News & Analysis as of

Family and Medical Leave Act (FMLA) Employer Liability Issues

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

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The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Kilpatrick

4 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

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Kilpatrick’s Brodie Erwin and Sarah Spangenburg recently presented an “Employment Law Update: What You Need to Know Now and Next” at the firm’s annual In-House Counsel Summit in Raleigh. Mr. Erwin and Ms. Spangenburg explored...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Lathrop GPM

[Event] Employment & Labor Law Seminar - Kansas City Area - October 1st, Overland Park, KS

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Join us for Lathrop GPM’s annual Employment and Labor Law Seminar, once again offered in two locations – Kansas City on Tuesday, October 1 and Minneapolis on Wednesday, October 23. The full-day seminar will address current...more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

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Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Maynard Nexsen

Fourth Circuit Affirms Employers’ Right to Investigate and Take Action for Suspected FMLA Leave Misuse

Maynard Nexsen on

In Shipton v. Baltimore Gas and Electric Company, the Fourth Circuit Court of Appeals affirmed the district court’s summary judgment rulings to dismiss the plaintiff’s Family and Medical Leave Act (FMLA) interference and...more

Dentons

HR Quick Take: FMLA

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Q: I have an employee on FMLA and I’m not certain how to count holiday leave....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Dentons

Insurance Issues: FMLA, Extended Leave, and Terminations

Dentons on

As many employers discovered during the COVID pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or, according to the health insurance...more

Littler

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

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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

Spilman Thomas & Battle, PLLC

FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 2, July 2024

Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence,...more

Poyner Spruill LLP

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

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The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Miller Canfield

Department of Labor Issues Field Assistance Bulletin on Use of AI in the Workplace

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The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more

Winthrop & Weinstine, P.A.

Minnesota’s New Paid Family and Medical Leave Law

On May 25, 2023, Gov. Tim Walz signed new legislation establishing Minnesota’s state-run family and medical leave program (the “Paid Leave Program”), and guaranteeing almost all Minnesota employees the right to paid family...more

Verrill

Proposed Rules for Maine Paid Family and Medical Leave Provide Some Helpful Information for Employers

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Maine’s comprehensive paid family and medical leave (PFML) law, enacted in October 2023, establishes a state benefits program funded by employer and employee contributions (the “Program”). The PFML law provides for...more

Harris Beach PLLC

[Webinar] 2024 Labor and Employment Series: Workplace Leave Laws - June 27th, 8:00 am - 9:45 am EST

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The Labor and Employment Team at Harris Beach invites you to join us for discussion of critical labor and employment law developments at our annual webinar series....more

Locke Lord LLP

But-For, or Not But-For: That Is the Question for FMLA Retaliation Claims

Locke Lord LLP on

For a retaliation claim under the Family and Medical Leave Act (“FMLA”), must an employee show that an adverse employment action would not have happened but-for (i.e., it happened only because of) the employee’s request for...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

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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

Akerman LLP

Celebrating Working Moms: How Companies Can Support Mothers in the Workplace

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With Mother’s Day coming up on May 12, it is a great time for companies to review their workplace policies regarding working moms, and update or supplement them as needed....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

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