News & Analysis as of

Hiring & Firing › Family and Medical Leave Act (FMLA) › Human Resources Professionals

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 -
Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

Holland & Hart - Employers' Lawyers on

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

Bricker Graydon LLP on

An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

Dickinson Wright on

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

Smith Gambrell Russell

[Event] Workplace 2023: Navigating HR - May 25th, Atlanta, GA

Smith Gambrell Russell on

Join SGR’s Labor & Employment group for the latest on navigating Human Resources in 2023. Topics Include: - Health & Welfare - Immigration - OSHA - ADA & FMLA - Non-Compete Agreements - New Legislation - Wage...more

Smith Gambrell Russell

[Event] Workplace 2023: Navigating HR - May 23rd, Jacksonville, FL

Smith Gambrell Russell on

Join SGR’s Labor & Employment group for the latest on navigating Human Resources in 2023. Topics Include: - Health & Welfare - Immigration - OSHA - ADA & FMLA - Non-Compete Agreements - New Legislation - Wage...more

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

Bricker Graydon LLP

[Event] Employment Law Hot Topics - November 8th, Columbus, OH

Bricker Graydon LLP on

Bricker & Eckler’s annual “Hot Topics” seminar provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. This year, we are pleased to partner with Scotts...more

Poyner Spruill LLP

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

Poyner Spruill LLP on

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

Fox Rothschild LLP

Practical Advice from Employment Litigators in the Trenches

Fox Rothschild LLP on

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

Dentons on

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

Cranfill Sumner LLP

[Webinar] Employment Law Roundtable 2022 - April 21st, 10:00 am - 11:00 am ET

Cranfill Sumner LLP on

Employment attorneys from our firm will discuss a range of Employment Law topics, including recognizing the importance of the agency principle, managing the manager, challenging the paradigm of no due process for at-will...more

Dentons

HR Quick Take: FMLA

Dentons on

Q: We recently had several employees apply for FMLA. Two of them are at least 100 hours short of the minimum 1,250-hour requirement but for different reasons. In an attempt to accommodate the first employee’s health issues,...more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

Constangy, Brooks, Smith & Prophete, LLP on

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Constangy, Brooks, Smith & Prophete, LLP

5 Things Your Lawyer Likes To See In An HR Person

Constangy, Brooks, Smith & Prophete, LLP on

Not a word about this week's goings on. I promise! I was having a hard time coming up with a blog topic this week that didn't involve the never-ending election of 2020. (I propose that voting in 2024 be done via...more

Dentons

HR Quick Takes: FMLA Leave for Key Employees

Dentons on

Q: If I am designating an employee as a key employee under the FMLA, can I just fire them on the first day of leave?  A: No, the FMLA allows key employee designation (exempt, top 10% of earners), but it only allows denial...more

American Conference Institute (ACI)

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

American Conference Institute (ACI) on

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

BCLP

When Employee’s Trip to the Beach May NOT Support A Suspicion of FMLA Fraud

BCLP on

Employers are not obligated to tolerate employee misuse of FMLA leave.  Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more

Fisher Phillips

Honesty Is The Best Policy: An Employer’s Guide To Combatting FMLA Fraud And Abuse

Fisher Phillips on

It is officially summertime. And with warm temperatures and the draw of fun in the sun comes one of the largest challenges for leave and absence managers: Family and Medical Leave Act (FMLA) fraud and abuse. Unfortunately,...more

Ward and Smith, P.A.

From Facebook to FMLA to Furry Friends—Frequently Asked Questions in Employment Law

Ward and Smith, P.A. on

The questions we receive as labor and employment attorneys vary based on many factors such as organizational changes a business is experiencing, new laws or regulations that affect employer obligations, and certain trends in...more

Bowditch & Dewey

Combating Opioid Abuse in the Workplace - A Proactive Approach For Employers

Bowditch & Dewey on

The opioid crisis in America remains at epidemic proportions. A study from Boston Medical Center published last week estimates that 275,000 Massachusetts residents, or 4.6% percent of all adults and children older than age...more

Bowditch & Dewey

Combating Opioid Abuse in the Workplace: A Proactive Approach For Employers

Bowditch & Dewey on

Imagine your employee “Bob” has recently missed a lot work for unexplained reasons. Bob’s coworkers notice that he sometimes “nods off” while working, and his supervisor just reported to you that Bob became enraged while...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Fisher Phillips

Is It Time To Recall Some Of Your HR Policies?

Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Akerman LLP - HR Defense

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

Akerman LLP - HR Defense on

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA...more

BakerHostetler

Second Circuit Defines Test for Individual Liability Under the FMLA

BakerHostetler on

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the...more

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