News & Analysis as of

Human Resources Professionals › Family and Medical Leave Act (FMLA) › Termination

Rumberger | Kirk

5 Tips for HR Directors to Avoid Expensive Company Lawsuits

Rumberger | Kirk on

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

Constangy, Brooks, Smith & Prophete, LLP

3 things that will make an employer's case go down to defeat

Constangy, Brooks, Smith & Prophete, LLP on

Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more

Constangy, Brooks, Smith & Prophete, LLP

Request for "FMLA leave" is protected activity, court says

Constangy, Brooks, Smith & Prophete, LLP on

Even if the employee doesn't qualify. Picture this. You ask your boss whether you can take leave under the FMLA. Your boss asks why you want the leave, and you say your cat is sick.* It's your favorite cat. Your boss...more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

Constangy, Brooks, Smith & Prophete, LLP on

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

BCLP

When Employee’s Trip to the Beach May NOT Support A Suspicion of FMLA Fraud

BCLP on

Employers are not obligated to tolerate employee misuse of FMLA leave.  Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more

Fisher Phillips

Honesty Is The Best Policy: An Employer’s Guide To Combatting FMLA Fraud And Abuse

Fisher Phillips on

It is officially summertime. And with warm temperatures and the draw of fun in the sun comes one of the largest challenges for leave and absence managers: Family and Medical Leave Act (FMLA) fraud and abuse. Unfortunately,...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

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

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

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

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

Parker Poe Adams & Bernstein LLP

Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

Parker Poe Adams & Bernstein LLP on

The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more

Harris Beach PLLC

Labor and Employment Group News: Human Resources Director Can Be Held Personally Liable Under FMLA

Harris Beach PLLC on

On March 17, 2016, the Second Circuit Court of Appeals ruled that a Human Resources Director can be held personally liable, under a broad reading of what constitutes "an employer" under the FMLA. Graziadio v. Culinary...more

Proskauer - Law and the Workplace

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

Proskauer - Law and the Workplace on

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more

Maynard Nexsen

Some New Year's Resolutions for HR Professionals in 2014

Maynard Nexsen on

It’s the time of the season when many make well-intended resolutions for the New Year. Promises usually include ending bad habits and starting good ones. With resolutions in mind, what could human resource professionals focus...more

FordHarrison

Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability

FordHarrison on

Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train...more

Franczek P.C.

Court Rules That Third Party Administrators Can Be Held Liable For FMLA-Related Violations

Franczek P.C. on

Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide