To be eligible for leave under the federal Family and Medical Leave Act (FMLA), an employee must have been employed by the employer for the preceding 12 months, and the employee must have put in at least 1,250 “hours of service” during that time. Neither the FMLA nor the Fair Labor Standards Act (FLSA) defines “hours of service.”When a hospital determined that a nurse it employed was about seven hours short of the 1,250 hours threshold, and therefore denied the nurse FMLA leave in connection with her surgery for carpal tunnel syndrome, the circumstances required a federal appellate court to construe the proper meaning of “hours of service.”
Report from Counsel
IRS Gets Tough on Deferred Compensation
The much-anticipated and much-delayed rules from the IRS on the income tax treatment of deferred compensation are now available. At almost 400 pages, the rules are not exactly light reading for the average taxpayer. Taxpayers have until the end of 2007 to make any necessary changes to their deferred compensation plans. The Internal Revenue Code … Read more
Computer Fraud and Abuse Act Update
The federal Computer Fraud and Abuse Act (CFAA) is most closely associated with criminal prosecutions brought by the Department of Justice. But the CFAA also provides for a civil cause of action for anyone who suffers damage or loss because of a violation of the statute. In light of the expansive reading that some courts have given to the law, victimized companies should give consideration to taking the civil route. A civil lawsuit gives the wronged party more control and may provide a quicker fix. By means of such a lawsuit, the victim can retrieve stolen data, enjoin illegal access to data, and even get compensatory damages for the theft and destruction of data.
"ARM" Borrowers Beware!
After a period in which eligibility criteria for prospective borrowers were stretched to the breaking point, the chickens are coming home to roost in what is sometimes euphemistically called the “subprime” home mortgage market. Millions of new homeowners who got an adjustable-rate mortgage (ARM) with terms that they could handle in the early years now … Read more
Fall 2007 Report from Counsel
“Computer Fraud and Abuse Act Update” discusses how companies can protect themselves under the civil provisions of the Computer Fraud and Abuse Act. “IRS Gets Tough on Deferred Compensation” discusses developments in IRS treatment of deferred compensation. “Excluded Heirs May Still Inherit“emphasizes the importance of updating estate plans to ensure desired inclusion—and exclusion—of beneficiaries. “‘Arm’ … Read more