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 -
Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities...more

Verrill

Identifying Plan Assets in ERISA Health & Welfare Plans

Verrill on

Last month, we advised readers of this blog to consider efforts to formalize the fiduciary governance of their health and welfare benefit plans. In that post, we described some of the reasons that employers have historically...more

Foley & Lardner LLP

Massachusetts Paid Family and Medical Leave: Answers and Insights for Employers

Foley & Lardner LLP on

For more than three months now, qualifying Massachusetts employees have been eligible for medical and family leave benefits under the Massachusetts Paid Family and Medical Leave (PFML) Act. As employers build out their PFML...more

Crowe & Dunlevy

Voluntary FFCRA Leaves Extended and Expanded

Crowe & Dunlevy on

With the end of 2020 came the end of mandated leaves under the Families First Coronavirus Response Act (FFCRA). The end of the mandates, though, did not mean the end of the FFCRA....more

Foley & Lardner LLP

Key Employment Issues Facing Employers in the Automotive Industry

Foley & Lardner LLP on

Automotive companies faced unprecedented challenges in 2020. In the coming year, these challenges will continue as companies navigate the continuing COVID-19 pandemic, related leave/quarantine issues and new challenges...more

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

Federal District Court Highlights the Risk of Inaccurate and Inconsistent Communications Regarding Leaves of Absence

In Knaup v. Molina Healthcare of Ohio, Inc., (No. 2:19-cv-166) the United States District Court for the Southern District of Ohio addressed whether an employee had received an extension of time for submitting medical...more

Proskauer - California Employment Law

California Employment Law Notes - March 2021

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

Pierce Atwood LLP

COVID-19: Congress Extends FFCRA Payroll Tax Credit through September, With Some New Wrinkles

Pierce Atwood LLP on

The latest COVID-19 relief law, the American Rescue Plan Act of 2021 (ARPA), extends the payroll tax credit for emergency paid sick leave and expanded Family Medical Leave Act (FMLA) leave first enacted by the Families First...more

Dentons Davis Brown

Mental Health in the Construction Industry

Dentons Davis Brown on

With high rates of fatal and non-fatal injuries, the construction industry is one of the most hazardous, but many do not realize that the safety and health concerns go beyond job site accidents. People in the...more

Arent Fox

FFCRA and Unemployment Changes Under the American Rescue Plan

Arent Fox on

The American Rescue Plan of 2021 (the Rescue Plan) is a massive $1.9 trillion COVID-19 pandemic relief package that contains some key employment-related provisions. The Rescue Plan provides additional benefits to...more

Epstein Becker & Green

Update: Colorado Issues Clarifying Rules on Public Health Emergency Paid Sick Leave

Epstein Becker & Green on

As we previously reported, Colorado’s latest paid sick leave law, the “Healthy Families and Workplaces Act” (“Act”), was signed by Governor Jared Polis on July 14, 2020, requiring employers in the state to provide paid sick...more

Eversheds Sutherland (US) LLP

American Rescue Plan saves employers from two months without legislation

On March 11, 2021, President Biden signed the American Rescue Plan Act (the Act), which includes some notable changes and relief for employers and employee benefit plans. The Act expands the section 162(m) deduction...more

Buckingham, Doolittle & Burroughs, LLC

American Rescue Plan Act of 2021

Congress passed the American Rescue Plan Act of 2021 (“Rescue Plan”) on March 10, 2021 and President Biden signed it into law on March 11, 2021. The Rescue Plan extends the Families First Act Coronavirus Response Act’s...more

Rumberger | Kirk

Biden Expected to Approve American Rescue Plan Act Within Next 72 Hours

Rumberger | Kirk on

President Biden is expected to sign the American Rescue Plan Act of 2021 (“ARPA”) by March 14, 2021. The new law was proposed in response to the coronavirus pandemic and is intended to be another stimulus bill aimed at the...more

Foley & Lardner LLP

Top Legal Issues Facing the Automotive Industry in 2021

Foley & Lardner LLP on

One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues. Foley’s...more

Murtha Cullina

Reminder: First Quarterly Payment Due on March 31, 2021 Under CT Paid Family and Medical Leave

Murtha Cullina on

Beginning on January 1, 2022, paid leave benefits under the Connecticut Paid Leave program (CPL) will be available for certain qualifying events under the federal Family and Medical Leave Act (FMLA), the Connecticut Family...more

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

‘No Harm, No Foul,’ Says the Seventh Circuit in an FMLA Interference Case

The Seventh Circuit Court of Appeals recently affirmed summary judgment on behalf of an employer that was sued in an interference claim under the Family and Medical Leave Act (FMLA). In the case, Hickey v. Protective Life...more

Bradley Arant Boult Cummings LLP

The Doctor Will See You Now: FMLA and Telehealth Visits

As you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least linger for a while longer). One widespread change is the increased use of videoconferencing. In early...more

Dentons Davis Brown

Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period

Dentons Davis Brown on

Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more

Fox Rothschild LLP

Be Careful When Submitting FLSA Settlement Documents To The Court: Confidentiality And General Release Clauses Are Taboo!

Fox Rothschild LLP on

I have settled numerous FLSA cases and note that there are many elements that management-side lawyers always want to see in such a document. One is a confidentiality provision as we do not want the employee “shooting his...more

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

Company E-Sports Leagues Present New Twist on Traditional Employment Law Issues

A growing trend among employers that are turning to new and updated methods of fostering employee collegiality and team bonding involves e-sports leagues. Similar to the traditional company softball team, e-sports leagues...more

Laner Muchin, Ltd.

Seventh Circuit Affirms that Multi-Month Leave of Absence Is Not Reasonable Accommodation Under ADA

Laner Muchin, Ltd. on

In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Mintz - Employment, Labor & Benefits...

Getting Back to Basics: Intermittent FMLA Leave

In concept, the FMLA is simple. In practice, however, administering FMLA leave, particularly on an intermittent basis can quickly become complicated, and many employers struggle trying to track and manage intermittent...more

Burr & Forman

Labor & Employment Client Checklist 2021

Burr & Forman on

Transitioning into a new year can be overwhelming and hectic, especially in the middle of a pandemic. Burr & Forman’s Labor & Employment Practice Group provides this brief checklist of steps that all businesses should review...more

Jackson Lewis P.C.

Understanding CFRA: How CFRA Works For Pregnant Employees

Jackson Lewis P.C. on

On January 1, 2021, the California Family Rights Act (CFRA) expanded in several ways, including that small employers (those with 5 or more employees) must now provide up to 12 workweeks of CFRA leave within a 12-month period...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
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  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.