News & Analysis as of

Anti-Retaliation Provisions Employer Liability Issues Family and Medical Leave Act (FMLA)

Winthrop & Weinstine, P.A.

Minnesota’s New Paid Family and Medical Leave Law

On May 25, 2023, Gov. Tim Walz signed new legislation establishing Minnesota’s state-run family and medical leave program (the “Paid Leave Program”), and guaranteeing almost all Minnesota employees the right to paid family...more

Holland & Hart - Employers' Lawyers

The Pregnant Workers Fairness Act aka the EEOC’s New Baby

The Pregnant Workers Fairness Act (PWFA), the newest member of the family of federal anti-discrimination laws, is almost one year old! Instead of inviting employers over for cake and photo ops, after one year of accepting...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Benesch

New York State Explicitly Limits Bounds of “No Fault” or Points-Based Attendance Policies

Benesch on

On November 21, 2022, New York Governor Kathy Hochul signed into law a new measure that explicitly prevents employers from penalizing workers for lawful absences. The new law amends Section 215 of New York Labor Law...more

Poyner Spruill LLP

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

Poyner Spruill LLP on

The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

Parker Poe Adams & Bernstein LLP

Discouraging FMLA Leave Violates the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide eligible employees with 12 weeks of unpaid, job-protected leave in a 12-month period. There are very specific eligibility and...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Jackson Walker

Avoiding Retaliation Claims Under the Family Medical Leave Act

Jackson Walker on

In addition to requiring employers to accommodate employees requesting covered family or medical leaves, the federal Family Medical Leave Act (FMLA) prohibits retaliating against an employee for exercising FMLA rights. The...more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

Husch Blackwell LLP

U.S. House Passes Emergency Families First Coronavirus Response Act

Husch Blackwell LLP on

On March 14, 2020, the U.S. House of Representatives passed the Emergency Families First Coronavirus Response Act (H.R. 6201). The Senate is expected to review and vote on the measure as early as Monday, March 16, 2020. The...more

Jackson Walker

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

BCLP

Does An Employer Have FMLA Obligations Even Before An Employee Satisfies the Eligibility Requirements For Taking FMLA Leave?

BCLP on

In a word: Yes. In fact, there are many. The most notable obligation under the Family and Medical Leave Act – the obligation to provide protected leave for a qualifying reason – does not apply until the employee has become...more

Bowditch & Dewey

Paid Family and Medical Leave Comes to Massachusetts

Bowditch & Dewey on

Massachusetts enacted legislation this past summer (Acts 2018, c. 121, the “Act”) creating its first state-administered Paid Family and Medical Leave Program (the “Program”). Employers of all sizes are required to participate...more

Bowditch & Dewey

Paid Family and Medical Leave Comes to Massachusetts

Bowditch & Dewey on

Adding the Commonwealth to the small-but-expanding list of states providing employees with paid leave benefits, Massachusetts enacted legislation this past summer (Acts 2018, ch. 121, the “Act”) to create a new...more

Nilan Johnson Lewis PA

Top Ten Laws Affecting California Employers in 2018

Nilan Johnson Lewis PA on

The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications,...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Mintz - Employment, Labor & Benefits...

Employment Law Summer Recap 2014: Part 2 of 11 – What do the Ice Bucket Challenge and FMLA-Related Lawsuits Have in Common?

$113.6 million and counting – that’s the total amount donated to the ALS Association since July 29 as a result of the Ice Bucket Challenge. Just to put that fundraising number into perspective, the Association raised around...more

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