Eleventh Circuit Court of Appeals Backs Employer’s Denial of FMLA Leave
#WorkforceWednesday: Pregnant Workers Fairness Act Takes Effect, EEO-1 Report Filing Start Date Pushed Back, DOL Clarifies FMLA Leave for Paid Holidays - Employment Law This Week®
Podcast: California Employment News - Department of Labor Guidance on Telework
California Employment News: Department of Labor Guidance on Telework
#WorkforceWednesday: Federal Focus on Mental Health, FTC and Noncompetes, Gig Work Risks for Hospitals - Employment Law This Week®
Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off
On-Demand Webinar | Navigating Leave and Disability Protection Laws During COVID-19: A Practical Guide for California Employers
Can Employers Require COVID-19 Vaccinations?
Employment Law Under the Biden Administration
PODCAST: Williams Mullen's Benefits Companion - New Round of COVID-19 Relief Expands Assistance for Employers
#WorkforceWednesday: CDC Permits Shortened Quarantine Periods, CAL/OSHA COVID-19 Regulations, NY Amends WARN Act - Employment Law This Week®
Labor & Employment Law: Vermont and Federal Legislative Update
Updates to Paid Leave Requirements Under FFCRA
#WorkforceWednesday: CDC Reversals, New FMLA Forms, Tracking Unscheduled Work - Employment Law This Week®
Employment Law Now IV-77- Breaking: Federal Judge Invalidates Portions of the DOL’s FFCRA Regulations
How School Reopening Plans May Affect Paid Leave for Working Parents and Employers by Judy Garner
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 2
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 1
Nichole Atallah Comments on Small Business Benefits in CARES Act, FFCRA, and EFMLA
Employment Law Now IV-63- Your 10 Questions About The New DOL Covid-19 Regulations
No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more
Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal...more
On November 21, 2022, New York State Governor Kathy Hochul signed Assembly Bill 8092B, amending the state's labor law to clarify that employers cannot retaliate against employees for “any legally protected absence pursuant to...more
On November 21, 2022, New York Governor Kathy Hochul signed into law a new measure that explicitly prevents employers from penalizing workers for lawful absences. The new law amends Section 215 of New York Labor Law...more
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
Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...more
A federal appeals court just ruled that an employee had provided sufficient notice for his need for intermittent FMLA leave and subsequent absences due to “flare ups” of recurrent depression – even though he had only provided...more
What is one of the key ways to promote good attendance? For many employers, it is by implementing a perfect attendance award bonus for employees who work for a month or a quarter without missing any scheduled work days...more
Many companies have no-fault attendance policies where employees are automatically issued “points” or “occurrences” for unexcused absences and tardies. These policies generally allow exceptions for certain absences, such as...more
Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more
The Third Circuit Court of Appeals recently identified the difference between merely “requesting” Family and Medical Leave Act (FMLA) leave and “requesting and reporting” FMLA leave. At issue in the case was the employer’s...more
The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more
A terminated Kroger Co. distribution center worker has just sued the grocery store giant over its handling of absences for what she alleges were COVID-19 symptoms. The most interesting aspect of this claim is that the...more
“No-fault” attendance policies are common in many industries, especially those involving union settings. These policies do not require employees to justify an absence by presenting a doctor’s note or other equivalent...more
The recent decision in Dyer v. Ventra Sandusky, LLC, issued by the U.S. Sixth Circuit Court of Appeals (which has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee), should motivate employers to take another look at...more
Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all. Managing employee attendance problems and preparing for...more
Under the Family and Medical Leave Act, employers cannot penalize employees for use of FMLA leave. Earlier this month, the Sixth Circuit Court of Appeals found that an employer’s resetting of a perfect attendance program...more
The Sixth Circuit reminds all employers to carefully review even “no fault” attendance policies for FMLA compliance. Dyer v. Ventra Sandusky, LLC. The employer used a collectively bargained, no-fault, attendance policy that...more
A recent Connecticut Appellate Court case provides helpful reminders that: regular, reliable attendance can be an essential function of many jobs; and - eliminating an essential job function is not a reasonable...more
In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more
On January 8, 2019, the U.S. District Court for the Eastern District of Arkansas issued an opinion and order granting summary judgment to an employer, finding the employer did not violate the Family and Medical Leave Act...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
Many employers utilize “no-fault” attendance polices, which provide that employees are subject to progressive discipline up to and including termination when they accumulate a specified number of absences within a certain...more
The U.S. Department of Labor (“DOL”) recently released two new opinion letters relating to the Family and Medical Leave Act (“FMLA”), which provides eligible employees the right to unpaid, job-protected leave for certain...more
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