Jeff Nowak

Jeff Nowak

Franczek Radelet P.C.

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DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

8/6/2015 - Compliance Disability Disability Discrimination DOL EEOC FMLA Pregnancy Pregnancy Discrimination PTO Reasonable Accommodation UPS

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

Earlier this year, the Department of Labor issued a final rule allowing an otherwise eligible employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognized...more

6/29/2015 - DOL Employee Rights FMLA Fourteenth Amendment Obergefell v. Hodges Same-Sex Marriage SCOTUS Spouses

DOL Publishes New FMLA Forms -- Good Through May 2018

Those sneaky little rascals! While the rest of us were enjoying our Memorial Day holiday, those crazy kids over at the Department of Labor were still working away. This time, they were busy posting the new model FMLA notices...more

5/27/2015 - DOL FMLA Genetic Discrimination GINA Health Care Providers Military Caregiver Leave Military Leave Military Service Members Veterans Wage and Hour

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. ...more

4/13/2015 - DOL Employer Mandates FMLA Preliminary Injunctions Same-Sex Marriage

Texas Court Puts a Halt on DOL Enforcement of the New FMLA Rule Extending Leave Rights to Same-Sex Couples

A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect...more

3/27/2015 - DOL Final Rules FMLA Injunctions Same-Sex Marriage

It's March 2015. The DOL's Model FMLA Forms Expired Just Days Ago. Now What?

On February 28, 2015, the DOL’s recommended FMLA forms expired. And on March 1, the sun still rose in the east. Life, as we know it, forged on. It’s anyone’s guess as to when new FMLA forms will be issued, so in the...more

3/3/2015 - DOL FMLA Required Forms

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here's Everything Employers Need to Know

The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This...more

2/24/2015 - Corporate Counsel DOL DOMA Final Rules FMLA Legal History Same-Sex Marriage Spouses US v Windsor

New DOL FMLA Branch Chief: Expect Even More On-Site FMLA Investigations And Focus On Systemic FMLA Compliance Issues

This past December, the Department of Labor quietly turned its FMLA enforcement over to a new leader. After the retirement of FMLA Branch Chief Diane Dawson, who led the DOL’s FMLA enforcement for several years, the DOL...more

4/24/2014 - Compliance DOL Enforcement Actions FMLA Investigations

Can An Employee Insist That The Employer Pay For FMLA Medical Certification?

Let's put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support...more

2/12/2014 - DOL Employee Rights Employer Liability Issues FMLA Medical Certification Requests

FMLA FAQ: Can General Aches And Pains Support The Need For FMLA Leave?

I just returned from Disney World, a trip that had me chasing my kids (ages 8, 6 and 4) for days on end. So, I'm tired. And I ache. My feet ache. My back aches from my four year old riding on my shoulders. My head aches...more

1/30/2014 - DOL FMLA Sick Leave

DOL Publishes Spanish Version Of Its FMLA Poster; Employers Should Consider Their Obligation To Post

Over the past several months, a number of employers have asked me when the Department of Labor would be issuing the Spanish version of its new DOL poster (which accounts for the new regulations issued earlier this year). The...more

9/30/2013 - DOL Employee Rights FMLA

DOL Issues ERISA Guidance On Same-Sex Marriage; Is FMLA Guidance Next?

We have been sitting on the edge of our seat [ok, perhaps I'm on the seat alone] as we await the Department of Labor's anticipated regulations interpreting how the Supreme Court's DOMA decision impacts the definition of...more

9/24/2013 - DOL ERISA FMLA Same-Sex Marriage

DOL Updates Guidance On FMLA And Same-Sex Marriage

Of course, this kind of stuff happens while I'm on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it reported that the Department of Labor had just issued "regulatory...more

8/21/2013 - DOL DOMA FMLA Same-Sex Marriage US v Windsor

Take 2: Does Annual FMLA Certification First Require An Employee's Absence?

The feedback from last week's blog post on annual FMLA certification came fast and furious. ...more

8/13/2013 - Absenteeism Certifications DOL FMLA Sick Leave

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?...more

7/19/2013 - DOL Eligibility FMLA Full-Time Employees Temporary Employees Wage and Hour

Department Of Labor To Increase Frequency Of FMLA On-Site Investigations

For employers who have been involved in an FMLA investigation conducted by the U.S. Department of Labor, the process can be a bit of a head-scratcher because no two investigations look the same....more

4/25/2013 - Audits DOL FMLA Internal Investigations Investigations Posting Requirements Recordkeeping Requirements Training

DOL Lawsuit Highlights Simple Reality: Employers Who Ignore FMLA Regulations Face Severe Consequences

When an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe. A water bottling company recently learned this the hard way. ...more

4/19/2013 - DOL Employer Liability Issues FMLA Penalties

DOL Publishes PowerPoint Presentation To Help Train Employees About FMLA

This week, I had the privilege of presenting on the "Nuts and Bolts" of the FMLA with Department of Labor Branch Chief for FMLA, Diane Dawson. Our presentation was part of an FMLA/ADAAA compliance conference hosted by the...more

4/17/2013 - DOL FMLA Training

The Importance Of Providing Individual FMLA Notices To Employees

The Department of Labor was serious when it required employers beginning in 2009 to provide individual FMLA notices to employees regarding their eligibility and rights (Notice of Eligibility and Rights & Responsibilities) and...more

4/11/2013 - DOL FMLA Notice Requirements

Employers Must Begin Using Updated FMLA Forms And Poster Starting March 8, 2013

Earlier this month, the Department of Labor issued final new rules regarding the amendments to military family leave, flight crew eligibility and a handful of other relatively minor issues. ...more

2/28/2013 - DOL Flight Crews FMLA FMLA Certification Forms GINA Military Caregiver Leave Posting Requirements Safe Harbors

DOL Issues Final Rule Implementing FMLA Amendments Expanding Military Family Leave And Leave For Airline Flight Crew Members

This week, the Department of Labor released its final rule implementing the Family and Medical Leave Act amendments under the National Defense Authorization Act of 2010 (NDAA) and the Airline Flight Crew Technical Corrections...more

2/7/2013 - AFCTCA Airline Employees DOL FMLA Military Caregiver Leave NDAA Physical Impossibility Rule

The FMLA Turns 20 Today; The DOL Celebrates With Curious Survey Results About The Use Of FMLA

Happy 20th Birthday, FMLA! On February 5, 1993, President Bill Clinton signed the Family and Medical Leave Act, making it the very first piece of legislation he signed into law as President. ...more

2/5/2013 - DOL FMLA Medical Leave

DOL Issues Guidance On "Caring For An Adult Child" Under The FMLA

Yesterday, the U.S. Department of Labor issued an Administrator's Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child. ...more

1/15/2013 - ADA ADAAA Adult Children DOL FMLA Military Leave

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