|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Report Link Third Circuit Rejects Controversial FMLA Regulation.Ogletree Deakins - September 10, 2008 Joining other federal courts, the Third Circuit recently rejected a Department of Labor regulation, 29 C.F.R. §825.110(d), which deems an employee eligible for FMLA leave, even if the employee does not satisfy the FMLA’s eligibility requirements, when an employer fails to advise an employee of his/her eligibility after leave is requested. Here, the plaintiff had not worked the required 1,250 hours in the 12 months preceding her requested leave, but her employer failed to respond to her request for FMLA leave for the birth of her child. Report Link Department of Labor Issues Proposed FMLA Regulations.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 01, 2008 On January 28, 2008, the Family Medical Leave Act (FMLA) was amended by the National Defense Authorization Act for Fiscal Year 2008 to provide up to 26 weeks of job protected family leave to care for injured members of the Armed Forces, and up to 12 weeks of leave because of a qualifying exigency arising out of an employee's parent, child, or spouse's active duty or call to active duty. Under the amendment, a maximum of 26 weeks of leave may be taken during a 12-month period for any combina tion of the FMLA-qualifying events. Then, on February 11, 2008, the Department of Labor (DOL) issued much-anticipated proposed regulations for implementing the FMLA. These rules, which seek to clarify existing regulations, were open for public comment for a 60-day period, but the comment period closed on April 11, 2008. Although the DOL has not summarized or published the comments to date, it plans to complete the review process and adopt the new regulations prior to January 2009, when President Bush leaves office. Additionally, although this release does not include specific proposals for implementing the new leave provisions for family members of military personnel, the DOL did seek public comments on such rules. Report Link FMLA: Labor Department Releases Revisions (pdf).Jones Walker - March 24, 2008 Highlights of the proposed changes. Report Link DOL Publishes Long-Awaited Proposals to Update FMLA Regulations.Fisher & Phillips, LLP - March 05, 2008 For some time now, business groups have been calling for a substantial overhaul of FMLA regulations that have proven to be unduly vague, cumbersome, and in some cases, completely out of touch with the realities of today’s workplace. It seems that those requests are no longer falling on deaf ears. On February 11th, the Department of Labor took a substantial step toward regulatory reform by publishing a Notice of Proposed Rulemaking in the Federal Register.
Once implemented, the final rules will contain regulatory language based upon comments submitted during the review process. Although a final set of new regulations is still months away, a spokesperson for the administration expressed her desire to implement changes by the end of President Bush’s term. The proposed rules will remain open for public comment through April 11, 2008. Report Link New Proposed Regulations for the FMLA.Shaw Valenza LLP - February 28, 2008 The federal Family and Medical Leave Act of 1993 has been around for about 15 years. The law provides eligible employees with up to 12 weeks of job-protected leave. The reasons for leave include their own or a covered relation’s “serious health condition,” or to care for a newborn or adopted child. While the law is fairly easy to describe, employers usually find it hard to administer according to its terms. Employers have hired entire teams of employees whose entire job is devoted to administer leaves. Some large employers even have “outsourced” leave management to third party administrators.
Report Link Department of Labor Proposes Major Revisions to Family and Medical Leave Act Regulations.Phelps Dunbar LLP - February 21, 2008 On February 11th, the Department of Labor unveiled a proposal to make wide-ranging revisions to its Family and Medical Leave Act (FMLA) regulations. The proposed regulations, which come in at just under 500 pages, represent the first major update to the FMLA since its enactment in 1993. Employers should expect to make significant changes to their employee leave policies once the final version of the regulations takes effect. Report Link DOL Proposes Revisions to FMLA Regulations and Seeks Comments on Military Family Leave.Ford & Harrison LLP - February 19, 2008 The Department of Labor (DOL) has published a Notice of Proposed Rulemaking (NPRM) proposing revisions to certain regulations implementing the Family and Medical Leave Act (FMLA). The NPRM addresses many of the comments received by the DOL in response to its Request for Information published in December 2006, as well as legal challenges to many provisions in the current regulations. The DOL also included a Request for Comments on issues to be addressed in final regulations regarding military family leave. Report Link Proposed FMLA Regulations Would Help Employers.Elarbee, Thompson, Sapp & Wilson, LLP. - February 19, 2008 The Department of Labor’s (DOL) February 11, 2008 proposed regulations consolidate and reorganize many sections of the regulations to the Family and Medical Leave Act (FMLA) in an effort to make them more user-friendly. There are substantive changes, too, and many of them would benefit employers. Report Link Proposed Rule on the Family Medical and Leave Act.Buchanan Ingersoll & Rooney PC - February 13, 2008 On February 11, 2008, the Department of Labor published proposed rule changes for the Family Medical and Leave Act (FMLA). These regulatory changes would be the most sweeping modifications to FMLA regulations since their initial implementation on April 6, 1995. Report Link DOL to Publish FMLA Proposals: Changes to Existing Regulations and Comments on New Military Family Leave.Ogletree Deakins - February 08, 2008 On Monday, February 11, 2008, the U.S. Department of Labor (DOL) is expected to publish in the Federal Register a dual-purpose proposal on the Family and Medical Leave Act (FMLA). The DOL's first purpose is to propose revisions to certain existing FMLA regulations. These are the first proposed changes to the existing regulations since the FMLA was passed in 1993. The other reason for the proposal is to request public comments on a wide variety of issues related to the new military family leave entitlements that were contained in the National Defense Authorization Act. The DOL will use these comments to issue final regulations for these new military family leave entitlements. Report Link Jackson Lewis Weighs In On Changes to FMLA Regulations.Jackson Lewis LLP - March 06, 2007 Pointing to the failure to accomplish the FMLA’s stated goal of providing reasonable leave to employees in a manner that accommodates the legitimate interests of employers, Jackson Lewis submitted comments today to the U.S. Department of Labor (DOL) calling for critical changes to the FMLA regulations. Report Link Do You Have Comments About the FMLA?Elarbee, Thompson, Sapp & Wilson, LLP. - December 13, 2006 The U.S. Department of Labor recently announced that it is seeking information and comment from the public on the Family and Medical Leave Act (FMLA) and its implementing regulations. The request for information (RFI) was published in the Federal Register on Friday, Dec. 1. Report Link DOL Accepting Public Input Regarding FMLA Regulations.Ford & Harrison LLP - December 05, 2006 Reacting to concerns raised about the existing FMLA regulations, the Department of Labor has announced that it is soliciting information from the public "for its consideration and review of the Department's administration of the Act and implementing regulations". The DOL's request for information (RFI) was published in the December 1, 2006 Federal Register, http://www.gpoaccess.gov/fr/index.html (select browse, then Table of Contents, go to Wage and Hour division). A copy of the RFI is attached to this Alert. The DOL will accept comments until February 2, 2007. Report Link FMLA Regs Update (pdf).Nexsen Pruet - April 06, 2006 Way back in 2002, the U.S. Supreme Court decided a little case we like to call Ragsdale v. Wolverine
Worldwide, Inc., 535 U.S.81 (2002), which invalidated a Department of Labor (DOL) regulation regarding
employer notice to employees that leave is being counted towards the Family and Medical Leave Act (FMLA)
limit. This regulation, which is still reflected in the Federal Register, states “[i]f an employee takes paid or
unpaid leave and the employer does not designate the leave as FMLA leave, the leave taken does not count
against an employee’s FMLA entitlement.” 29 C.F.R. 825.700(a). More on this in a minute. Report Link FMLA Regulations Continue to Cause Problems [PDF File].Kirkpatrick & Lockhart LLP - December 01, 2001 General discussion of recent case law regarding the difficulties in adhering to the FMLA regulations.
|
ArticlesFound: 15 ArticlesNO SUBTOPICSEmployment Law Seminars
Workplace Harassment Seminar
Indianapolis
October 16, 2008 Indiana Chamber of CommerceFlorida Employment Law UpdateTampa
October 16, 2008 OgletreeTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGHouston
October 16, 2008 Phelps DunbarLabor & Employment Law Update: What Trends Do You Need to WatchChicago
October 16, 2008 Ford & HarrisonHRMAC Employee Relations Interest GroupChicago
October 16, 2008 Vedder PriceEmployment Law Developments in TennesseeMemphis
October 17, 2008 OgletreeOhio Employment Law BriefingRocky River
October 17, 2008 OgletreeExecutive Briefing: Organized Labor in the 21st Century – The Phoenix Rising from the AshesOak Brook
October 17, 2008 Vedder PriceChallenges & Opportunities for EmployersBirmingham
October 17, 2008 ConstangyThe 2008 Midwest EmployerMinneapolis
October 21, 2008 Littler |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2008 elinfonet.com, llc.
All Rights Reserved.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds