News & Analysis as of

Medical Leave Department of Labor (DOL)

ArentFox Schiff

Maryland Further Delays Implementation of FAMLI Program

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On April 8, Maryland enacted House Bill 102, further postponing the implementation of the state’s Family and Medical Leave Insurance (FAMLI) program. This latest delay, recommended by the Maryland Department of Labor, is...more

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

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As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

Steptoe & Johnson PLLC on

On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

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

DOL’s Wage and Hour Division Weighs in on FMLA Use for Clinical Trials

In an opinion letter dated November 8, 2024, the Wage and Hour Division of the U.S. Department of Labor (DOL) responded to a question posed by an organization dedicated to finding a cure for specific diseases. ...more

Littler

Littler Lightbulb: August Appellate Roundup

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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

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Littler

Maine Poised to Enact Sweeping Paid Family and Medical Leave Law

Littler on

After clearing necessary procedural and financial hurdles this week, Maine is set to enact one of the broadest and most generous paid family and medical leave programs in the country....more

Dentons

Discipline Notes as a Lawsuit Defense

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One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

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

DOL’s New Outreach Initiative and Guidance on Application of the FLSA to Pandemic Scenarios, Including the Compensability of...

On April 26, 2021, the U.S. Department of Labor (DOL) posted an update on its blog regarding its new Essential Workers, Essential Protections initiative, which is designed to “ensure that workers know about the wage and hour...more

Jaburg Wilk

Telemedicine Should Now be Considered an In-Person Visit for FMLA Purposes.

Jaburg Wilk on

In what seems like an ongoing spate of agency guidance, the United Stated Department of Labor’s Wage and Hour Division has joined the fray by issuing guidance today (Dec. 30, 2020) regarding utilizing telemedicine as a means...more

Dentons

HR Quick Take: FMLA or FFCRA?

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Q: I have an employee who plans to go out on leave for surgery but has been told by his physician he has to quarantine for five days prior to surgery because of COVID-19. Is this leave covered under the Emergency Paid Sick...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Fisher Phillips

Trump v. Biden: A Workplace Law Preview

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Either incumbent Donald Trump or challenger Joe Biden will be inaugurated as president on January 20, 2021 – and the impact on workplace law will be significant. Each candidate has provided us with clues (some subtle, some...more

Fisher Phillips

August 2020: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

How To Balance School Re-Openings And COVID-19 Workplace Leave: FAQs For Employers

Fisher Phillips on

As the summer draws to a close, schools are announcing their re-opening plans, which vary widely across states and localities. Some schools plan to remain open several days a week and direct students to attend remotely the...more

Miles & Stockbridge P.C.

Federal Court Vacates Key FFCRA Regulations

On August 3, 2020, a federal court in the Southern District of New York overturned key provisions of the Families First Coronavirus Response Act (FFCRA) - the federal law requiring certain employers to provide eligible...more

Foley Hoag LLP

Federal Court Invalidates Major Aspects of DOL’s Rule, Expanding FFCRA to More Workers

Foley Hoag LLP on

In March 2020, Congress enacted the Families First Coronavirus Response Act (FFCRA), which provided emergency paid sick leave (EPSL) and emergency paid family medical leave (EPFML) to millions of workers needing time off for...more

Downs Rachlin Martin PLLC

US DOL Issues Guidance on FFCRA, FLSA, and FMLA as Businesses Reopen

On July 20, 2020, the U.S. Department of Labor published additional guidance on how the Families First Coronavirus Response Act (“FFCRA”), the Fair Labor Standards Act (“FLSA”), and the Family and Medical Leave Act (“FMLA”)...more

Foley & Lardner LLP

DOL Releases New FMLA Forms, Solicits Comments for Future FMLA Regulation Changes

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On July 16, 2020, the U.S. Department of Labor (DOL) issued new optional-use forms that employers can use to coordinate employee leave under the Family and Medical Leave Act (FMLA). As with the prior forms available from the...more

Davis Wright Tremaine LLP

DOL Issues Guidance on Eligibility for FFCRA Paid Leave for Summer Camp and Program Closures

On June 26, 2020, United States Department of Labor (USDOL) Wage and Hour Administrator Cheryl Stanton issued Field Assistance Bulletin No. 2020-4 (FAB 2020-4) regarding the Families First Coronavirus Response Act (FFCRA) and...more

Epstein Becker & Green

New Jersey DOL Issues Regulations Implementing COVID-19 Anti-Retaliation Law

Epstein Becker & Green on

On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that...more

Bass, Berry & Sims PLC

DOL Issues Notice Poster and Answers to FFCRA Frequently Asked Questions Clarifying 500-Employee Threshold

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The Department of Labor has issued a Notice Poster outlining employees’ rights under the Families First Coronavirus Response Act’s (FFCRA). This poster must be displayed in a conspicuous place in a location visible to...more

Foley & Lardner LLP

No-Fault Attendance Policy Creates "Fault" for Employer Under FMLA

Foley & Lardner LLP on

“No-fault” attendance policies are common in many industries, especially those involving union settings. These policies do not require employees to justify an absence by presenting a doctor’s note or other equivalent...more

Butler Snow LLP

What 2020 Holds for Labor & Employment

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2019 brought many changes and challenges to the world of labor and employment – and we expect 2020 to be no different. From drug testing to immigration, the following are issues that those in the labor and employment industry...more

McAfee & Taft

Falsified FMLA forms torpedo retaliation claims

McAfee & Taft on

The U.S. Department of Labor makes available a variety of Family and Medical Leave Act forms to employers. When used by companies, the DOL forms are extremely helpful with managing and administering employees’ FMLA absences....more

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