News & Analysis as of

Motion to Dismiss › Family and Medical Leave Act (FMLA)

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

FMLA Interference: Court Finds Defendants’ Motion to Dismiss to Be Premature

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

In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School...more

Jackson Lewis P.C.

Employer’s Misleading Statements Allow FMLA Claim To Survive Motion To Dismiss

Jackson Lewis P.C. on

The U.S. District Court in Wisconsin recently held in Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, that misleading statements by an employer regarding the Family and Medical Leave Act (“FMLA”) can give...more

Jackson Lewis P.C.

Hospital Compliance Officer’s Opposition To Termination Of Co-Worker States A Claim Of FMLA Retaliation

Jackson Lewis P.C. on

The United States District Court for the District of Columbia recently denied a Hospital’s motion to dismiss a Family and Medical Leave Act (“FMLA”) retaliation claim by a senior officer because of the close time proximity...more

Jackson Lewis P.C.

EEOC’s Notice Pleading Survives Motion To Dismiss In Failure To Accommodate And Wrongful Termination Suit

Jackson Lewis P.C. on

A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc....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

Akerman LLP - HR Defense

Loose Lips Can Constitute Interference with FMLA Leave

Akerman LLP - HR Defense on

Disclosure of medical confidential information can result in a Family and Medical Leave Act (FMLA) interference claim, even when the employer does not actually interfere with the employee’s right to take FMLA leave. So held a...more

Stinson LLP

Ninth Circuit Finds That Removal of Action to Federal Court Does Not Waive Tribe's Sovereign Immunity

Stinson LLP on

In a precedential opinion, the Ninth Circuit Court of Appeals recently chose to follow the lead of the Eleventh Circuit, holding that tribes do not waive sovereign immunity merely by removing a case to federal court. This...more

Genova Burns LLC

Employers May Not Deny FMLA Leave Requests Without Allowing an Opportunity to Cure a Deficient Medical Certification

Genova Burns LLC on

On September 17, 2015, the New Jersey Appellate Division emphasized that an employer has “modest burdens” to not only advise employees of their rights under the Family and Medical Leave Act (“FMLA”), but also must advise...more

Carlton Fields

New York Court Conditionally Certifies Class of Entry-Level Female Sales Representatives in Collective Action Under Equal Pay Act

Carlton Fields on

A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act....more

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