News & Analysis as of

California Family Rights Act Interference Claims Proceed

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

Dear Employers: We Have to Stop Sticking It to Pregnant Moms and Expectant Dads

A few employers apparently have made some rather foolish decisions lately when terminating the employment of an expectant parent, and it’s making the rest of us look like we don’t care much for moms and dads or, for that...more

FMLA Leave – Follow Up on Expected Return to Work

An employee who returns to work at the end of FMLA leave may be entitled to reinstatement, even if the employer wasn’t expecting her. In Gienapp v. Harbor Crest, No. 14-1053 (7th Cir., June 24, 2014), the employee requested...more

Supermarket Chain Takes $536,000 Hit for Bungling FMLA Request

A former employee of a Connecticut supermarket chain was recently awarded approximately $536,000 in a wrongful-termination suit filed after he was fired when he took time off for back surgery. A jury found the supermarket...more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

Eleventh Circuit Holds that Terminated Employee Can Waive FMLA Claims Through the Date of a Release

In a victory for common sense, the Eleventh Circuit Court of Appeals recently determined that an employee could not pursue Family and Medical Leave (FMLA) interference and retaliation claims against her former employer...more

Tenth Circuit Rules On "Termination By Committee"

On January 21, a federal appeals court addressed whether an employee terminated by group decision (six managers) can be considered “similarly situated” to employees who were disciplined less severely by a different decisional...more

Don't let medical absences cloud your judgment

In late January, the Tenth Circuit Court of Appeals issued a decision in Smothers v. Solvay Chemicals Inc. (No. 12-8013, 10th Cir. Jan. 22, 2014) that emphasized the importance of conducting a proper investigation and...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Tucson-Area Trucking Company CTI Sued by EEOC For Disability Discrimination

Company Failed to Provide a Reasonable Accommodation to Visually Impaired Employee And Fired Her and Others Because of Their Disabilities, Federal Agency Charges - PHOENIX - CTI, Inc., a Tucson-area regional trucking...more

Volunteer Firefighters Qualify as Employees Under Fair Labor Standards Act and Family Medical Leave Act

A volunteer firefighter alleged his termination violated the Fair Labor Standards Act (“FLSA”) and the Family Medical Leave Act (“FMLA”). The United States Court of Appeals for the Sixth Circuit reversed the district court’s...more

Another Pro-Employee Fifth Circuit Decision: Employee’s FMLA Claim Survives Summary Judgment

In another pro-employee decision, like its ruling in the Feist case that I analyzed last week, the Fifth Circuit overturned another district court’s grant of summary judgment that dismissed the plaintiff-employee’s FMLA...more

What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

When is a House Not a Home?

A woman takes a day off work to drive her significant other to a doctor’s appointment after he complains of having heart issues. ...more

Employee Fired For Absences Exceeding His Certification Can Raise A Viable FMLA Claim

Have you ever made a rash decision that you wish you could take back the second you made it? ...more

Failure To Provide Additional Leave As ADA Accommodation Could Prove Costly To Employers

For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more

Leave-of-Absence Issues Managers Need to Know

In many organizations, the human resources function is handled by specialists who guide managers' decision-making to ensure consistency with myriad employment laws. It is not uncommon, however, for HR professionals to get...more

Wild Bear Attacks Employer

We have all heard the stories of the mother bear that attacks when humans wander too close to her cubs. Do humans behave any differently? According to Business Management Daily, nine out of ten employees who are terminated...more

To Terminate or Not to Terminate. . . That is the Question

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

Court Rules That Third Party Administrators Can Be Held Liable For FMLA-Related Violations

Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more

Fenwick Employment Brief - March 2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

Employer Lawfully Fires Soon-to-be-Covered Employee Who Gives Notice of Need for Upcoming FMLA Leave

Timing is everything. If an employee has not yet been employed for the 12 months required by law in order to be eligible for Family & Medical Leave Act leave, is the employee protected from discharge for expressing her...more

Primer on West Virginia State Law Labor and Employment Claims

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

Fenwick Employment Brief - February 2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

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