News & Analysis as of

Employee Rights Family and Medical Leave Act (FMLA) Employer Liability Issues

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 -
Littler

Untangling the Oregon Leave Quagmire – Answers to Common Compliance Questions in Light of Recent Legislative Changes

Littler on

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be...more

Holland & Hart - Employers' Lawyers

The Pregnant Workers Fairness Act aka the EEOC’s New Baby

The Pregnant Workers Fairness Act (PWFA), the newest member of the family of federal anti-discrimination laws, is almost one year old! Instead of inviting employers over for cake and photo ops, after one year of accepting...more

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

Mintz - Employment Viewpoints

NYC “Know Your Rights” Poster and Bill of Rights Website Now Live

The New York City Department of Consumer and Worker Protection (DCWP) officially debuted its new “Know Your Rights at Work” poster and Workers’ Bill of Rights website.  The poster, which links to the DCWP website via a QR...more

Lerch, Early & Brewer

Maryland Law Provides Protected Organ and Bone Marrow Donation Leave – Do Your Policies to Comply?

Lerch, Early & Brewer on

Effective October 1, 2019, employers with 15 or more employees in Maryland must provide eligible employees with unpaid leave to serve as organ or bone marrow donors. Leave provided under the law is separate from, and cannot...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

FordHarrison

A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

FordHarrison on

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more

Spilman Thomas & Battle, PLLC

The Pregnant Workers Fairness Act Changes the Game for Expectant Mothers in the Workplace

This past year has brought with it expanded employment protections for new and expectant working mothers. These protections, in the form of two federal laws, alter the landscape for how employers can consider the needs of...more

Spilman Thomas & Battle, PLLC

Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools

On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) went into effect. This new law requires covered employers to provide “reasonable accommodations” for the known limitations of a worker relating to pregnancy,...more

FordHarrison

What Tiger Woods’ Foot Can Teach Employers About Managing Employees’ Medical Conditions

FordHarrison on

Golfing icon Tiger Woods had to withdraw from the Masters tournament in Augusta, Georgia, last week due to a painful foot condition called plantar fasciitis (which causes a stabbing pain in the heel or foot).  Video footage...more

Bradley Arant Boult Cummings LLP

Review and Revise: Prepare for PWFA’s June 27 Effective Date

You may recall that the Pregnant Works Fairness Act (PWFA) is modeled after the Americans with Disabilities Act and we blogged about the coming changes here. Given that the effective date is June 27, we’re back with an update...more

Pullman & Comley - Labor, Employment and...

Reduce Your Risk of Employment Claims in 2023 - Tips #3 and #4

This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more

Venable LLP

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

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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

Littler

An Employer’s Guide to New York State’s New Lawful Absence Law

Littler on

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees...more

CDF Labor Law LLP

What, if Any, Steps Should California Employers be Taking to Address the Monkeypox Outbreak

CDF Labor Law LLP on

Monkeypox is now a public health emergency. In July, the World Health Organization (WHO) declared Monkeypox an international public health emergency. Last week, Governor Newsom declared a California statewide State of...more

FordHarrison

FMLA and a Winning First Step Towards Addressing Mental Health in the Workplace

FordHarrison on

A New Era of Awareness - As the world and its workforce attempts to reconcile the effects of COVID-19, mental health in the workplace has become a hot topic. According to the World Health Organization (WHO), the COVID-19...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

FordHarrison

This is Us: What’s the FMLA Got to Do With It?

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When faced with an employee who needs to take time off work to care for a family member with a serious health condition, employers should know that the Family and Medical Leave Act (“FMLA”) provides certain job protections....more

Bradley Arant Boult Cummings LLP

Leave as a Reasonable Accommodation Continues to Vex Employers

Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more

Akerman LLP - HR Defense

With U.S. Troops Heading to Europe, Employers Should Revisit Military Leave Policies

In the wake of the recent Ukraine invasion, more U.S. troops are being deployed to Europe to support NATO countries. Among these are members of the National Reserve and National Guard, who typically maintain civilian jobs...more

Dentons

Let’s Talk About Grief: Bereavement Policies in the Evolving Workplace

Dentons on

Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more

Polsinelli

D.C. Enacts Paid COVID-19 Vaccine Leave and Extends Public Health Emergency Leave Under DC FMLA

Polsinelli on

On November 18, 2021, District of Columbia Mayor Muriel Bowser signed the “COVID Vaccination Leave Emergency Amendment Act of 2021” (the “Act”). The Act applies to nearly all private employers with employees in the District....more

Lowndes

Weathering an Employer’s Duties During the Storm

Lowndes on

Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to threaten the U.S....more

FordHarrison

Naomi Osaka Shines Further Light on Mental Health Issues in the Workplace

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Tennis star Naomi Osaka is not the first high-profile professional athlete to put mental health front and center in the public realm, but considering the timing and today’s climate, she may become the most significant.  ...more

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