News & Analysis as of

Hiring & Firing › Family and Medical Leave Act (FMLA) › Burden of Proof

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Epstein Becker & Green

Eleventh Circuit Ruling on Causation Standard a Win for Employers

Epstein Becker & Green on

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

Fisher Phillips

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

McAfee & Taft

Revisiting the direct threat defense under the ADA

McAfee & Taft on

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

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

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

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

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

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