Janell Stanton

Management-side employment attorney at Felhaber Larson and frequent speaker on HR and employment law topics

[Janell Stanton @JanellStanton16]

If an employer suspects FMLA abuse, they should conduct an invesitgation. Review the FMLA request and any associated medical documentation, look at attendance records. Are there discrepancies between the two? Consider the timing of the request - is it during Spring Break? #fmla

[Janell Stanton @JanellStanton16]

If your company supsects FMLA abuse, check for a policy prohibiting dishonesty, generally, and/or FMLA abuse, specifically. Alternatively, look at employe's FMLA leave request form. Did the employee acknowledge that the information was truthful and correct? #FMLA

[Janell Stanton @JanellStanton16]

If a request for religious exception to an employer's vaccine mandate causes an undue hardship on the employer, the request may be denied. Undue hardship can exist when an accommodation would jeopardize workplace safety or diminish efficiency in other jobs #VaccineMandate #EEOC

[Janell Stanton @JanellStanton16]

While employers should typically accept an employee’s claim that their religious beliefs are sincerely held, employers can request verification when it has an objective reason to doubt an employee’s sincerity of the religious belief. #VaccineMandates #EEOC

[Janell Stanton @JanellStanton16]

Check out my recent podcast with @SHRMAClayton discussing situations when HR should contact the police department

https://t.co/CniMmuxVmD

[Janell Stanton @JanellStanton16]

Employees/applicants seeking a religious exception to an employer's COVID-19 vaccine mandate bear the burden of requesting the exception from the employer, though employees are not required to use any “magic” words in making their request. #VaccineMandate

[Janell Stanton @JanellStanton16]

Check out my recent article in the MN Employment Law Report:

https://t.co/8NKL3UPG9n

[Janell Stanton @JanellStanton16]

Thank you so much @SHRM for inviting me to participate today. I hope everyone watching found the information to be informative and helpful. Have a great rest of the day! #Nextchat

[SHRM @SHRM]

And that’s a wrap! A very special thank you to SHRM HR Knowledge Center Director Amber Clayton (@SHRMAClayton) and Janell M. Stanton, Esq., from Wagner, Falconer & Judd Ltd. (@JanellStanton16) for being our special guests today. #Nextchat

[Janell Stanton @JanellStanton16]

A7. Who is responsible for each component of the company’s pandemic response plan? Assigning a person or team who will be answerable for any virus-related development and bears ultimate responsibility will ensure employees and leaders know who to look to for guidance. #Nextchat

[SHRM @SHRM]

Q7. What questions should companies be asking to help “crisis-proof” all compliance-related programs for COVID-19? #Nextchat

[Janell Stanton @JanellStanton16]

A7. What is our contingency plan if many employees contract COVID-19? Most companies think about what happens if one employee contracts COVID and the consequences stemming from that such as work comp claims. But what if a significant number of employees fall ill? #Nextchat

[SHRM @SHRM]

Q7. What questions should companies be asking to help “crisis-proof” all compliance-related programs for COVID-19? #Nextchat

[Janell Stanton @JanellStanton16]

A6. Nonexempt employees must be paid for all hours worked, so if a nonexempt employee only works 20 hours per week, they are only paid for those 20 hours. You must be much more careful with an exempt employee and examine the reason the employee did not work a full week. #Nextchat

[SHRM @SHRM]

Q6. What COVID-19-related FLSA issues are you dealing with, and what advice can you share for how HR can stay in compliance? #Nextchat

[Janell Stanton @JanellStanton16]

A6. Our attorneys also receive a lot of questions about employees who only work partial weeks and whether they must be paid for the full week or whether pay can be deducted. It does depend on whether the employee is exempt or nonexempt. #Nextchat

[SHRM @SHRM]

Q6. What COVID-19-related FLSA issues are you dealing with, and what advice can you share for how HR can stay in compliance? #Nextchat

[Janell Stanton @JanellStanton16]

A6. This is where written policies become crucially important. Make sure you clearly define all of your employee’s work hours, delineate meal and rest breaks, and prohibit off-the-clock work. #Nextchat

[SHRM @SHRM]

Q6. What COVID-19-related FLSA issues are you dealing with, and what advice can you share for how HR can stay in compliance? #Nextchat

[Janell Stanton @JanellStanton16]

A6. When employees are working remotely, accurate tracking of all hours worked can become a major gray area. Are you sure that your non-exempt employees are only working during their set work hours and aren’t checking emails from the phones at night? #Nextchat

[SHRM @SHRM]

Q6. What COVID-19-related FLSA issues are you dealing with, and what advice can you share for how HR can stay in compliance? #Nextchat

[Janell Stanton @JanellStanton16]

A5. Beyond written policies, employee training (required in some states) is highly recommended. It’s difficult to get employees to read written policies. Create a fun and engaging training to explain the company’s COVID-19 response plan and it’s more likely to “stick” #Nextchat

[SHRM @SHRM]

Q5. How can employers ensure the enforcement of OSHA’s requirements with respect to coronavirus to avoid compliance and legal issues? #Nextchat

[Janell Stanton @JanellStanton16]

A5. All companies welcoming employees back onsite during the pandemic should have (and some states require you to have) a written pandemic response plan. This plan should cover all protective measures the company is taking and spells out employee duties. #Nextchat

[SHRM @SHRM]

Q5. How can employers ensure the enforcement of OSHA’s requirements with respect to coronavirus to avoid compliance and legal issues? #Nextchat

[Janell Stanton @JanellStanton16]

A5. Your COVID-19 task force should be comprised of members from all levels of leadership and, of course, should include HR. This team will lead the organization’s planning, implementation, and response to all things COVID-related in the workplace #Nextchat

[SHRM @SHRM]

Q5. How can employers ensure the enforcement of OSHA’s requirements with respect to coronavirus to avoid compliance and legal issues? #Nextchat

[Janell Stanton @JanellStanton16]

A5. Three ways: establish a COVID-19 task force, implement a written pandemic response plan, and communicate the plan and its requirements to your employees in writing and through training. #Nextchat

[SHRM @SHRM]

Q5. How can employers ensure the enforcement of OSHA’s requirements with respect to coronavirus to avoid compliance and legal issues? #Nextchat

[Janell Stanton @JanellStanton16]

@RealHRMeg1 @SHRM Great point! Bringing a healthy dose of human to "HR" in considering time off requests is a good idea right now. #Nextchat

[Janell Stanton @JanellStanton16]

I love to use the https://t.co/73IdLTW0st website for help coming up with creative acccommodations depending on the disability involved. #Nextchat