FMLA Laws (CONT’D FROM PAGE 1)
Steep Penalties When laws mandate conflicting protective standards, added Ndjatou, the general rule is that employers must follow whatever provides the greatest benefit or protec- tion. “In practice, this can be complicated, especially for multi-state employers.” He suggests mapping out which laws apply to which employees based on work location, and then designing policies that meet or exceed the most protective standard in each jurisdiction. Noncompliant employers face significant consequenc- es including fines, civil penalties, back pay, interest, and in some cases private lawsuits or government enforcement actions. “Some states impose penalties that are equal to, or triple, the amount of unpaid wages or leave benefits,” said Harvey R. Linder, an employment and labor partner at CM Law ( cm.law ). “Administrative fines can range from $100 to $15,000 per violation, depending on severity and whether the employer is a repeat offender. Furthermore, those fines can be per-employee in the case of a class action suit. In some states, violation of paid leave laws can be a misdemeanor which can lead to jail time for the per- petrator.” The laws of various jurisdictions can pile up. “You can be looking at three times the penalties if an incident vio- lates federal, state and local laws,” said Kirkland Wayne Davis, SVP of HR Client Services & Employment General Counsel with Congruity HR ( www.congruityhr.com ). “Fur-
Meeting legal requirements is especially challenging because of the number of laws that apply. At the Fed- eral level, the FMLA covers employers with 50 or more employees and the ADA to those with 15 or more. At the state level, the number of jurisdictions that mandate some degree of paid family leave, often for the smallest of em- ployers, has risen from three to 12 and now protect about a third of Americans, according to a recent tally by The Economist. An upward trend in paid sick leave mandates is also visible at city and county jurisdictions. “Time off policies are very popular with workers, and that’s why you are see- ing so much more legislative activity,” said Edgar Ndjatou, Executive Director of Workplace Fairness ( workplacefair- ness.org ). “Employers will have to start getting ready for more of the same.” Two forces are adding fuel to the fire, noted Ndjatou. The first is the growing need among employees to provide care for aging relatives. A second is the tendency for peo- ple to look upon leave as a pathway to improved health care. “Many people do not have access to sufficient health insurance. So a lot of them are saying, ‘if you’re not going to give me the best health insurance, what else are you giving me?’ And they look upon time off to take care of medical issues as the next best thing.”
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22 March 23, 2026
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