Doctor Doctor Give Me The News, Is My Employee Fit For Duty After FMLA Leave?

On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation related to the health condition for which the employee was granted FMLA leave, so long as it is job related and consistent with business necessity.

In White v. County of Los Angeles (a copy of the order can be found here), Plaintiff […]

By | May 2nd, 2014 ||

Poland: High Time For Flextime

A less rigid approach to scheduling of working time offers win/win solutions for employers and employees

Amendments to Poland’s Labor Code that went into effect on August 23, 2013, introduced important changes in the rules for scheduling and calculating employees’ working time.

The amending act includes provisions designed to counter the effects of the economic crisis and allow businesses in Poland to operate more competitively. Lawmakers also sought to make it easier to create new jobs, […]

By | May 1st, 2014 ||

Australia: Post employment restraints can be abroad and still upheld

It is often the perception of employers that post employment restraints are not an important aspect of employment contracts. Nothing could be further from the truth. Post employment restraints that restrict employees from undertaking work for clients whether personally or as employees of a third party are regularly upheld by courts.

Recently, a restraint that was put in place by an employer prohibiting an employee from working anywhere in Australia in their industry was upheld […]

By | April 30th, 2014 ||