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As hurricanes come ashore in the Southeast, tornadoes spin throughout the Great Plains, and wildfires consume neighborhoods in the West, sometimes the only human-made aspect of life that survives is the law. Businesses in the...more
The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more
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
A series of employment-related bills have become law and will go into effect in the coming months and years. These new bills contain some significant changes that will likely affect most Washington employers. Understanding...more
California law is complicated. When doing business in California, it helps to get the small things right – like mandatory postings. Keep reading for the signs California employers must post in the workplace...more
For many years, employers have been operating within the confines of the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Wisconsin Fair Employment Act (“WFEA”) when a pregnant employee...more
The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical...more
As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more
Happy Holidays and welcome to our year-end issue of SuperVision. In this edition, we are pleased to bring you the “Top Five” biggest labor and employment issues that will impact employers for the coming year along with...more
This article is a continuation of a series of Alerts providing guidance for employers on handling mental health issues in the workplace and specifically addresses issues that relate to neurodiversity and employees who...more
This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more
Maryland’s General Assembly passed several employment laws that are scheduled to take effect on October 1, 2024. Areas of change include paid family leave, posting salary ranges and pay rate notifications, and an expansion of...more
In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more
This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more
Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more
The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more
In response to President Biden’s Executive Order 14110 calling for a coordinated U.S. government approach to ensuring the responsible and safe development and use of AI, the U.S. Department of Labor Wage and Hour Division...more
With Mother’s Day coming up on May 12, it is a great time for companies to review their workplace policies regarding working moms, and update or supplement them as needed....more
The New York City Department of Consumer and Worker Protection (DCWP) officially debuted its new “Know Your Rights at Work” poster and Workers’ Bill of Rights website. The poster, which links to the DCWP website via a QR...more
The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more
The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more
Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more
2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more
This past year has brought with it expanded employment protections for new and expectant working mothers. These protections, in the form of two federal laws, alter the landscape for how employers can consider the needs of...more
If your company is named in a new lawsuit or receives a EEOC charge, part of your review process should include checking to see if the filing complainant or plaintiff has a pending bankruptcy action. If so, the next step is...more