Civil Rights, Military Law

DOL Issues Final Regulations Implementing the 2009 FMLA Amendments

by Lavon Ammori, Megan Norris | Miller Canfield on 5/17/2013

The Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2008 (FY...more

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

At-Will Employment

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

11th Circuit Grounds U.S. Air Force Reservist’s USERRA Claim

by Michael Mattingly | Dinsmore & Shohl LLP on 4/26/2013

On April 5, 2013 the U.S. Court of Appeals for the 11th Circuit issued its opinion in Landolfi v. Melbourne1, holding that although an employee’s military service motivated the employer’s promotion decisions, his Uniformed...more

CFPB seeking information on strategies to build financial capabilities for veterans and other special groups

by Barbara S. Mishkin | Ballard Spahr LLP on 4/10/2013

The CFPB is looking for responses by April 12 to two Requests for Information it has filed seeking information on how to build financial capabilities for people with disabilities, veterans in transition, and people who are...more

Was this week the beginning of the end for DOMA?

by Nancy Van Tine | Burns & Levinson LLP on 4/1/2013

Hi there, This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s...more

Be Aware of More Aggressive Enforcement of Equal Pay

by Renee Inomata | Burns & Levinson LLP on 3/1/2013

The Director of the Office of Federal Contract Compliance Programs (OFCCP), Patricia A. Shiu, just announced that prior voluntary guidelines and compliance standards for federal contractors and subcontractors to comply with...more

Pentagon Declares Women May Now Serve In Combat Positions

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/28/2013

On January 23, 2013, outgoing Defense Secretary Leon Panetta announced that the Pentagon would be lifting the longstanding ban on women serving in direct combat positions in the US military. This measure reverses the 1994...more

DOL Offers Guidance on FMLA Rights for Adult Children

by Anne Yuengert | Bradley Arant Boult Cummings LLP on 1/28/2013

All covered employers know that the FMLA entitles an eligible employee to take up to 12 weeks of unpaid, job-protected leave during a 12-month period to care for a “son or daughter” with a serious health condition. While most...more

Legal Alert: Department Of Labor Issues New Guidance Clarifying FMLA Qualifying Leave

by R. Michelle Tatum | FordHarrison on 1/25/2013

The Department of Labor (DOL) has clarified the definition of "son or daughter" to now permit an eligible employee to take leave under the Family and Medical Leave Act (FMLA) to care for an adult child who is incapable of...more

EmployerLINC.com - January 22, 2013: Limits on reemployment rights under USERRA

by Charlie Plumb | McAfee & Taft on 1/24/2013

Under the Uniform Services Employment and Reemployment Rights Act (USERRA), employers may not discriminate against employees based on military service. USERRA also affords employees returning from military leave with...more

Minnesota Approves Preferential Hiring of Veterans

by Dorraine Larison | Gray Plant Mooty on 1/23/2013

Here at The Modern Workplace, we have often cautioned employers to be very careful when hiring to avoid claims of discrimination. In particular, we have cautioned employers about using an employee’s class (such as gender,...more

The Department of Labor Provides Clarification as to When Employees Can Use FMLA Leave to Care for Adult Children

by Stacie L. Caraway | Miller & Martin PLLC on 1/22/2013

Regarding situation (1) above, the DOL states that although the 26 weeks of “injured service member care leave” can only be used once per service member for the same illness or injury, employees also would be eligible to use...more

Troops Sacked By Don’t Ask, Don’t Tell Get Separation Pay

by Aaron Kase | Lawyers.com on 1/18/2013

Former service members who were honorably discharged from the military under the “Don’t Ask, Don’t Tell” policy are now eligible for full separation pay, thanks to a recent court settlement. The American Civil Liberties...more

Labor and Employment Observer 2012/2013

by David Barron, Jessica Corbett, Keenya Harrold, Kimya Johnson, Emily Miller, Olufeyikemi Obafemi, Jeffrey Pasek, Carrie Rosen, Michael Schmidt, Marcy Stras, George Voegele | Cozen O'Connor on 1/1/2013

In This Issue: - Message from the Chair - A Second Obama Administration’s Impact on Labor and Employment Issues - Will There be Comprehensive Immigration Legislation After the 2012 Presidential...more

Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and...

by George R. Wood | Littler on 12/12/2012

In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act...more

Employers of Veterans Have Until October 31, 2012 to File VETS-100 and VETS-100A Reports; Filing Deadline for EEO-1 Report Remains...

by XpertHR - Partnered with LexisNexis on 9/28/2012

Federal contractors that employ veterans have until October 31, 2012 to file the VETS-100 or VETS-100A report, thanks to a recent extension provided by the Veteran's Employment and Training Service (VETS) of the US Department...more