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Making Bonus Programs FMLA Compliant

Keep your company compliant when dealing with the effect of FMLA upon bonuses.

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 topic 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.

Runtime: 82 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on September 19, 2016.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Gregory B. Reilly, Esq.

Gregory B. Reilly, Esq.

Bond, Schoeneck & King PLLC

  • Member, Employment & Labor Practice Group
  • Experienced, well-regarded and successful employment law attorney who has represented small, medium and large employers for over 30 years
  • Provides advice and counsel respecting a variety of employment issues including, but not limited to, alleged wage and hour violations, discrimination, retaliation, whistleblower and noncompete enforcement
  • Has successfully litigated and tried cases in various federal and state courts and before many government agencies
  • Can be contacted at 646-253-2330 or greilly@bsk.com
Adam G. Guttell, Esq.

Adam G. Guttell, Esq.

Martin Clearwater & Bell LLP

  • 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
  • Can be contacted at 212-916-0938, 516-222-8502 or adam.guttell@mcblaw.com
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 399139
Published 2016
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