Complying with the various legal and practical requirements of the Family and Medical Leave Act (FMLA) and its regulations is an ongoing challenge for employers, particularly when it comes to questions about when an employee...more
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
On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more
9/27/2021
/ Appeals ,
Constructive Discharge ,
Corporate Counsel ,
Employment Litigation ,
Essential Functions ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Paid Leave ,
Reasonable Accommodation ,
Rehabilitation Act ,
Summary Judgment ,
Telecommuting
On February 5, 2021, the U.S. District Court for the District of Delaware granted summary judgment in Snyder v. E.I. DuPont de Nemours, Inc. and Company, No. 18-1266, holding that DuPont did not terminate the employment of...more
On July 16, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) published new efforts to improve management of leave under the Family and Medical Leave Act of 1993 (FMLA).
These developments follow a...more
On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more
3/12/2020
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Essential Functions ,
Family and Medical Leave Act (FMLA) ,
Genuine Issue of Material Fact ,
Interactive Process ,
Reasonable Accommodation ,
Retaliation ,
Undue Hardship ,
Wrongful Termination
On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for...more
5/22/2019
/ Abandonment ,
Adverse Employment Action ,
Disability Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Motion for Summary Judgment ,
NYCHRL ,
Race Discrimination ,
Reinstatement ,
Retaliation ,
Termination
On January 8, 2019, the U.S. District Court for the Eastern District of Arkansas issued an opinion and order granting summary judgment to an employer, finding the employer did not violate the Family and Medical Leave Act...more