News & Analysis as of

Retaliation Family and Medical Leave Act (FMLA) Employee Rights

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Rumberger | Kirk

To Avoid FLSA Retaliation, Don’t Miss the Oral Complaints

Rumberger | Kirk on

The Department of Labor (DOL) recently reminded field investigators to be on the lookout for retaliation against employees that are seeking to enforce their rights under the Fair Labor Standards Act (FLSA). On March 10,...more

Bowditch & Dewey

U.S. Department of Labor Releases Guidance on Protecting Workers From Retaliation

Bowditch & Dewey on

The U.S. Department of Labor (DOL) recently released guidance addressing retaliation against employees who assert workplace rights under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), as well as...more

Fisher Phillips

COVID-19 Sick Leave Litigation Disproportionately Impacts Healthcare Employers: How to Avoid Becoming Another Statistic

Fisher Phillips on

As the weather warms amid the dawning of a new chapter in our country, national vaccine distribution is underway (albeit admittedly haphazard) and the light at the end of the tunnel shines brighter in 2021. As the virus...more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

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

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

Verrill on

The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...more

Franczek P.C.

Next Time You Want to Conduct FMLA Surveillance, Be Sure to Have a Good Reason Why

Franczek P.C. on

Porn and the FMLA. This has all the makings of one big, fat men’s soap opera. Johnnie Walker was a longtime police officer with the Pocatello Police Department, and he was tasked with investigating Scott and several other...more

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

Does the PDA Protect Nursing Mothers From Workplace Bias? 11th Circuit Says Yes

Does Title VII of the Civil Rights Act of 1964’s Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination? One federal court—the Eleventh Circuit Courts of Appeals—recently...more

Baker Donelson

“You Can’t Do That to Me, I Requested FMLA Leave!” – Proving FMLA Retaliation

Baker Donelson on

Employers are often hesitant to take disciplinary or other actions with an employee who has recently requested or has taken leave under the Family and Medical Leave Act (“FMLA”). While the law does not prohibit such action,...more

Saul Ewing LLP

Former Pa AG Investigator’s FMLA Claim Dismissed: No FMLA Protection After Leave Ends Despite Extension of Leave

Saul Ewing LLP on

The saga of former Attorney General Kathleen Kane continued in the courts on January 4, 2017 when Judge Sylvia Rambo (Middle District of Pennsylvania) dismissed an FMLA claim brought against her by a former investigator. In...more

Laner Muchin, Ltd.

Illinois Child Bereavement Law Given Immediate Effect

Laner Muchin, Ltd. on

On July 29, 2016, Illinois enacted the Child Bereavement Leave Act (Act), which took immediate effect. The Act expands leave protections for Illinois employees by providing up to 10 work days of unpaid bereavement leave upon...more

Littler

Illinois Increases Protected Leaves for Employees

Littler on

Just two months after Chicago became the second city in the Midwest to require employers to provide paid sick leave, Illinois has enacted three laws that entitle employees to additional protected leaves.  The Child...more

Foley & Lardner LLP

FMLA Eligible or Not Eligible … That is the Question

Foley & Lardner LLP on

The easiest part of handling a Family and Medical Leave Act (FMLA) situation is determining at the outset whether the employee is eligible for FMLA protections, right? Not so fast. Recent cases have added the seemingly simple...more

Ballard Spahr LLP

Third Circuit Decision Will Make It More Difficult for Employers to Defeat FMLA Interference and Retaliation Claims

Ballard Spahr LLP on

Recently, the U.S. Court of Appeals for the Third Circuit issued a decision that raises the bar for employers seeking summary judgment on claims raised under the Family and Medical Leave Act (FMLA) for interference with...more

Akerman LLP - HR Defense

Can Employer Who Has Granted Employee's FMLA Request Dispute Employee's FMLA Eligibility?

Akerman LLP - HR Defense on

An employee sends an email to her manager requesting FMLA leave to care for her father "while he deals with issues surrounding his terminally ill brother." The supervisor writes back, "Approved," and the employee takes...more

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