News & Analysis as of

Department of Labor (DOL) Family and Medical Leave Act (FMLA)

CDF Labor Law LLP

DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements

CDF Labor Law LLP on

Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...more

Steptoe & Johnson PLLC

The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance

Steptoe & Johnson PLLC on

Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...more

Offit Kurman

Weddings, Honeymoons, and Milestones: Employer Guidance for Time Off Requests

Offit Kurman on

For HR leaders and business owners alike, the question is not whether employees will request time off for major life events, but when and how your organization will respond. Weddings, honeymoons, and personal milestones do...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA brain teaser!

Try wrapping your head around this one. All of you experts on the Family and Medical Leave Act, gather 'round! The following is from a real lawsuit that was filed Wednesday in federal court in Indianapolis. The plaintiff...more

Jackson Lewis P.C.

Delays Ahead: Maryland DOL Proposes Pushing Back FAMLI Program Implementation by 18 Months

Jackson Lewis P.C. on

The Maryland Department of Labor (MDOL) has proposed a delay in the implementation of the Family and Medical Leave Insurance (FAMLI) program in response to recent federal actions. The paid family and medical leave insurance...more

McAfee & Taft

Employer do’s and don’ts for applying accrued PTO to FMLA leave

McAfee & Taft on

The Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take up to 12 weeks of unpaid, protected leave during a 12-month period for absences resulting from covered family or medical...more

BakerHostetler

DOL Advises that Employers Cannot Require Use of PTO when Employees Are on FMLA Leave and Receiving Paid Statutory Benefits

BakerHostetler on

On Jan. 14, just days before the change in administration, the U.S. Department of Labor (DOL) issued an opinion letter regarding the Family and Medical Leave Act (FMLA) substitution rule, clarifying that employers cannot...more

Davis Wright Tremaine LLP

Critical Compliance Note for Employers in States With Paid Family or Medical Leave

As we know, employers covered by the Federal Family Leave Act ("FMLA") must provide their qualifying employees unpaid protected FMLA leave. In many instances, employers require employees taking FMLA leave to use accrued and...more

Mintz - Employment Viewpoints

DOL Issues Opinion Letter Clarifying Intersection of FMLA and State or Local Paid Family and Medical Leave Benefits

Shortly before the Trump Administration started, the U.S. Department of Labor (DOL) issued an opinion letter clarifying the “substitution” provision under the federal Family and Medical Leave Act (FMLA) when it intersects...more

Herbert Smith Freehills Kramer

DOL: Employers Cannot Mandate Use of PTO Concurrently With FMLA Leave When Employee Is Receiving Pay From a State or Local Family...

On Jan. 14, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers may not require, and employees may not unilaterally elect, to use accrued employer-provided...more

Vedder Price

DOL Clarifies that Leave Taken Under State Paid Family Leave Programs May Run Concurrently with FMLA Leave

Vedder Price on

On January 14, 2025, the U.S. Department of Labor (DOL) issued an opinion letter (FMLA2025-01-A) clarifying when an employer may count an employee’s leave taken under a state paid family leave program against that employee’s...more

Jackson Lewis P.C.

The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs

Jackson Lewis P.C. on

Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these often-overlapping laws creates numerous issues including how to handle time...more

ArentFox Schiff

Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave

ArentFox Schiff on

On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides...more

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

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

Bowditch & Dewey

Recent Shifts in Wage and Hour Law – Paid Time Off During FMLA Leave and Exempt Employee Status Challenges

Bowditch & Dewey on

January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

Amundsen Davis LLC on

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...more

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

Maryland’s FAMLI Program, Part I: An Overview of The Law

In 2022, the Maryland General Assembly overrode Governor Larry Hogan’s veto to enact the law that created the Family and Medical Leave Insurance (FAMLI) program. ...more

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

DOL Clarifies That FMLA Paid Leave Substitution Rules Apply When Employees Receive State or Local Paid Leave Benefits

As more states implement paid family leave programs, employers increasingly are faced with questions about how these state programs interact with Family Medical Leave Act of 1993 (FMLA) regulations. A recent opinion letter...more

Littler

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

Littler on

On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s 10 must-read articles of 2024

As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

Steptoe & Johnson PLLC on

On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

Spilman Thomas & Battle, PLLC

Top Five: The Biggest Labor & Employment Developments from 2024

As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 4, December 2024

Happy Holidays and welcome to our year-end issue of SuperVision. In this edition, we are pleased to bring you the “Top Five” biggest labor and employment issues that will impact employers for the coming year along with...more

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

DOL’s Wage and Hour Division Weighs in on FMLA Use for Clinical Trials

In an opinion letter dated November 8, 2024, the Wage and Hour Division of the U.S. Department of Labor (DOL) responded to a question posed by an organization dedicated to finding a cure for specific diseases. ...more

867 Results
 / 
View per page
Page: of 35

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide