News & Analysis as of September 20, 2024

Medical Leave

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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 -

Littler Lightbulb: August Appellate Roundup

Littler on 9/6/2024

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

First, Sixth Circuits Affirm Dismissal of ADA Claims

Manatt, Phelps & Phillips, LLP on 12/28/2023

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

Updated Notice Obligations Under Massachusetts Paid Family and Medical Leave Act

Nelson Mullins Riley & Scarborough LLP on 12/20/2023

The Massachusetts Department of Family and Medical Leave (DFML) recently issued updates to the Paid Family and Medical Leave Act (PFML). Included in the 2024 updates are changes to the required workplace poster and employee...more

5 Employer Takeaways – and Predictions – From Biden’s 2023 State of the Union

Fisher Phillips on 2/10/2023

“For too long, workers have been getting stiffed. But not anymore. We’re beginning to restore the dignity of work.” With these words, spoken by President Biden midway through his State of the Union address Tuesday night,...more

What Else Happened During COVID: A Recap of Non-COVID-Related Employment Law Changes in Oregon Since 2020

Schwabe, Williamson & Wyatt PC on 12/7/2022

In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to...more

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

Poyner Spruill LLP on 10/18/2022

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

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

Foster Swift Collins & Smith on 10/10/2022

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

Discipline Notes as a Lawsuit Defense

Dentons on 7/25/2022

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

Contradictory Decisions: Ontario Judges on Infectious Disease Emergency Leave

Bennett Jones LLP on 7/7/2021

Last month, we wrote about a recent decision of the Ontario Superior Court in Coutinho v Ocular Health Centre, which found that employees placed on a temporary leave under O. Reg 228/20 Infectious Disease Emergency Leave (the...more

Employee’s Suit Over Possible Termination Due to COVID-19 Moves Forward

Manatt, Phelps & Phillips, LLP on 6/18/2021

An employee who was allegedly terminated for taking several days of medical leave for a respiratory illness that could have been COVID-19 can move his lawsuit forward, a New York federal court has ruled....more

Missouri Employer Had Just Cause To Terminate Union Employee Who Tested Positive For Marijuana, Despite Lack of Workplace...

Jackson Lewis P.C. on 3/2/2021

A Missouri-based manufacturer of animal pharmaceuticals had just cause to terminate a 37-year employee who tested positive for marijuana despite the union’s argument that the employee’s personal use of CBD oil and marijuana...more

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Hinshaw & Culbertson - Employment Law... on 11/9/2020

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on 8/21/2020

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

New York State Governor Cuomo to Send Coronavirus Protections Under New York State Paid Sick Leave Act to Legislature

Hogan Lovells on 3/10/2020

Governor Cuomo is sent new legislation related to the Coronavirus to New York State lawmakers yesterday. The legislation would protect employees who are required to stay home from work because they are being isolated or...more

Developments in New York State Labor and Employment Law – What You Need to Know in 2020

Harris Beach PLLC on 1/9/2020

Lawmakers introduced and passed several bills in 2019 as part of an aggressive agenda to overhaul New York employment laws. Harris Beach attorneys Lindsey Zullo, Dan Palermo, Ibby Tariq and Taylor Ventre discuss a host of...more

The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

Barnea Jaffa Lande & Co. on 10/28/2019

From time to time we are asked what to do in instances where employees are absent from work without permission, and whether such absence constitutes abandonment of the job, and thus – resignation. In a recent judgment it was...more

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on 9/18/2019

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

WPI State of the States – Hot Topics During the Summer Cool-Down

Littler on 9/5/2019

Students across the country are heading back to school, but most state legislatures are either in recess or have adjourned for 2019. States that were still in session in August did advance several significant bills, while the...more

Waiting On Dorian: HR Tips for Dealing With Employees Who Can’t Seem to Show Up On Time, or at All

FordHarrison on 9/4/2019

Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all. Managing employee attendance problems and preparing for...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

Ten Ways Employers Get Themselves Sued (Part Two)

Constangy, Brooks, Smith & Prophete, LLP on 7/26/2019

How can I sue thee? Let me count the ways. Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were- Discrimination (not only unlawful discrimination, but...more

HR Law 101 Ep. 8: Handbooks and What to Include Part 3

Verrill on 6/12/2019

Many business owners and HR professionals look for a concise and straight forward employee handbook. The truth is, there isn't just one universal handbook to put on a shelf with all you need to know. Listen to this episode of...more

Untangling Complex Leave Issues – Part II

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/8/2019

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Flesh Eating Bacteria Ate My Homework

Jackson Lewis P.C. on 2/20/2019

If you’re like most folks, you’ve been wondering “when am I going to see a story mentioning both flesh eating bacteria and reasonable accommodation.” Wonder no more. Gary Brunckhorst worked for the City of Oak Park Heights...more

State & Local Employment Law Developments: Q4 2018

Faegre Drinker Biddle & Reath LLP on 1/13/2019

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

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