News & Analysis as of September 19, 2024

Family and Medical Leave Act (FMLA)

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

California Employment Law Notes - July 2024

Proskauer Rose LLP on 8/1/2024

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

New York Governor Zeroes in on Employee Leave and Benefits, Wage Payment Violations, and More in Proposed FY25 Executive Budget

Proskauer - Law and the Workplace on 1/26/2024

On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more

New York Budget Bill: COVID Leave Ending, Other Leaves Coming?

Harris Beach PLLC on 1/26/2024

New York’s proposed budget bill points toward significant changes in employee leave rights in the coming year. Repeal of NY COVID Paid Sick Leave Law - New York – the last state in the country still requiring all...more

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

Bradley Arant Boult Cummings LLP on 12/29/2023

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on 11/28/2023

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Intermittent Extended Leave for Stress and Anxiety Raises Difficult Issues for Employers

Parker Poe Adams & Bernstein LLP on 9/15/2023

During the COVID-19 pandemic, we started receiving an increasing number of questions from employers relating to employees seeking accommodations or leave for stress and anxiety-related mental health issues. In several of...more

Hot Workforce Topics in 2023: Remote Work and Pro-Employee Movements

McGlinchey Stafford on 8/29/2023

The year 2023 represents a time of shifting attitudes toward the workplace and workforce, with the effects of the COVID-19 pandemic continuing to wax and wane, pro-employee movements taking place in high-profile industries,...more

EEOC Provides “Capstone” COVID-19 Guidance for Employers

Ballard Spahr LLP on 6/6/2023

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more

COVID-19 and the Workplace: Where Do We Stand?

Proskauer - Law and the Workplace on 5/9/2023

As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal...more

DOL Issues Guidance Explaining the Application of FLSA, FMLA to Remote Employees

Miles & Stockbridge P.C. on 4/13/2023

The COVID-19 pandemic spurred countless businesses to transition to a remote workforce. Today, despite the public health emergency ending May 11, many of those workforces remain fully or partially remote....more

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

Venable LLP on 2/23/2023

Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

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

Constangy, Brooks, Smith & Prophete, LLP on 2/3/2023

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

2023 Labor & Employment Law Update for California Employers

Allen Matkins on 12/13/2022

2022 was again a busy year for the California Legislature's enactment of new laws affecting California employers in 2023. Below you will find our annual Employment Law Update. CALIFORNIA EXPANDS EMPLOYER PAY SCALE DISCLOSURE...more

New York Law to Clarify Employees Can’t be Punished for Lawful Absences

Harris Beach PLLC on 12/2/2022

Private-sector employers with “no-fault” attendance policies in New York will need to revisit their policies following an impending change to New York Labor Law. On November 21, 2022, New York Governor Kathy Hochul...more

“No-Fault” Attendance Policies Now Unlawful in New York: What Should Employers Do?

Foley & Lardner LLP on 11/29/2022

Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...more

New York Employers Cannot Retaliate Against Employees for Lawful Absences

Fox Rothschild LLP on 11/29/2022

Starting February 19, 2023, New York employers will be prohibited from retaliating against employees who take lawful absences pursuant to federal, state or local law. Employers are advised to review their leave of absence...more

Local and State Employment Law Update: COVID-19 and Employee Rights

Amundsen Davis LLC on 8/25/2022

Check out some of the most recent state law updates on COVID-19, employee rights, minimum wage and paid leave. CALIFORNIA- The Division of Occupational Safety and Health (a/k/a Cal/OSHA) has updated its COVID-19 Emergency...more

How Should Employers Respond to the Monkeypox Outbreak?

Parker Poe Adams & Bernstein LLP on 8/12/2022

Earlier this month, the Biden administration declared a national health emergency based on the spread of the monkeypox virus. Employers that have endured the COVID-19 emergency may be asking whether there are any steps...more

Here We Go Again: Considerations for Employers in Addressing Monkeypox in the Workplace (Updated)

K&L Gates LLP on 8/8/2022

This article has been updated since its original release date of 28 July 2022. As the world continues to struggle with the ongoing COVID-19 pandemic, another infectious disease is raising alarm bells on the global stage. On...more

How Does the FMLA Apply to a Remote Workforce?

McDermott Will & Emery on 8/5/2022

The Family and Medical Leave Act (FMLA) was enacted in 1993, a year when the idea of working a corporate job from a living room was rare. When the law was passed, the FMLA didn’t contemplate a remote workforce. Now, and...more

Here We Go Again: Considerations for Employers in Addressing Monkeypox in the Workplace

K&L Gates LLP on 8/1/2022

As the world continues to struggle with the ongoing COVID-19 pandemic, another infectious disease is raising alarm bells on the global stage. On 23 July 2022, the World Health Organization (WHO) declared monkeypox a “public...more

Practical Advice from Employment Litigators in the Trenches

Fox Rothschild LLP on 7/28/2022

Last week, my colleagues and I presented a webinar entitled “Employer Update: Practical Advice from Employment Litigators in the Trenches”. In this second episode of our summer webinar series, we provided practical guidance...more

DOL Provides Guidance on FMLA Leave for Mental Health Conditions

Steptoe & Johnson PLLC on 7/11/2022

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions such as heart attacks or surgeries. But more nuanced is the application...more

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on 6/23/2022

Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more

#WorkforceWednesday: Federal Focus on Mental Health, FTC and Noncompetes, Gig Work Risks for Hospitals - Employment Law This Week®

Epstein Becker & Green on 6/15/2022

This week, we take a look at the federal government’s recently announced focus on mental health. Renewed Federal Focus on Mental Health in the Workplace (see video attached) To coincide with Mental Health Awareness Month...more

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