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The Modern Workplace

Posts from May 2015.
The US Department of Labor has finally issued new versions of its sample Family and Medical Leave Act (FMLA) notice, provider certification, and military certification forms. The old DOL forms expired some time ago, leaving employers to wonder when they would receive the DOLs new blessed versions of the forms. Well, they are finally here!
Employers are not required to use the DOLs new sample FMLA forms, but using them can give employers the peace of mind that they are asking for information they are allowed to obtain without over-reaching, and that they are providing all the FMLA ...
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Posted in Discrimination
This month, the EEOC began to roll out ACT Digital, the agency's first step to a digital charge system. ACT Digital will enable electronic transmission of documents filed between the parties to a charge and the EEOC. Implementation began on May 6 with EEOC offices in the Charlotte and San Francisco areas. EEOC offices in Denver, Detroit, Indianapolis, and Phoenix will also begin implementation by the end of May. The remaining EEOC offices will roll out implementation in stages, with the EEOC expecting ACT Digital to be available in all offices by Oct. 1, 2015.

Phase 1 of implementation ...
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A recent court order in a case in Iowa reminded me of how easy it is for employers to waive the attorney-client privilege by disclosing (deliberately or inadvertently) the advice they receive from their attorneys. The order shows that a careless reference indicating that a decision was based on the advice of counsel opened the door and required the disclosure of conversations between the attorney and the client. Whitney v. Franklin General Hospital (U.S. District Court for the Northern District of Iowa, Ruling on Motion to Quash, April 23, 2015).
One of the oldest recognized ...
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Two recent articles pose interesting questions regarding recruiting and retaining younger workers. The first, at Fortune.com, and a related Wall Street Journal blog post, consider whether an employment advertisement seeking digital natives is evidence of age discrimination. The article notes that the term digital native was coined by author Marc Prensky and refers to individuals who grew up with technology, becoming native speakers of the digital language of computers, video games and the Internet.

Fortune found, however, that employers have used the term in a way that could ...
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