On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more
The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more
The Seventh Circuit Court of Appeals recently held that the Family and Medical Leave Act (FMLA) does not require actual denial of FMLA leave to find liability based on interference with FMLA rights. FMLA’s Section...more
The Seventh Circuit Court of Appeals recently affirmed summary judgment on behalf of an employer that was sued in an interference claim under the Family and Medical Leave Act (FMLA). In the case, Hickey v. Protective Life...more
In some situations, employees taking Family and Medical Leave were on shaky grounds with regard to their continuing employment prior to the absence. The employer then moves to terminate the employee either while he remains on...more
To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that his or her employer denied benefits to which the employee was entitled under the FMLA. For example, an employee might...more