Lori is a dynamic labor and employment attorney who combines a sophisticated grasp of business strategy, extensive litigation skills and deep experience with traditional labor. As both a litigator and traditional labor lawyer, she has led industry-shaping cases and has defended employers before a range of courts and administrative forums, earning impressive jury trial successes in disability, harassment and retaliation cases. However, Lori's overall philosophy is to help employers proactively mitigate legal risks, galvanize workforces and create internal environments that set a course for greater profitability.
The guidance is consistent with long-understood employer obligations regarding record-keeping and paying for compensable time requirements. Employers have always been obligated to pay workers for all time 'suffered or permitted to work'—the idea being that the work performed is to the employer's benefit whether specifically authorized or not. This is why employers can discipline employees who work unauthorized overtime, for example, but cannot refuse to pay them for it.9 March 2021
If someone were furloughed for 21 weeks or more, it is possible that he or she would not have worked the requisite 1,250 hours within the prior year. To become eligible again, the employee would need to work enough hours after returning from furlough that, when added to those hours worked prior to the furlough, the total for the past year would reach 1,2509 March 2021