News & Analysis as of

Family and Medical Leave Act (FMLA) Hiring & Firing

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

FordHarrison

[Webinar] Storm-Ready Workforce: Best Practices for Employers to Manage Employees Before, During, and After a Natural Disaster -...

FordHarrison on

Hurricane season is here, bringing with it the potential for severe weather that can cause widespread damage, impacting entire communities. Natural disasters may be unpredictable - but your response doesn't have to be....more

Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second...more

Littler

Littler Lightbulb: July Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

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An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more

Epstein Becker & Green

Eleventh Circuit Ruling on Causation Standard a Win for Employers

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The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

Constangy, Brooks, Smith & Prophete, LLP

Want to fire your employee for FMLA fraud?

Don't shoot from the hip. Let's say you have an employee who is in Week Six of "employee's own serious health condition" leave under the Family and Medical Leave Act. Her co-worker comes to you and tells you that the...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Fisher Phillips

Court Decision Raises FMLA Retaliation Standard: 3 Ways You Can Avoid Violations When Employees Request Leave

Fisher Phillips on

A federal appeals court recently raised the bar for employees who want to bring retaliation claims after they request Family and Medical Leave Act leave – but this doesn’t mean that employers should let their guard down....more

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2024?

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FP Weekly often provides readers with a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Lowndes

Weathering an Employer's Duties During the Storm - August 2023

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Florida’s tax-free holiday for “disaster preparedness” started just days ago, and residents are quickly taking advantage of the opportunity to shop for supplies in advance of Hurricane Idalia. Employers should also be...more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

Dickinson Wright on

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

Amundsen Davis LLC

[Webinar] Ninth Annual Labor & Employment Fall Seminar - September 13th, 12:00 pm - 4:00 pm CT

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Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

McDermott Will & Emery on

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Smith Gambrell Russell

[Event] Workplace 2023: Navigating HR - May 25th, Atlanta, GA

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Join SGR’s Labor & Employment group for the latest on navigating Human Resources in 2023. Topics Include: - Health & Welfare - Immigration - OSHA - ADA & FMLA - Non-Compete Agreements - New Legislation - Wage...more

Smith Gambrell Russell

[Event] Workplace 2023: Navigating HR - May 23rd, Jacksonville, FL

Smith Gambrell Russell on

Join SGR’s Labor & Employment group for the latest on navigating Human Resources in 2023. Topics Include: - Health & Welfare - Immigration - OSHA - ADA & FMLA - Non-Compete Agreements - New Legislation - Wage...more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

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