Southwest Florida Employment Law Blog : Southwest Florida Employment and Labor Lawyers & Attorneys for Discrimination Lawsuits and Civil Rights Cases in Fort Myers, Bonita Springs & Sanibel FL

In an Administrative Interpretation issued yesterday, the Department of Labor clarified the definition of "son and daughter" as it applies to an employee standing "in loco parentis" to a child under the Family and Medical Act for purposes of non-military leave.  The Interpretation was intended to ensure an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.  With the Interpretation, the DOL made clear the FMLA, which allows employees to take leave for the birth or adoption of a child, extends to the various parenting relationships that exist in today's world. 

The definition of "son or daughter" includes a "biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis."  In loco parentis includes those with day-to-day responsibilities to care for and financially support a child.  Employees who have no legal or biological relationship with a child may nonetheless stand in loco parentis, and thus be entitled to FMLA leave. 

The Interpretation clarifies that the regulations do not require an employee who intends to assume the responsibilities of a parent to establish that he or she provides both day-to-day care and financial support.  The Interpretation lists several examples, including an employee who provides day-to-day care but does not financially support his or her unmarried partner's child with whom there is no legal or biological relationship.  It also lists, as an example, an employee who will share equally in the raising of an adopted child with a same-sex partner, but who does not have a legal relationship with the child.

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The final rules implementing Executive Order 13496, which was signed by President Obama on January 30, 2009, were recently issued.  Under the new rules, federal contractors and subcontractors are required to inform employees of their rights under the National Labor Relations Act ("NLRA"), the primary federal law that governs relations between unions and private employers.  Importantly, the new posting requirements do not apply to contracts under the Simplified Aquisition Threshold (currently $100,000) or to subcontracts under $10,000.

The notice informs employees of their NLRA rights with regard to organizing and collective bargaining, conduct that is deemed an unfair interference with employee rights, and information on contacting the National Labor Relations Board if an employee believes his or her rights have been violated.  The notice must be posted conspicuously in plants and offices where notices to employees are customarily posted.  If the employer customarily posts notices electronically, the employer must post this notice electronically as well.

The Department of Labor ("DOL") issued a "Fact Sheet" with helpful information, which you can download here.  The DOL also provides the model notices on its website.  The notice must be at least 11x17 inches in size.  Employers who can print on large paper can use this form.  Employers without the capability of printing on large paper must use this form, and tape it together so that it is at least 11x17 inches in size.

Please note that the notice must be posted no later than June 21, 2010.

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 MEMO

From:  Miss Blu* in HR

To:  All Employees

Re:  Birthday Decorations Policy

HR has recently learned that some employees are discussing and even <gasp> displaying other employees' ages on birthday decorations in the workplace.  In this day and age of getting sued for everything, the Company simply cannot tolerate the added risk of an age discrimination lawsuit based on such shenanigans.  Therefore, HR has written the following Birthday Decorations Policy:

                                                              Birthday Decorations Policy

Effectively immediately, no one is allowed to discuss their ages with their co-workers -- not even on your birthday.

If you are hosting a little cubical party for one of your co-workers and are tempted to get an "Over the Hill" banner, do not, or you will be found to be in violation of this policy.  And don't even think about buying brightly colored Mylar balloons that say something like "Happy 30th Birthday."

Additionally, numbered birthday candles for the top of a cake for a co-worker's birthday cake will not be tolerated. If numbered candles are found, the perpetrator will be forced to eat the wax candles in front of the HR Director and then send a company-wide email admitting violation of this policy and apologizing to the birthday person.

In fact, come to think of it, wishing someone a happy birthday is too risky as well, as it indicates that person has turned another year older and, by acknowledging the birthday, the company could be blamed for age discrimination. So you are forbidden from wishing any co-worker a happy birthday effective immediately.

HR is committed to keeping this company protected from getting sued for birthday-related age discrimination, so we will be patrolling the halls looking intently for someone who is in violation of this policy, especially on days we know (and, after all,  we are HR and we know everything!) to be someone's birthday.

 *Miss Blu is the nom de plume for a Human Resources professional who lives and works in Southwest Florida.  You can find her complete biography here.

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