News & Analysis as of

Interference Claims Employment Litigation Employer Liability Issues

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

Akerman LLP - HR Defense

Watch that Frown: Mere Discouragement Enough to Violate the FMLA

There has never been a better time for employers to train managers on the basics of Family and Medical Leave Act (FMLA) rights and appropriate responses to FMLA requests. Believe it or not, FMLA rights can be violated even if...more

Steptoe & Johnson PLLC

West Virginia Supreme Court of Appeals Clarifies Employee’s Burden of Proof for FMLA Interference

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The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more

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

Seventh Circuit: Actual Denial of FMLA Benefits Is Not an Element of FMLA Interference

The Seventh Circuit Court of Appeals recently held that the Family and Medical Leave Act (FMLA) does not require actual denial of FMLA leave to find liability based on interference with FMLA rights. FMLA’s Section...more

Genova Burns LLC

Pennsylvania Employee Files Suit Against Former Employer for FFCRA Violations in the Wake of COVID-19

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In one of the first lawsuits filed since the passage of the Families First Coronavirus Response Act (“FFCRA”), a Pennsylvania employee is claiming FFCRA interference and retaliation against her former employer, an airline...more

Fisher Phillips

What Employers Can Learn From The First FFCRA Interference And Retaliation Lawsuits

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Just a little more than six weeks ago, both political and business leaders in our country were looking for options to help employers and employees deal with the dramatic impact the COVID-19 pandemic was having and would have...more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

Littler

Wisconsin Supreme Court Holds That State Disability Discrimination Law Requires Proof of Intent to Establish Liability

Littler on

The Wisconsin Supreme Court recently overturned a longstanding line of cases that allowed disabled employees to prevail in discrimination cases without proving the employer intended to discriminate or was even aware that the...more

Seyfarth Shaw LLP

Be Careful Of Comments On Healthcare Costs: Sixth Circuit Denies Summary Judgment On ERISA Interference And Retaliation Claims...

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Seyfarth Synopsis:   An employer, which had paid medical expenses on behalf of an employee’s dependent son, made comments about the company’s rising healthcare costs several months before firing the employee. The Sixth...more

Seyfarth Shaw LLP

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

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Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC...more

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