News & Analysis as of

Family Medical Leave Act

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -

Putting the Compensability Brakes on Frequent Employee Breaks

by Carlton Fields on

Are frequent and short work breaks necessitated by an employee’s serious health condition considered “compensable” time under the Fair Labor Standards Act (FLSA)? Last week, the Department of Labor, Wage and Hour Department...more

Paid FMLA — And Perhaps Big Changes to FMLA — Passes Hurdle

by Shipman & Goodwin LLP on

Yesterday, one of the measures floating around the Connecticut General Assembly regarding Paid Family Medical Leave passed a key committee vote. The bill still has a ways to go. Indeed, as first reported by CT News...more

April Snow Brings Employers Flurry of FLSA Guidance

by Hirschfeld Kraemer LLP on

April is already 17 days old and Washington D.C. is still under threat of snow – but bad weather has brought with it a flurry of action surrounding the Fair Labor Standards Act (“FLSA”). In addition to the United States...more

DOL issues guidance on breaks, travel time, and earnings subject to garnishments

by McAfee & Taft on

For more than 70 years, the U.S. Department of Labor’s Wage and Hour Division provided employers and attorneys with a valuable resource for determining how to comply with the federal laws and regulations the agency enforces....more

Department of Labor Issues Opinion Letters on Compensable Time, Garnishment Limitations

The Wage and Hour Division of the U.S. Department of Labor issued three opinion letters on April 12, 2018, on the topics of compensation for health-related breaks under the Fair Labor Standards Act, compensation for travel...more

EEOC’s Notice Pleading Survives Motion To Dismiss In Failure To Accommodate And Wrongful Termination Suit

by Jackson Lewis P.C. on

A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc....more

DOL Announces Two New Opinion Letters: Tackles Travel Time and Breaks

On April 12, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced three new wage and hour opinion letters. The DOL only recently resumed issuing opinion letters on June 27, 2017, after having...more

DOL Clarifies Rules for FMLA-Related Breaks

In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not compensable—notwithstanding the general...more

DOL Issues Opinion Letter Allowing Employers to Avoid Payment for Excessive 15-Minute FMLA Breaks; Employers Yawn

by Franczek Radelet P.C. on

Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. It was a welcome change as far as...more

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

Employees Are Not Entitled to Compensation for FMLA Covered Breaks

by Franczek Radelet P.C. on

As mentioned previously here last summer, the U.S. Department of Labor’s Wage & Hour Division has brought back the Opinion Letter, the process previously used by attorneys and HR professionals to obtain guidance from the WHD....more

Must An Employer Pay For Frequent FMLA Breaks?

by Jackson Lewis P.C. on

Is it compensable time when an employee takes frequent, 15-minute breaks each hour due to the employee’s serious health condition? Today, the United States Department of Labor (DOL) answered this question in a...more

Employer Refusals to Accommodate Long Term ADA Leave Requests Find Growing Support

by Poyner Spruill LLP on

The Supreme Court declined to hear an appeal of the Seventh Circuit Court of Appeals’ ruling in Severson v. Heartland Woodcraft, Inc., leaving in place dismissal of an employee’s Americans with Disabilities Act (“ADA”)...more

Employers Left in the Dark After U.S. Supreme Court Declines to Issue Ruling on Long Term Leave as a Reasonable Accommodation...

Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with...more

Pennsylvania Federal Court Explores the Contours of the DTSA

by Polsinelli on

Recently, the U.S. District Court for the Eastern District of Pennsylvania determined a former employee did not violate the Defend Trade Secrets Act (“DTSA”) where she disclosed confidential information of her former employer...more

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

Employment Law Letter - Spring 2018

by Shipman & Goodwin LLP on

While most employers are well aware of the statutory risk factors that can complicate a discharge, some recent court decisions underline the importance of considering how a termination could be perceived by an objective third...more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the fourteenth in a series highlighting some of the more common mistakes employers can...more

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee has Spoken (Softly, but...

The March 22, 2018 deadline for the General Assembly’s Labor and Public Employees Committee to approve bills has come and gone. As we expected, the close partisan divide kept the Committee from approving a large number of...more

Supreme Court Passes on ADA Leave Question, For Now

by Hogan Lovells on

We blogged in February about two Seventh Circuit cases pending before the Supreme Court that would have given the Court the opportunity to provide guidance as to whether, and if so to what extent, the ADA requires employers...more

Supreme Court Declines Review Of ADA Leave Obligations

by Jackson Lewis P.C. on

Sometimes the actions a court doesn’t take can have a very big impact. The Supreme Court’s April 2, 2018 decision not to review a recent Seventh Circuit ruling is just one of the cases. In Severson v. Heartland Woodcraft,...more

Your Employee Is Absent More Often Than Indicated on his FMLA Medical Certification. Now What?

by Franczek Radelet P.C. on

A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification....more

Accommodating the Absence of Employees Under the Disability Discrimination Laws

by Cohen & Grigsby, P.C on

Employers continue to be challenged as a matter of routine business management with determining how long an employee is permitted to be absent and remain employed. The challenge is considerable because there is no “bright...more

May Ineligible Employees Claim Rights to FMLA Leave?

The Family and Medical Leave Act does not apply to all employers or even all employees within a covered company. For example, if the employee works at a location with fewer than 50 employees within a 75-mile radius, that...more

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