Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...more
6/26/2025
/ Department of Labor (DOL) ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
New Guidance ,
Paid Leave ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
State Labor Laws
On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more
On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule to implement the Pregnant Workers Fairness Act (PWFA), which was passed on June 27, 2023. The PWFA requires public and private...more
Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....more
2/15/2024
/ Colleges ,
Educational Institutions ,
Employee Definition ,
Employees ,
Labor Regulations ,
NCAA ,
NLRA ,
NLRB ,
Student Athletes ,
Unions ,
Wage and Hour
For many, Labor Day weekend represents the last bastion of summer. It also ushers in a season of holidays, celebrations, and shortened workweeks throughout fall and winter. However, employers that deal with the year-round...more
On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that...more
1/9/2023
/ Competition ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Former Employee ,
New Rules ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Popular ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
In Roberts v. Gestamp West Virginia, LLC, the Fourth Circuit Court of Appeals—which covers Maryland, West Virginia, Virginia, North Carolina, and South Carolina—held that when an employer allows an employee to use an informal...more
The Fourth Circuit has become the first appellate circuit to extend the protection of the Americans with Disabilities Act (ADA) to individuals with gender dysphoria by way of its recent ruling in Kesha T. Williams v. Stacey...more
At the start of the COVID-19 pandemic, many employers relied heavily on the constantly changing guidance from the Equal Employment Opportunity Commission (EEOC) in its Technical Assistance Questions and Answers relating to...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
6/17/2022
/ Appeals ,
Burden of Proof ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Interference Claims ,
Issuer Eligibility Criteria ,
Notice Requirements ,
Paid Family Leave Law ,
VA Supreme Court
Since last year’s significant SCOTUS decision in Alston curtailing the NCAA’s ability to limit student athlete compensation for certain educational benefits, the landscape continues to shift in unprecedented ways. Now, the...more