News & Analysis as of

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

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Epstein Becker & Green

Understanding the DOL’s Field Assistance Bulletin No. 2024-1: AI and Automated Systems in the Workplace

Epstein Becker & Green on

In response to President Biden’s Executive Order 14110 calling for a coordinated U.S. government approach to ensuring the responsible and safe development and use of AI, the U.S. Department of Labor Wage and Hour Division...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Miles & Stockbridge P.C.

New DOL, EEOC Posters Available for Employers

As we noted on the blog in February and discussed during our annual Hot Topics in Employment Law Seminar on April 25, the Pregnant Workers Fairness Act (“PWFA”), which will require employers subject to Title VII to provide...more

Parker Poe Adams & Bernstein LLP

Should Employers Use FMLA Medical Certification Forms for Non-FMLA Eligible Employees?

​​​​​​​In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed...more

FordHarrison

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

FordHarrison on

Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain...more

Nelson Mullins Riley & Scarborough LLP

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more

Rumberger | Kirk

To Avoid FLSA Retaliation, Don’t Miss the Oral Complaints

Rumberger | Kirk on

The Department of Labor (DOL) recently reminded field investigators to be on the lookout for retaliation against employees that are seeking to enforce their rights under the Fair Labor Standards Act (FLSA). On March 10,...more

Bowditch & Dewey

U.S. Department of Labor Releases Guidance on Protecting Workers From Retaliation

Bowditch & Dewey on

The U.S. Department of Labor (DOL) recently released guidance addressing retaliation against employees who assert workplace rights under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), as well as...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Franczek P.C.

USDOL Gets Tech-Savvy in Approving Electronic Notice Posting and FMLA-Qualifying Telemedicine Visits

Franczek P.C. on

The U.S. Department of Labor’s (DOL) Wage and Hour Division was hard at work in the closing days of 2020, endorsing the use of electronic posting of required notices and telemedicine visits under the Family and Medical Leave...more

Cole Schotz

Readying For The Return: US Department Of Labor Issues New FAQs Related To The FFCRA And Return To School Issues

Cole Schotz on

As we have recently posted on numerous occasions, the federal Families First Coronavirus Response Act (“FFCRA”) requires most employers with fewer than 500 workers to provide paid time off for specified reasons related to...more

Fisher Phillips

How To Balance School Re-Openings And COVID-19 Workplace Leave: FAQs For Employers

Fisher Phillips on

As the summer draws to a close, schools are announcing their re-opening plans, which vary widely across states and localities. Some schools plan to remain open several days a week and direct students to attend remotely the...more

McAfee & Taft

New FMLA forms issued by U.S. Department of Labor

McAfee & Taft on

The Family and Medical Leave Act (FMLA) requires employers to provide employees with notices to employees. These notices are intended to inform employees about their FMLA rights and to make sure the employer and employee...more

DirectEmployers Association

OFCCP Week In Review: July 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Littler

Temporary Worker FFCRA Leave Rights and Joint Employer Challenges

Littler on

The tsunami of new employment laws and regulations in the last two months has challenged employers and human resources professionals, created a host of new employee rights, and caused many bouts of compliance head-scratching....more

Constangy, Brooks, Smith & Prophete, LLP

Your Families First Coronavirus Response Act Questions Answered! (Some Of Them, Anyway)

Yesterday the U.S. Department of Labor published three pieces of guidance on the Families First Coronavirus Response Act provisions relating to expanded leave under the Emergency Family and Medical Leave Expansion Act and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Epstein Becker & Green

DOL Advises: FMLA Leave Should Not Be Delayed, No Exception for Collective Bargaining Agreements

Epstein Becker & Green on

The U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently issued an opinion letter regarding the designation of FMLA leave in the context of employees covered by collective bargaining agreements (“CBA”) with a...more

Ballard Spahr LLP

DOL Seeks to Improve Employers’ FMLA Forms

Ballard Spahr LLP on

The Department of Labor (DOL) published a notice seeking comment on proposed revisions to its Wage and Hour Division’s optional-use forms that employers often use to implement the Family and Medical Leave Act (FMLA)....more

Fisher Phillips

Labor Department Confirms That Certain School Meetings Are FMLA-Protected

Fisher Phillips on

In an eye-opening opinion letter issued yesterday, the U.S. Department of Labor confirmed that parents attending certain school meetings for the benefit of their children are entitled to FMLA leave for their absences. The...more

Verrill

I’m Sick - I Need Leave - But I Don’t Want To Use FMLA Leave

Verrill on

How many times have you heard, as a Human Resources professional, an employee make the statement: “I need leave, but I don’t want to use my FMLA leave”? In many cases, our initial response is to educate the employee and help...more

Jackson Lewis P.C.

What Am I Doing Wrong?? Common FMLA Mistakes

Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. Up until now, the most common mistakes were addressed in this blog. Now that we have hit the twentieth...more

FordHarrison

New FMLA Forms Available from Department of Labor

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The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. ...more

Burr & Forman

Department of Labor Clarifies Position on No-Fault Attendance Policies Under the Family Medical Leave Act

Burr & Forman on

On August 28, 2018, the Department of Labor’s Wage and Hour Division issued an opinion letter clarifying the permissibility of no-fault attendance policies under the Family and Medical Leave Act (FMLA). Employers frequently...more

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