News & Analysis as of

Remote Working Family and Medical Leave Act (FMLA)

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

FordHarrison

[Webinar] Storm-Ready Workforce: Best Practices for Employers to Manage Employees Before, During, and After a Natural Disaster -...

FordHarrison on

Hurricane season is here, bringing with it the potential for severe weather that can cause widespread damage, impacting entire communities. Natural disasters may be unpredictable - but your response doesn't have to be....more

Pullman & Comley - Labor, Employment and...

More Than a Remote Possibility: Why Your Remote Out of State Employees May Be Entitled to Federal FMLA Leave

In our post-COVID world, it is common for employers to hire fully remote employees who work out of state. One of the challenges many employers face in this remote-work world is how to address complicated HR issues such as...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

Goldberg Segalla

[Webinar] Employment Law in the Post-COVID World: A Refresher and Update - March 26th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

As businesses are implementing return-to-work policies and administrative agencies are adjusting to a post-COVID world, see where employment laws are now and what we expect for the near future. Join Goldberg Segalla partner...more

White and Williams LLP

Updating The Company Employee Handbook Should Move to the Top of Every Company’s Year-End To Do List

White and Williams LLP on

As year-end approaches, companies, both large and small, are busy closing out 2023 and putting plans in place for 2024. A key priority that should not be neglected as you make preparations to close out an old year and start a...more

McGlinchey Stafford

Hot Workforce Topics in 2023: Remote Work and Pro-Employee Movements

McGlinchey Stafford on

The year 2023 represents a time of shifting attitudes toward the workplace and workforce, with the effects of the COVID-19 pandemic continuing to wax and wane, pro-employee movements taking place in high-profile industries,...more

Proskauer - Law and the Workplace

Four Things You May Not Know About … the Family and Medical Leave Act

Welcome to the first in a series of blogs examining often overlooked or misunderstood provisions of common employment law topics.  Today we will be covering four pitfalls that employers may inadvertently encounter when...more

Weintraub Tobin

Podcast: California Employment News - Department of Labor Guidance on Telework

Weintraub Tobin on

The U.S. Department of Labor issued guidance earlier this year that reminds employers of the current rights of teleworking employers under both the FLSA and FMLA. Katie Collins reviews this guidance in this episode of...more

Weintraub Tobin

California Employment News: Department of Labor Guidance on Telework

Weintraub Tobin on

The U.S. Department of Labor issued guidance earlier this year that reminds employers of the current rights of teleworking employers under both the FLSA and FMLA. Katie Collins reviews this guidance in this episode of...more

Arnall Golden Gregory LLP

U.S. Department of Labor Issues Guidance on Remote Workers

In its first Field Assistance Bulletin of the year, the U.S. Department of Labor (“DOL”) offered new guidance regarding the application of certain key federal employment laws — the Fair Labor Standards Act (“FLSA”) and the...more

Manatt, Phelps & Phillips, LLP

DOL Weighs In on FMLA

In a recent bulletin, the Department of Labor (DOL) provided an important reminder to employers that a remote worker may be eligible for leave under the Family and Medical Leave Act (FMLA), while also sharing an opinion...more

Miles & Stockbridge P.C.

DOL Issues Guidance Explaining the Application of FLSA, FMLA to Remote Employees

The COVID-19 pandemic spurred countless businesses to transition to a remote workforce. Today, despite the public health emergency ending May 11, many of those workforces remain fully or partially remote....more

McAfee & Taft

Are remote employees eligible for FMLA leave?

McAfee & Taft on

With increasing numbers of employees working remotely, employers can sometimes lose sight of the fact that a remote worker may be eligible for leave under the Family and Medical Leave Act (FMLA). A Bulletin issued in February...more

Amundsen Davis LLC

DOL Issues Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act

Amundsen Davis LLC on

On February 9, 2023 the Wage and Hour Division of the United States Department of Labor (WHD) issued a Field Assistance Bulletin (FAB) providing guidance to WHD field staff regarding proper compensation under the Fair Labor...more

Tonkon Torp LLP

Department of Labor Issues Guidance on Teleworking

Tonkon Torp LLP on

The U.S. Department of Labor has issued guidance for teleworking employees. While the DOL did not announce any new rules, they clarified that the following existing rules continue to apply, even if an employee is...more

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

DOL Clarifies Telework Eligibility Under FMLA and ADAAA, Including Reduced Schedule Leave for ‘Serious Health Conditions’

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently released informal guidance to address some issues arising under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) that...more

Venable LLP

U.S. Department of Labor Releases Guidance on Teleworkers

Venable LLP on

The U.S. Department of Labor (DOL) Wage and Hour Division recently issued a Field Assistance Bulletin (FAB) advising on certain applications of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) for...more

Bradley Arant Boult Cummings LLP

DOL Guidance Provides “FAB”ulous Insight as to How the Agency Will Apply the Protections under the FLSA and FMLA to Remote Workers

The United States Department of Labor recently issued Field Assistance Bulletin No. 2023-1 (FAB), which provides guidance to agency officials on a number of telework issues. The FAB addresses (1) paying workers who telework...more

Foley & Lardner LLP

FMLA Developments Regarding Telework and Retaliation Claims You Should Know About

Foley & Lardner LLP on

As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave...more

Weintraub Tobin

The DOL Issues New Guidance Applying the FLSA and FMLA to Remote Workers

Weintraub Tobin on

On February 9, 2023, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin 2023-1 (the “FAB”), which directs agency officials responsible for enforcement on the application of the Fair Labor Standards Act...more

Bowditch & Dewey

Department of Labor Issues Guidance Relative to Remote Employees

Bowditch & Dewey on

On February 9, 2023, the Department of Labor’s Wage and Hour Division (“DOL”) issued a Field Assistance Bulletin (“Bulletin”). The Bulletin provides guidance on the application of the Family and Medical Leave Act (FMLA) and...more

Gould + Ratner LLP

U.S. Department of Labor Clarifies Break Requirements and FMLA Eligibility for Remote Workers

Gould + Ratner LLP on

The U.S. Department of Labor’s (DOL) Wage and Hour Division released a Field Assistance Bulletin (FAB) providing guidance about employer obligations and worker protections under the Fair Labor Standards Act (FLSA) and the...more

Lathrop GPM

DOL Issues Guidance on Telework

Lathrop GPM on

On February 9, 2023, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Field Assistance Bulletin No. 2023-1 (FAB) to help employers (1) better understand their wage and hour obligations under the Fair Labor...more

Morgan, Brown & Joy, LLP

The Department of Labor Issues Technical Guidance on FLSA and FMLA for Remote Workers

On February 9, 2023, the Department of Labor (“DOL”) issued a Field Assistance Bulletin setting forth various guidance for its Wage and Hour Division (WHD) field staff pertaining to issues arising under the Federal Labor...more

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