News & Analysis as of

Unpaid Leave

“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser Training

If an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit...more

Maryland Senate Overrides Governor’s Veto of Paid Sick Leave Law

On Friday, January 12, 2018, the Maryland Senate voted 30-17 to override Governor Larry Hogan’s veto of the Maryland Healthy Working Families Act (the “Act”) which passed the Maryland General Assembly last year. The Maryland...more

The 12 days of California Labor & Employment Series – Day 6 “New Parent Leave Act”

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

Employment Standards Code Changes are Effective January 1: Are You Ready?

by Field Law on

As outlined in our previous alerts, almost all of the changes to the Employment Standards Code (the “Code”) brought in by the Fair and Family-Friendly Workplaces Act come into effect on January 1, 2018. Employers should take...more

California Enacts New Law Expanding Parental Leave to Small Employers

by Bryan Cave on

On Thursday, October 12, 2017, California Governor Jerry Brown signed legislation that extends twelve weeks of unpaid parental leave to California employees who work for small businesses. The New Parent Leave Act applies...more

Honey, I Shrunk the CFRA! - California Extends Job-Protected Parental Leave to Smaller Employers

by Fisher Phillips on

SB 63 requires employers with between 20 and 49 employees to provide up to 12 weeks of unpaid job-protected parental leave to bond with a new child. The signing of SB 63 follows previous unsuccessful efforts to extend...more

Internal Revenue Service Provides Helpful Relief to Hurricane Victims

Announcement 2017-11 (Announcement) provides that a tax-qualified employer retirement plan may treat a distribution to a current or former employee covered by the Announcement as on account of hardship or an unforeseeable...more

IRS announces special relief to help victims of Hurricane Harvey

by McAfee & Taft on

Last week the IRS announced that 401(k) plans and certain similar employer-sponsored retirement plans can make loans and hardship distributions to help victims of Hurricane Harvey....more

Lessons Learned from Katrina and Hurricane Harvey Relief Guidance to Date for those Affected by Hurricane Harvey

by Winstead PC on

Following Hurricane Katrina (“HK”), excellent minds in the government worked to provide helpful guidance on relief that employers could elect to utilize to assist employees impacted by that hurricane or other disasters either...more

Wage and Hour Considerations During Weather-Related Emergencies

As Tropical Storm Harvey continues wreak havoc across Texas and beyond, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

by Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Total Eclipse of … Liability?

by Taylor English Duma LLP on

We don’t mean to darken anyone’s day—we want our clients and their employees to join in on the 2017 eclipse festivities as much as everyone else—but we need to alert you as to some issues and suggest some precautions for...more

Are You Prepared for the Workplace Challenges That Will Rise With the Solar Eclipse?

Unless you have been living under a rock, you should know by now that on August 21, 2017, a total solar eclipse will cross the continental United States, coast to coast. While the entire country will experience a partial...more

Paternity Leave Policies: Proceed With Caution

by Fisher Phillips on

For new parents, time at home to bond with their newborn child during the first few months after birth or adoption is very important. This small window is also important for fathers, as they did not have a chance to bond with...more

Massachusetts Finalizes New Pregnancy Workplace Law: What to Expect When Your Employees Are Expecting

by Fisher Phillips on

Massachusetts just joined 21 other states and the District of Columbia by enacting a comprehensive pregnancy workplace law with unanimous support from the legislature, employee advocates, and the Massachusetts business...more

A Generic Doctor’s Note, Without More, Will Not Support A Claim Under The NJLAD

Does this sound familiar?  Your employee hands you a note from his doctor stating, “Please excuse Josh from work from 3/18 through 4/20 when he will be reevaluated.”  Often, doctor’s notes say little else, and many times you...more

Negotiating the Maze of Overlapping Leave Laws

by Payne & Fears on

Our experienced employment lawyers review major federal and California laws regarding employee leaves of absence and how they impact employers in 2017 and beyond. Topics include: • Creating a checklist for handling requests...more

Intermittent Leave Under the FMLA – The Basics

Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members...more

“Congratulations – Now, Back To Work!” What Employers Need To Know About The Fifth Trimester

by Fisher Phillips on

Parents everywhere are familiar with the joys and trials of the three trimesters of pregnancy. The term “fourth trimester” has also gained widespread recognition, that three-month period when a baby gets used to living...more

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Congress Proposes Adding Parental Bereavement Leave to FMLA

by Jackson Lewis P.C. on

On March 16th, a bipartisan group of Representatives, which included Paul Gosar, Don Beyer, Martha McSally, Brad Schneider, Tom Suozzi and Barbara Comstock, introduced the Parental Bereavement Act of 2017, also known as the...more

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...more

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

Illinois Increases Protected Leaves for Employees

by Littler on

Just two months after Chicago became the second city in the Midwest to require employers to provide paid sick leave, Illinois has enacted three laws that entitle employees to additional protected leaves.  The Child...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

by Franczek Radelet P.C. on

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

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