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Family and Medical Leave Act (FMLA) Hiring & Firing Employer Liability Issues

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

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

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

Epstein Becker & Green

Eleventh Circuit Ruling on Causation Standard a Win for Employers

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The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more

Constangy, Brooks, Smith & Prophete, LLP

Want to fire your employee for FMLA fraud?

Don't shoot from the hip. Let's say you have an employee who is in Week Six of "employee's own serious health condition" leave under the Family and Medical Leave Act. Her co-worker comes to you and tells you that the...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Fisher Phillips

Court Decision Raises FMLA Retaliation Standard: 3 Ways You Can Avoid Violations When Employees Request Leave

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A federal appeals court recently raised the bar for employees who want to bring retaliation claims after they request Family and Medical Leave Act leave – but this doesn’t mean that employers should let their guard down....more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

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On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

Amundsen Davis LLC

[Webinar] Ninth Annual Labor & Employment Fall Seminar - September 13th, 12:00 pm - 4:00 pm CT

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Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

McDermott Will & Emery on

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Tucker Arensberg, P.C.

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Manatt, Phelps & Phillips, LLP

Second Circuit Affirms Dismissal Based on Separation Agreement

The Second U.S. Circuit Court of Appeals recently weighed in on release provisions in separation agreements in the context of a head injury....more

Constangy, Brooks, Smith & Prophete, LLP

Suit based on notice of intermittent FMLA absences will go to trial

Employers, don't be too rigid about employee notice requirements. Weird case from the U.S. Court of Appeals for the Sixth Circuit. Imagine this: You're the HR manager at a manufacturing facility. An hourly employee has...more

Poyner Spruill LLP

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

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The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

Foster Swift Collins & Smith

[Hybrid Event] What Employers Need to Prepare for in 2023 - October 12th, 9:00 am - 11:30 am ET

There is a lot that employers need to prepare and plan for in 2023. Join us at our Fall 2022 Labor & Employment Law Update which will discuss major issues and developments that your company needs to address now...more

Constangy, Brooks, Smith & Prophete, LLP

Employer seeking "Kens and Barbies" must face trial on bias claims

Sheesh. I would think so! Here's a story for you: Some investors bought an apartment complex in Houston with the plan to fix it up and flip it. They decided the Property Manager wasn't doing a good job, so they fired her...more

Parker Poe Adams & Bernstein LLP

Motive Behind Employer's Investigation Determines Retaliation Question

​​​​​​​Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Seyfarth Shaw LLP

How A Facebook Messenger Chat Can Become a “Usual and Customary” FMLA Notice Procedure For a Company

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Seyfarth Synopsis: In a recent ruling, Roberts v. Gestamp (Decided August 15, 2022), the Fourth Circuit reversed, in part, the lower court’s decision to grant the Company’s motion for summary judgment on the grounds that the...more

Parker Poe Adams & Bernstein LLP

Above-Average Performance Reviews Counter Employer's Grounds for Termination

​​​​​​​“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more

Fox Rothschild LLP

Practical Advice from Employment Litigators in the Trenches

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Last week, my colleagues and I presented a webinar entitled “Employer Update: Practical Advice from Employment Litigators in the Trenches”. In this second episode of our summer webinar series, we provided practical guidance...more

Dentons

Discipline Notes as a Lawsuit Defense

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One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

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