Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise DBE Program
Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications
Hospice Audit Series | Painting the Picture: How to Advocate for Clinical Hospice Eligibility in the Audit Appeal Process
The OIG's Impending Review of Nationwide Hospice Eligibility Demands a Robust Response From Hospices
Credit Eco to Go Podcast: The XYZ’s of the PPP
Sidebars Podcast | Mary Hannon: Shining the Light on the Wide Gender Gap in the Patent Bar
Applying for PPP Loan Before March 31st Deadline
Medicaid Minute: Three Steps To Hire Relatives and Not Hurt Your Medicaid Eligibility
Paycheck Protection Program – Common Questions and Updated Guidance
Updates to Paid Leave Requirements Under FFCRA
Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters
Three Timely Benefits Items Everyone Should Know
Law Brief: CARES Act Relief for Small Businesses
Understanding and Avoiding Affiliation Under Small Business Contracting Programs
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 1
Podcast: Non-binding Guidance: Expedited Review Programs for Drugs and Biologics
Not surprisingly, simple solutions to complex issues are often elusive. Yet on rare occasions, the solution is in plain sight. Doubtful? For employers struggling with the issue of a remote employee’s eligibility for...more
A common error in both FMLA policies and communications to employees seeking FMLA leave involves misuse of the word “eligibility” (or “eligible”) when in fact the intention is to refer to “entitlement” or vice versa. Using...more
Downs Rachlin Martin labor and employment attorney Beth Rattigan goes over updates to paid leave requirements under the Families First Coronavirus Response Act. FFCRA revisions and clarifications include: who is eligible,...more
As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more
A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First...more
On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA), which provided up to two weeks of paid sick leave and an additional 10 weeks of paid family and medical leave to certain eligible...more
While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims....more
Navigating the intricacies of the Family and Medical Leave Act can be daunting. Who is an eligible employee and an eligible employer? How long does FMLA leave last? What does intermittent FMLA mean? How can you take steps to...more
Why it matters - A Family and Medical Leave Act (FMLA) claim may be triggered where an employer promised coverage before eligibility under the statute took effect, according to a new decision from a Wisconsin federal...more
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
In certain circumstances, an employee may begin a leave of absence prior to being eligible to take leave pursuant to the Family and Medical Leave Act (“FMLA”). ...more
Every once in awhile, my posts must return to the nuts and bolts of FMLA, and this is one of ‘dem ‘dere posts. After all, I can’t always cover scintillating topics such as Beyonce concerts, bullies who abuse FMLA leave and...more
The New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”). The final regulations are effectively immediately....more
The Family and Medical Leave Act only provides job protected leave rights to eligible employees. Among other eligibility criteria, an employee claiming entitlement to FMLA leave must work at a location with a minimum of 50...more
Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four...more
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
For lawyers, anytime there’s a change, it seems to be a big deal. But for employers, change is inevitable and part of business. Indeed, if a new poster is required by employers, most employers simply shrug and order a new...more
As of March 8, 2013, employers with 50 or more employees are required to post the Department of Labor’s (DOL) new Family and Medical Leave Act (FMLA) notice poster incorporating the recently issued final regulations, which...more
Originally published in The Journal of South Mississippi Business • December 2012. Nearing the end of a year lends itself to consideration of what is left to do and what might be coming up in the new year. In terms of...more
It is no secret that the holiday season can be stressful for many people. Depression and similar problems spike at this time of year and can increase the need for FMLA. This can sometimes be complex to assess over a holiday...more
The FMLA just got a whole lot broader. In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee's right to take FMLA leave to care for her mother during a recreational trip to...more
Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy. Natural disasters like Sandy raise a host...more
Donnelly v. Greenburgh Central School Dist. No. 7, No. 11-cv-2448 (2d Cir., Aug. 10, 2012): The plaintiff, a former high school teacher, claimed that the defendants had unlawfully denied him tenure in retaliation for his...more
In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and...more
The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to...more