News & Analysis as of

Compliance Department of Labor (DOL) Family and Medical Leave Act (FMLA)

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
Constangy, Brooks, Smith & Prophete, LLP

FMLA brain teaser!

Try wrapping your head around this one. All of you experts on the Family and Medical Leave Act, gather 'round! The following is from a real lawsuit that was filed Wednesday in federal court in Indianapolis. The plaintiff...more

McAfee & Taft

Employer do’s and don’ts for applying accrued PTO to FMLA leave

McAfee & Taft on

The Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take up to 12 weeks of unpaid, protected leave during a 12-month period for absences resulting from covered family or medical...more

Davis Wright Tremaine LLP

Critical Compliance Note for Employers in States With Paid Family or Medical Leave

As we know, employers covered by the Federal Family Leave Act ("FMLA") must provide their qualifying employees unpaid protected FMLA leave. In many instances, employers require employees taking FMLA leave to use accrued and...more

Mintz - Employment Viewpoints

DOL Issues Opinion Letter Clarifying Intersection of FMLA and State or Local Paid Family and Medical Leave Benefits

Shortly before the Trump Administration started, the U.S. Department of Labor (DOL) issued an opinion letter clarifying the “substitution” provision under the federal Family and Medical Leave Act (FMLA) when it intersects...more

Littler

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

Littler on

On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Smith Debnam Narron Drake Saintsing & Myers,...

Utilizing Artificial Intelligence in Employment-Related Matters: Recent Developments and Best Practices

Recently, the intersection of artificial intelligence (AI) and employment law has become a focal point for legislators, regulators, and employers alike. As AI technologies continue to reshape hiring practices and workplace...more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

Bricker Graydon LLP on

An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...more

Miller Canfield

Department of Labor Issues Field Assistance Bulletin on Use of AI in the Workplace

Miller Canfield on

The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more

Foley & Lardner LLP

Navigating a New Era: Department of Labor’s Guidance on AI Compliance with FLSA and FMLA

Foley & Lardner LLP on

The rise of artificial intelligence (AI) in personnel management has ushered in a new era of efficiency and productivity, but it also raises important questions about compliance with labor laws. The U.S. Department of Labor...more

Cozen O'Connor

I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti...

Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more

Franczek P.C.

DOL Continues to Warn Employers of Investigation of Systemic FMLA Issues

Franczek P.C. on

Earlier this month, I had the pleasure of presenting on complex FMLA issues at the American Bar Association’s Annual Labor and Employment conference. During the session, entitled “The FMLA 20 Years Later,” we covered key FMLA...more

Bradley Arant Boult Cummings LLP

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

McGuireWoods LLP

Proposed FAR Rules Impose Significant New Burdens for Government Contractors

McGuireWoods LLP on

On May 28, 2015, the Obama administration published proposed amendments to the Federal Acquisition Regulation (FAR) and related Department of Labor (DOL) guidance to implement the July 31, 2014, “Fair Pay and Safe Workplaces”...more

Franczek P.C.

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

Franczek P.C. on

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

Saul Ewing LLP

DOL: Most Workers are Employees Under the FLSA

Saul Ewing LLP on

“Most workers are employees under the FLSA [federal wage and hour law],” the Department of Labor asserted last week in Guidance discussing what it described as the “problematic trend” of misclassifying workers as independent...more

Franczek P.C.

New DOL FMLA Branch Chief: Expect Even More On-Site FMLA Investigations And Focus On Systemic FMLA Compliance Issues

Franczek P.C. on

This past December, the Department of Labor quietly turned its FMLA enforcement over to a new leader. After the retirement of FMLA Branch Chief Diane Dawson, who led the DOL’s FMLA enforcement for several years, the DOL...more

Pullman & Comley - School Law

State Department of Labor Issues Notice of Intent to Adopt New Paraprofessional FMLA Regulations

It may seem like a distant memory at this point, but as you may recall, in May of 2012, the General Assembly passed, and Governor Malloy signed, a new law (Public Act 12-43, now codified at Conn. Gen. Stat. § 31-51rr that...more

Epstein Becker & Green

Act Now Advisory: FMLA Update: Protected Leave Available to Same-Sex Spouses

Epstein Becker & Green on

The U.S. Department of Labor ("DOL") announced that, as of August 9, 2013, it had updated guidance documents to remove references to the Defense of Marriage Act ("DOMA") in order to affirm the availability of spousal leave...more

Franczek P.C.

DOL Busts Employer For Requiring Annual Medical Certification Without Leave Request

Franczek P.C. on

The DOL is on a roll, and employers can't be amused....more

Littler

Same-Sex Marriages and Employee Leave Entitlement After Windsor

Littler on

In Windsor v. United States, No. 12-307 (June 26, 2013), the Supreme Court ruled that the section of the Defense of Marriage Act (DOMA) that required federal laws to ignore same-sex marriages that are legally entered into...more

JD Supra Perspectives

Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More

JD Supra Perspectives on

Our latest Corporate Law Report includes a look at how to deal with office relationships, changes to FMLA rules to benefit veterans, an unfortunate tax development for investors in certain California business, and other...more

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