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What the Statute Says is Just the Beginning
Most often, this difficulty results from the fact that, as a practical matter, the words of a complex statute like the FMLA can never envision and resolve all of the day in, day out issues that those who live with the statute will have to face. The statute itself is, necessarily, a skeletal starting point, and it is left to the courts and agencies to flesh out the “real world” impact of any new law through evolving decisions and regulations.
In the case of the FMLA, this means that employers become the statute’s involuntary proving grounds. Employers are made to confront situations for which the FMLA does not provide specific direction, and they have to make decisions. Employees, in turn, will challenge their employer’s decisions, leading to court and agency rulings. If the employer guesses wrong, it pays; if not, it lives to fight another day. Through this somewhat random, frequently unjust process, a body of rulings and interpretations emerges, filling in the holes in the statutory scheme, defining terms, and providing guidelines for future conduct.
Employers must constantly monitor this evolutionary legal process. As the saying goes, those who do not learn from history are doomed to repeat it. Or, translated into business terms, it’s always useful to learn from your own mistakes, but it’s a lot easier and cheaper to learn from the mistakes of others.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
