The News You Need for Feb. 9
It's Friday and the Big Game awaits, but before you say goodbye to the workweek, say hello to today's news from WorkersCompensation.com
Twice-fired Parks and Rec Worker’s FMLA Interference Claim Runs out of Gas
St. Petersburg, FL (WorkersCompensation.com) – An employer’s good faith efforts to respond to an FMLA request can go a long way toward defeating an FMLA interference claim.
A case involving a parks and recreation worker in Florida is a case in point. In Chavous v. City of St. Petersburg, No. 22-10228 (11th Cir. 01/31/24, unpublished), an equipment operator was injured in a car accident at work. He was then fired on July 26, 2018, for not showing up to work after the accident.
The operator later provided a doctor’s certification for an FMLA request. The certification stated that it could take one to four weeks for the operator to recover. The city promptly granted the leave retroactively and reinstated the operator.
The operator was told to return on August 8, when his leave was finished. He failed to report to work that day, or the next, or to report his absences. Nor did he request additional leave. So, the city fired him again on August 27.
The operator filed a lawsuit alleging FMLA interference.
The court explained that, to establish an initial case of FMLA retaliation, an employee must show that he was denied a benefit to which he was entitled under the FMLA. The primary benefits of the FMLA are:
(1) Entitlement to 12 weeks of leave during a 12-month period because of a serious health condition that makes the employee unable to perform the functions of his position.
(2) The right to be restored to the same or an equivalent position after returning from leave.
Where an employee alleges he was fired because of exercising a right under the FMLA, the court stated, an employer may defend against the claim by showing that it would have fired the employee regardless of his request for FMLA leave.
July Firing
As for the July termination, the court pointed out that the city based its decision to fire the operator on the fact that he took 17 days of "unscheduled leave," after he was involved in a car accident. The city, however, reinstated him when his doctor finally submitted the certification that was required in order for the city to consider the leave request.
“What's more, it awarded him back pay from the date his FMLA leave ended, July 26, 2018, until Aug. 7, 2018, the day before he was supposed to return to work,” the court wrote. Because the city made him whole, he was not denied any benefit to which he was entitled under the FMLA. Thus, he could not state an interference claim based on the first termination.
August Firing
As to the second firing, the court pointed out that it occurred on Aug. 27, while the worker was no longer on FMLA leave. Even though his leave had ended on Aug. 8, he still had not returned to work. The court rejected the employee’s argument that his doctor told him that it might take him longer to recover, noting that the operator never asked for more leave. As a result, he was not denied any FMLA benefit.
The court affirmed the District Court’s dismissal of the case.
3 Dead after Boise Building Collapses
Boise, ID (WorkersCompensation.com) – Three people working on a hangar at the Boise Airport are dead, and another nine were wounded, five critically, following the building’s collapse, officials said last week.
Aaron Hummel, chief of operations for the Boise Fire Department, said at a press conference that the building collapsed about 5 p.m. on Jan. 31. The building was a private hangar under construction, he said.
“There was a large-scale collapse of the building, the framework of the building,” Mr. Hummel said.
The hangar is privately owned by Jackson Jet Center, a charter flight and maintenance company. Officials said the collapse occurred during construction and that the collapse also brought down a crane.
“It was fairly catastrophic,” Hummel said.
According to the city of Boise, three people died at the scene, and a total of nine others were injured. Five of those injured were in critical condition, the city said in a statement. The names of the deceased and injure had not been released by Thursday evening. Boise Police said the incident was being handed over to OSHA for investigation.
“Yesterday was a tragic day for our Boise community. Our heartfelt condolences go out to the families and loved ones affected by this incident,” said Boise Fire Chief Mark Niemeyer. “I commend the actions of all the first responders for their quick and professional response rescuing victims and caring for patients in a chaotic and very dangerous environment.”
The structure was the frame of an engineered steel building that would have become a new hanger for Jackson Jet Center. Engineered buildings are common in industrial and warehouse construction, officials said, and this one was to be a single story tall. Video of the collapse showed mangled girders and a bent crane under what appeared to be the frame of the building. Typically, engineered buildings are kind of a standardized kit designed to be assembled on site. According to paperwork filed with the city, the hangar was supposed to be 39,000 square feet and be erected on a concrete foundation.
“These hangars are necessary for continued Jackson Jet operations following the Boise Airport requiring Jackson Jet to vacate their existing hangars in order to accommodate planned airport parking facilities,” an application from Boise architecture firm Glancey, Rockwell and Associates, said according to the Idaho Statesman. According to the permitting application, the project was estimated to cost more than $8 million and was to include earth grading, a concrete foundation and the metal building.
Officials with the city said the steel frame of the building had been erected and crews were working on the structural components that would have tied the frame together when the building collapsed.
Officials said the victims would be identified by the Ada County Coroner’s Office after the next of kin had been identified.
"Our community is facing a profound loss after the hangar collapse last night. Our thoughts are with the families who lost loved ones and those who are awaiting news on those still in critical conditions,” Boise Mayor Lauren McLean said. “We owe a debt of gratitude to our first responders and emergency response teams for their quick, compassionate and professional actions last night and into today and we hold everyone involved in our hearts."
The city said it would be providing support to many of the first responders who responded to the incident. The Boise Airport Director, Rebecca Hupp, said the collapse did not impact the airport’s operations, but that the airport team sent condolences to those impacted.
“Yesterday’s tragic news of the hangar collapse was absolutely heartbreaking for our airport team and for our community,” she said. “Today we are thinking about the families that lost loved ones, our neighbors at Jackson Jet Center, and their contractor. Life is precious and every day is a gift.”
Officials with Jackson Jet Center said in a statement that their “hearts go out to everyone affected by this horrific event.”
“We do not know exactly what caused the hangar collapse,” the company said. “Our focus now is on supporting our team and partners during this difficult time.”
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Inland Crane, the company that provided crane services to the construction project, said one crane was in service on site to place an end truss.
"When the building collapsed due to an unknown structural failure, the crane boom - the hydraulic arm of the equipment - snapped on impact,” the company said in a statement to KTVB. “Based on accounts of Inland Crane operators, construction workers on site, and the steel erecting contractor, we believe that no action by Inland Crane operators or the crane itself were cause for the structural failure of the hangar.”
Inland Crane said none of its employees were injured in the collapse.
“The well-being of our team is our utmost concern,” the company said. “While the collapse of the structure broke a crane, the crane operator and our team on site were not injured. We arranged counseling services for our team members and will continue to support them through this challenging time.”
Middle Managers, Remote Workers Targeted for Job Cuts by Companies Nationwide
Sarasota, FL (WorkersCompensation.com) -- The workplace carnage continues as companies streamline bottom lines by dumping middle managers and remote workers at a rapid pace in 2024, according to research from Live Data Technologies.
In just the past few weeks, Alphabet, Amazon, Citigroup, Ebay, Microsoft, Sports Illustrated, Snapchat, Estee Lauder and Wayfair have all announced job cuts. Even United Parcel Service said it plans to cut 12,000 jobs.
“Companies often target middle managers for cuts. They often streamline,” said Karen Litzinger of Litzinger Career Consulting in Pittsburgh, Pa. “Middle managers are getting squeezed from both sides; angry employees and impatient executives anxious for more profits,’’ added Litzinger.
At the same time, the current round of layoffs has highlighted the vulnerabilities of remote workers. Some reports have indicated that employers would target remote workers at a time when many companies are trying to bring staff back.
“Being remote makes it easier to let you go,’’ said Litzinger. “You don’t have that day-to-day interaction. It is easier on a human level to let someone go. It’s easier to utilize that as a rationale for layoffs,’’ said Litzinger.
The growing list of high-profile job cuts is adding a jolt of uncertainty to the white-collar world where fears of a recession and displacement by generative artificial intelligence have become standard water cooler discussion, according to Robert Strauss, a political economist at Carnegie Mellon University’s Heinz College. “The growing crackdown on remote work is also creating anxiety,’’ Strauss added.
Strauss further explained that some layoffs appear to be connected to the current business climate in which interest rates are high, but widely expected to fall at some point this year. “And terrible weather in California right now may also impact how companies hire and operate, as supply chains will be impacted by all the flooding,’’ he said.
“Firms are also repositioning, reorienting and reorganizing for growth,’’ said Litzinger.
But the results from Live Data Technologies also found that remote workers are more likely to quit a job, with 12 percent of remote workers leaving their company and finding a job within two months last year. Only 9 percent of hybrid or in-person workers did the same.
Still experts report that the more optimistic view of the latest research finds that taking out layers of middle management makes organizations more agile and streamline.
But one problem of all those cuts is the brain drain. “Companies haemorrhage the expertise of middle managers who hold a great deal of institutional knowledge,’’ said Strauss.
There are close to 11 million people in the U.S. working in non-executive “middle’’ management roles compared to 238,000 executive leaders, according to the Department of Labor. By 2025, an estimated 32.6 million Americans will be working remotely or in a hybrid capacity.
RISE – Rising Insurance Star Executives Seek Mentors for Spring Mentorship Program
RISE, Rising Insurance Star Executives, is a program that aims to empower the next generation of leaders in the insurance industry. The organization is seeking professionals interested in serving as mentors for its upcoming spring mentorship program.
The RISE mentorship program is designed to create meaningful connections between mentors and mentees and equip mentors with the necessary skills to support mentees in career advancement, professional development, leadership skills, and work-life balance.
Mentors will have the opportunity to share their expertise, tackle new challenges, and gain personal fulfillment from investing in the future leaders of the insurance industry.
Why Become a Mentor?
Program Highlights:
Interested professionals are encouraged to apply to become mentors and play a pivotal role in shaping the careers of emerging leaders in the insurance industry. For more details on the mentorship program and to submit your application, please visit RISE Mentorship Program Application - Spring 2024.
For additional information or inquiries, please email Desiree Bennett, Program Manager at RISE, at dbennett@riseprofessionals.com.
Join RISE and make a difference in the lives of rising stars in the insurance sector. Your knowledge, experience, and guidance can help build a brighter future for the industry!
Love the deep dive on #WorkersCompensation & #RemoteWork! 😊 Balancing flexibility & safety is key - reminds me of Seneca saying luck is what happens when prep meets opportunity. 🌟