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
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
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
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
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
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 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
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 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 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