News & Analysis as of

Family and Medical Leave Act (FMLA) Employment Discrimination

White and Williams LLP

An Interactive Dialogue: The Intersection Between the ADA, FMLA, and PWFA

White and Williams LLP on

In this episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Victoria Fuller, Partner and Co-Chair of Labor and Employment Practice Group, and Laura Corvo, Counsel,...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Decision Legalizing Same-Sex Marriage Hits 10-Year Anniversary

Ten years have passed since the Supreme Court of the United States granted all same-sex couples the right to marry and have their marriages recognized nationwide. ...more

Venable LLP

An Employer's Legal Compliance Guide to Handling Employee Medical Information

Venable LLP on

Employers' access to, and retention of, employee medical information can be fraught with legal risk. Even the most seasoned HR professionals have trouble navigating the complex rules and regulations governing employee medical...more

Constangy, Brooks, Smith & Prophete, LLP

Dads-in-the-21st-century workplace quiz!

Happy Father's Day weekend, y'all! How much do you know about dads in the workplace in our modern era? Take our quiz and find out! Since today is Friday the 13th, I’m going to make this quiz a hard one. But, as always, the...more

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

Franczek P.C. on

As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

Offit Kurman on

Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Rumberger | Kirk

5 Tips for HR Directors to Avoid Expensive Company Lawsuits

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As the first point of contact for employee claims, HR directors often find themselves with the challenging task of assessing sensitive situations. This, coupled with ensuring both the company’s policies are followed, and...more

Offit Kurman

Adjusting Job Descriptions for Business Needs – What You Need to Know

Offit Kurman on

Changing an employee's job description during business restructuring can be tricky, especially when balancing business needs with legal requirements. Can human resource managers change an employee’s job description to align...more

Shipman & Goodwin LLP

Top Ten Tips for Cannabis HR Compliance in 2025

Shipman & Goodwin LLP on

With everything going on in the world of cannabis, day-to-day personnel matters can fall by the wayside. International markets are beginning to emerge, bringing the potential for expansion and investment, but also increased...more

Maynard Nexsen

Management’s Guide to Florida Employment Laws and Processes

Maynard Nexsen on

Florida largely follows federal employment laws, but under certain circumstances, Florida law provides greater protections to employees over and above its federal counterparts. This guide will highlight a few of these crucial...more

Ruder Ware

What to Expect When Your Employee is Expecting Under the Pregnant Workers Fairness Act

Ruder Ware on

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

Carlton Fields

Florida Appeals Court Decisions Week of February 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Daniels v. Fla Fish & Wildlife - fishing regulations, constitutional challenges, standing - Glover v. Ocwen Loan Serv - FDCPA, mortgage payment fees - Rosado v. Sec’y US Navy...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

ArentFox Schiff

What Employers Need to Know About the Recent EEOC Guidance to Health Care Providers on the Pregnant Workers Fairness Act

ArentFox Schiff on

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA), a federal law enforced by the US Equal Employment Opportunity Commission (EEOC), went into effect. The PWFA mandates that employers with at least 15 employees, along...more

Mitratech Holdings, Inc

Protecting Pregnant Employees: A Closer Look at PWFA and FMLA

Both the Pregnant Workers Fairness Act (PWFA) and the Family Medical Leave Act (FMLA) play a crucial role in supporting pregnant employees, each offering unique protections. Understanding these differences is key to creating...more

Cole Schotz

Employee Handbooks In 2025: Action Required For New York And New Jersey Employers

Cole Schotz on

Federal and state employment laws are constantly evolving and employers must regularly revise their employee handbooks to remain compliant. Below are some key legal developments for New York and New Jersey employers to...more

Spilman Thomas & Battle, PLLC

Top Five: The Biggest Labor & Employment Developments from 2024

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

Littler

Littler Lightbulb: October Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Ninth Circuit Reinstates Law Prohibiting Discrimination in Healthcare Settings...more

Benesch

Developments in AI Restrictions in the Workplace

Benesch on

Beginning January 1, 2026, Illinois employers must notify workers when using artificial intelligence (“AI”) to make employment-related decisions and could face regulatory enforcement and civil lawsuits if the deployment of AI...more

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Foley & Lardner LLP

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

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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

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