News & Analysis as of

Retaliation Unpaid Leave

Mintz - Employment Viewpoints

New Year, New Laws: California Employment Law Updates for 2024

California employers need to be prepared for new laws that become effective starting in the new year. Below is a brief overview of those laws (including the collection of diversity for venture capital companies, an amendment...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

Constangy, Brooks, Smith & Prophete, LLP

Request for "FMLA leave" is protected activity, court says

Even if the employee doesn't qualify. Picture this. You ask your boss whether you can take leave under the FMLA. Your boss asks why you want the leave, and you say your cat is sick.* It's your favorite cat. Your boss...more

Saul Ewing LLP

New York Strengthens Retaliation Protections for Workers Taking Lawful Absences

Saul Ewing LLP on

The New York Labor Law has been amended to clarify that workers may not be punished or disciplined for taking legally protected absences. Under Section 215 of the Labor Law, employers are prohibited from retaliating against...more

Sherman & Howard L.L.C.

Colorado Court Denies Unvaccinated Employee’s Request for an Injunction against United Airlines

As anticipation grows for OSHA’s release of a COVID-19 vaccination mandate for larger employers, the United States District Court for the District of Colorado rejected an unvaccinated United Airlines employee’s attempt to...more

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

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more

U.S. Equal Employment Opportunity Commission...

Kindred at Home Sued by EEOC for Disability Discrimination and Retaliation

Home Health Services Provider Placed Employee on Unpaid Leave After She Requested a Limited Period of Telework, Federal Agency Charged - ATLANTA – Gentiva Health Services, Inc. d/b/a Kindred at Home (“Kindred”), a provider...more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Fisher Phillips

Massachusetts Finalizes New Pregnancy Workplace Law: What to Expect When Your Employees Are Expecting

Fisher Phillips on

Massachusetts just joined 21 other states and the District of Columbia by enacting a comprehensive pregnancy workplace law with unanimous support from the legislature, employee advocates, and the Massachusetts business...more

Laner Muchin, Ltd.

Illinois Child Bereavement Law Given Immediate Effect

Laner Muchin, Ltd. on

On July 29, 2016, Illinois enacted the Child Bereavement Leave Act (Act), which took immediate effect. The Act expands leave protections for Illinois employees by providing up to 10 work days of unpaid bereavement leave upon...more

Littler

Illinois Increases Protected Leaves for Employees

Littler on

Just two months after Chicago became the second city in the Midwest to require employers to provide paid sick leave, Illinois has enacted three laws that entitle employees to additional protected leaves.  The Child...more

Proskauer - California Employment Law

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Fisher Phillips

New California Law Expands Retaliation Coverage

Fisher Phillips on

Employees Requesting Accommodation Are Now Protected - On July 16, 2015, Governor Brown signed into law AB 987, amending the California Fair Employment and Housing Act (FEHA) to reflect what many already believed to be...more

Akerman LLP - HR Defense

Can Employer Who Has Granted Employee's FMLA Request Dispute Employee's FMLA Eligibility?

Akerman LLP - HR Defense on

An employee sends an email to her manager requesting FMLA leave to care for her father "while he deals with issues surrounding his terminally ill brother." The supervisor writes back, "Approved," and the employee takes...more

Sherman & Howard L.L.C.

Forced Leave – No Violation

An employer thought one particular employee was obviously unwell. The employer placed her on FMLA leave and required her to get certification of fitness to return to work. The first doctor released her to work. A second...more

Davis Wright Tremaine LLP

New Oregon Employment Laws for 2013-2014

Employers with employees in Oregon are directly affected by several new laws recently passed by the legislature, while a new City of Portland sick leave ordinance also affects many employers with employees working in the City...more

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