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DOL Will Again Issue Opinion Letters on FMLA, FLSA, and Other Sticky Employment Law Scenarios

he U.S. Department of Labor announced today that it will again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. The DOL has even established a new webpage to submit requests for opinion letters and to review old opinion letters.

Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?

There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?” The worlds of FMLA and ADA clash!

Employer Faces ADA/FMLA Conundrum And Wins Summary Judgment

In an unpublished opinion issued on October 8, 2013, Owens v. Calhoun County School District, No. 12-60897, the Fifth Circuit Court of Appeals recently upheld a district court’s grant of summary judgment in favor of an employer on a claim brought under the Americans with Disabilities Act (ADA). The interesting—and somewhat unexpected—basis for the decision was that the employer fired the employee because she had failed to return in a timely matter from a medical leave that she had taken under the Family and Medical Leave Act (FMLA).

A Tale of Two Federal Districts: The Uncertain Fate of the NLRB Poster

The fate of the National Labor Relations Board (“NLRB”) poster is in legal limbo. Last month, Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia ruled the NLRB had the authority to require employers to display an oversized poster informing employees of their right to unionize. That decision is on appeal to the D.C. Circuit. Now, Judge David C. Norton of the U.S. District Court for the District of South Carolina has reached the opposite conclusion. An appeal is expected. Neither court possesses authority superior to the other. The result: a legal mess and a nation of employers uncertain about what to do next.
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