News & Analysis as of September 25, 2024

Leave of Absence

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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 -

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/21/2022

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

Seventh Circuit Continues To Find That Lengthy Leaves Of Absence May Not Be Reasonable Accommodations Under The ADA

Jackson Lewis P.C. on 1/22/2021

On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA...more

Employers: Benefits Considerations Post-Pandemic [More with McGlinchey Ep. 3]

McGlinchey Stafford on 7/1/2020

During the Coronavirus, it’s been fun working from home, but many are returning to the trenches. One of the issues we need to take a look at is employee benefits. In this episode, McGlinchey Labor & Employment team members...more

Benefits Considerations In Light Of Changing Employment Conditions And The COVID-19 Pandemic

Constangy, Brooks, Smith & Prophete, LLP on 3/25/2020

In light of the current COVID-19 health care crisis, employers are considering numerous options in the face of closed businesses and reduced income. These considerations include reducing employee work hours, furloughing...more

Reminder for Federally Regulated Employers: Sweeping Changes to Canada Labour Code Coming September 1, 2019

Blake, Cassels & Graydon LLP on 8/28/2019

Part III of the Canada Labour Code (Code) and its accompanying regulations, which provide labour standards for federally regulated employers, are scheduled to undergo significant changes pursuant to the coming into force of...more

Beware of FMLA Return-From-Leave Pitfalls

Hogan Lovells on 11/29/2017

Employers generally assume, correctly, that an employee who fails to report for duty at the end of an FMLA leave with a specified end date can be terminated. ...more

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

Franczek P.C. on 10/26/2017

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

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

Cozen O'Connor on 10/9/2017

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

M&T Bank Sued by EEOC for Disability Discrimination at Hudson City Savings Bank

U.S. Equal Employment Opportunity Commission... on 7/7/2017

Predecessor Bank Refused to Accommodate Bank Branch Employees' Disabilities and Put Them on Involuntary Leave, Federal Agency Charges - NEW YORK - The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today...more

Overhaul of Alberta’s Workplace Laws Now Underway

Blake, Cassels & Graydon LLP on 6/6/2017

Significant changes to Alberta’s workplace laws are coming. On May 24, 2017, the Alberta government introduced Bill 17, the Fair and Family-friendly Workplaces Act (Bill 17), which proposes the biggest changes to Alberta’s...more

EEOC Sues Legendary Baking For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 8/25/2016

Federal Agency Says Food Service Company Denied Long-Term Employee Accommodations, Then Fired and Failed to Rehire Her Because of Her Disability - CHICAGO - American Blue Ribbons Holding, LLC, dba Legendary Baking,...more

Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

Proskauer - Law and the Workplace on 10/23/2015

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

California Family Rights Act Interference Claims Proceed

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/31/2014

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

When is a House Not a Home?

Ervin Cohen & Jessup LLP on 7/3/2013

A woman takes a day off work to drive her significant other to a doctor’s appointment after he complains of having heart issues. ...more

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

Franczek P.C. on 1/31/2013

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

Doing Business in Canada: Employment & Labour

Bennett Jones LLP on 10/18/2012

The relationship between an employer and an employee in Canada is heavily regulated. All jurisdictions in Canada – both federal and provincial - have enacted legislation (statutes and regulations) governing various aspects of...more

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