The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more
When we talk with employers about employees taking Family and Medical Leave Act leave, we sometimes get questions about the impact of the employee’s absence on the business. We in turn explain that the FMLA is an entitlement,...more
The statute of limitations for bringing claims under the Family and Medical Leave Act is two years from the last alleged illegal act. However, this period is increased to three years in the event of a willful FMLA violation...more
COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more
Of all the questions we receive from employers, those involving suspected abuse of intermittent family and medical leave remain among the most frustrating and difficult to address. While only a minority of employees on...more
Job-protected leave continues to be the most common accommodation requested by employees under the Americans with Disabilities Act. For employers, the question remains at what point does the amount of work missed end the...more
Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more
Can an employer’s perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The Ninth Circuit Court of Appeals recently held that a jury should...more
An employee’s 12 weeks of FMLA leave has exhausted, and over the past several weeks, he’s provided you a series of vague doctor’s notes typically containing nothing more than a one-liner extending his medical leave of absence...more
Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...more
Employees approved for unscheduled intermittent Family and Medical Leave (FMLA) can drive their employers crazy. While most such employees use the leave responsibly for true medical conditions, employers sometimes notice a...more
Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more