Guttell, Esq.
  • Partner in the employment & labor practice group at Martin Clearwater & Bell LLP
  • Extensive experience advising employers of all sizes in industries as diverse as health care, finance, manufacturing, transportation, and hospitality
  • Represents clients in federal and state court proceedings, as well as private mediations, arbitration, and administrative hearings
  • In addition to representing clients in employment-related issues ranging from discrimination and harassment to violations of all state and federal fair employment laws, Mr. Guttell actively litigates restrictive covenant matters, including breaches of noncompetition, nonsolicitation and confidentiality agreements; he routinely counsels clients on drafting and enforcement of all manner of agreements related to employment
  • Counsels clients on compliance with various state and federal laws affecting the workplace, including Title VII, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Fair Labor Standards Act and New York State and City Human Rights laws
  • Co-wrote articles appearing in publications of the New York Law Journal, MD News, and The Risk Management Quarterly
  • J.D. degree, St. John’s University School of Law; B.A. degree in history, high honors, Brandeis University
Gregory B. Reilly, Esq.
  • Partner and head of employment and labor practice group at Martin Clearwater & Bell LLP
  • Experienced litigator and counselor with more than 20 years of experience practicing employment and labor law
  • Represents employers, ranging from small businesses to Fortune 500 companies in a variety of industries, including health care, hospitality, retail and staffing
  • Extensive experience in all aspects of employment and labor law including: wage and hour laws, wrongful termination, noncompete and nonsolicitation litigation, class and collective action lawsuits, and litigation involving discrimination and workplace harassment, among other employment issues
  • Represents employers in federal and state courts as well as before administrative agencies such as the Equal Employment Opportunity Commission
  • Counsels clients respecting proactive, practical strategies for legal compliance for the entire spectrum of the employment relationship from initial recruitment and hire to separations from employment
  • Accomplished author and his articles have appeared in publications of the American Bar Association, the New York Bar Association and in the New York Law Journal; featured speaker at seminars sponsored by organizations such as the Greater New York American Corporate Counsel Association, the New York State Bar Association and the Association for Healthcare Risk Managers of New York, Inc. (AHRMNY)
  • Achieved the highest rating in the Martindale-Hubbell Law Directory
  • J.D. degree, Harvard Law School; B.S. degree in industrial and labor relations, Cornell University
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Making Bonus Programs FMLA Compliant
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