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Report Link Sixth Circuit Declines to Follow the Supreme Court On Mixed Motive Cases Under the FMLA.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 23, 2009 The United States Supreme Court recently held that in order to prevail on a claim under the Age Discrimination in Employment Act (ADEA), a plaintiff must show that age was the primary factor in the contested employment action. While an employer may have taken the action due to multiple reasons or "mixed motives," in order to prevail under the ADEA, the employee must show that but for his or her age, the action would not have occurred. Gross v. FBL Fin. Servs., Inc., 129 S. Ct. 2343 (2009). The 5-4 holding in Gross distinguished the ADEA from Title VII of the Civil Rights Act, which, pursuant to its 1991 amendments, specifically allows mixed motive claims by Plaintiffs. In doing so, the Court held that, unlike Title VII, Congress had not amended the ADEA to include mixed motive cases as cognizable claims. Report Link Congress Looking to Overhaul FMLA: Proposed Legislation Could Present New Compliance Challenges.Fisher & Phillips, LLP - September 03, 2009 Although sometimes lost in the buzz over health care reform and union card-check legislation, over the past several months, Congress has also been considering a slew of aggressive proposals designed to expand various aspects of the Family and Medical Leave Act (FMLA). While these changes could affect employers in all industries, retailers should be especially concerned due to the possible lowering of requirements for coverage of part-time employees. Report Link FMLA Enhancement Act of 2009.Elarbee, Thompson, Sapp & Wilson, LLP. - August 13, 2009 In January 2009, H.R. 824 - the FMLA Enhancement Act of 2009 - was introduced to amend and enhance the Family and Medical Leave Act of 1993 (“FMLA”). This bill would expand the FMLA’s current application to employers by lowering the threshold for coverage. Instead of fifty or more employees being the threshold, employers who employ twenty-five employees or more would become subject to the FMLA under this proposed amendment. Not only would more employers be subject to the FMLA, but eligible employees would be entitled to a new form of leave that would be in addition to the current leave provided by the FMLA. Report Link Congress Considers Mandating Paid Leave for Employees.Baker Hostetler LLP - June 03, 2009 In yet another example of how the legislative landscape has changed for employers since the 2008 election, two pieces of legislation recently introduced in Congress would require employers to provide paid leave for their employees. On May 18, 2009, Rep. Rosa DeLauro (D-Conn.) introduced the “Healthy Families Act” (H.R. 2460) in the House. The Act would provide workers with up to seven days of paid sick leave per year. A few days later, on May 21, 2009, Rep. Alan Grayson (D-Fla.) introduced the “Paid Vacation Act” (H.R. 2564), which would make paid vacation for employees a requirement under federal law. Report Link Congress Considers Paid FMLA Leave – And New Taxes To Pay For It.Fisher & Phillips, LLP - June 03, 2009 On March 25, 2009, four House Democrats introduced a bill that would create a new federal insurance fund to provide employees with up to 12 weeks of paid family and medical leave each year. Report Link Legislation to Revise FMLA Introduced.Ford & Harrison LLP - May 12, 2009 Recently, two bills were introduced in the House of Representatives that would expand the scope of the Family and Medical Leave Act of 1993 (FMLA). On April 29, 2009, Rep. Carol Shea-Porter introduced legislation, H.R. 2161, that would reverse certain regulations issued by the Department of Labor (DOL), which became effective January 16, 2009. Also, on April 28, 2009, Rep. Carolyn Maloney introduced legislation, H.R. 2132, that would amend the FMLA to permit leave to care for a domestic partner as well as other individuals in an employee's extended family. Report Link Education Update: A Refresher Course On FMLA Leaves.Fisher & Phillips, LLP - April 09, 2009 A teacher approaches you at the beginning of the school year and tells you that she is pregnant and will be needing time off in early April for the birth of her baby. She plans to return for the last two weeks of the term. Another employee, your football coach, approaches you and states that his father, an Army Sergeant Major, suffered a serious injury while in Iraq and he needs one day off each week for the next eight weeks to assist in his father's planned medical treatment. What are the school's obligations in these situations? Report Link House Considers Paid Family Leave Legislation.Ford & Harrison LLP - April 02, 2009 On March 25, 2009, a bill was introduced in the House of Representatives that would create a family leave insurance program giving eligible employees up to 12 weeks of paid family leave in a 12-month period. The Family Leave Insurance Act of 2009 (H.R. 1723) builds on the Family and Medical Leave Act of 1993 (FMLA) and adopts many of the definitions of that law, with certain exceptions. Report Link Terminated Worker Not Eligible for FMLA Leave Under the Statute Can Proceed With FMLA Claim Based On Estoppel Principles.Buchanan Ingersoll & Rooney PC - March 30, 2009 Employers should closely review employee handbooks and benefit materials to ensure they do not mislead employees regarding their entitlement to Family and Medical Leave Act (FMLA) leave. In Reux v. Infohealth Mgmt. Corp., Case No. 08-cv-5068 (N.D. Ill. 3/10/09), the court ruled that an administrative assistant fired while on maternity leave can proceed with her interference and retaliation claims under the FMLA — despite the fact that her employer did not employ 50 employees within 75 miles of her work location (which typically precludes an employee from being able to qualify for FMLA leave) — because statements the company made to her and language in the company's handbook led her to believe she was eligible for FMLA leave. Report Link Employer's Daily Call-In Policy Found Not To Violate FMLA.Ogletree Deakins - February 10, 2009 A federal appellate court recently upheld summary judgment in favor of an employer who discharged an employee for failing to follow a company policy requiring employees to call in each day during an extended absence. This ruling is notable because the employee previously had been granted leave under the FMLA. Report Link Employer Does Not Violate FMLA by Having Daily Call-In Policy.Ogletree Deakins - January 02, 2009 The 8th U.S. Circuit Court of Appeals recently upheld summary judgment in favor of an employer who discharged an employee for failing to follow a company policy requiring employees to call in each day during an extended absence. This ruling is notable because the employee previously had been granted leave under the FMLA. Report Link Seventh Circuit Finds Surveillance Proper In Fraud Investigation.Ogletree Deakins - December 04, 2008 A federal appellate court recently dismissed a lawsuit brought by an employee who was working at her husband's lawn-mowing business while on intermittent medical leave from her employer. According to the Seventh Circuit Court of Appeals, the employer did not violate the Family and Medical Leave Act (FMLA) by terminating the employee because it had an "honest suspicion" that she was misusing her FMLA leave. Report Link DOL Issues New Final FMLA Regulations.Ford & Harrison LLP - November 18, 2008 On November 17, 2008, the United States Department of Labor issued a new set of Final Regulations updating its Family and Medical Leave Act ("FMLA") Regulations. Although Ford & Harrison LLP is preparing an extensive analysis of the new regulations, some of the more important features include: Report Link Plaintiffs Allege Systemic FMLA Violations, Seek Rare Class Certification.Jackson Lewis LLP - September 15, 2008 Although suits under the Family and Medical Leave Act (“FMLA”) are rarely brought as class actions, a Florida federal court has been asked to certify a class for each of five types of FMLA violations alleged in a complaint. The plaintiffs maintain that their claims are appropriate for class action litigation because “each of the separate class’s claims will rise or fall upon the legality of an established, uniform policy and practice related to the FMLA.” Bell, et al. v. CSX Transp., Inc., No. 3:06-cv-00704 (M.D. Fla.). Report Link Seventh Circuit Awards FMLA Rights to Ineligible Employee.Fisher & Phillips, LLP - September 05, 2008 In today's workplace, employees are increasingly looking for opportunities to telecommute. Whether based on a desire to balance family and professional responsibilities, or more recently, to save money at the gas pumps, a rapidly growing number of employees would prefer to work from home. According to a recent Dice Holding study, nearly 40% of information technology workers would accept up to a 10% reduction in salary for the opportunity to work from home. This trend shows no signs of letting up any time soon. Report Link Handbook Language May Create FMLA Obligations For Ineligible Employees.Barker Olmsted & Barnier - August 06, 2008 What does your employee handbook say about leaves of absence? If it erroneously promises FMLA rights, the company may be bound to extend those rights to employees, even if the company is not covered or the employee is not eligible. Report Link Employer's Inclusion of FMLA Benefits In Handbook May Bind Company, Even Without the Requisite 50 Employees (7th Cir.).Ogletree Deakins - July 25, 2008 Under the Family and Medical Leave Act (FMLA) a qualified employee is one who has worked for at least 1250 hours during the previous 12 months. In addition, an employer is subject to the FMLA if it has at least 50 employees within a 75 mile radius. Recently, the 7th U.S. Circuit Court of Appeals held that an employee can proceed with state-law claims for breach of contract or promissory estoppel based on handbook language granting FMLA-type leave, even though the employer had less than 50 employees. Report Link Handbook Language May Create Leave Rights even if Employees are not Eligible for FMLA Leave.Ford & Harrison LLP - July 23, 2008 The Seventh Circuit recently held that an employer may be bound under state law to comply with the leave policy contained in its employee handbook, even though the employee seeking leave is not an eligible employee under the federal Family and Medical Leave Act (FMLA). Report Link New Family and Medical Leave Act Developments.Fredrikson & Byron, P.A. - March 31, 2008 The Family and Medical Leave Act (FMLA) has been the source of considerable discussion and much angst as employers try to comply with its intricate regulations and an array of court decisions that aren’t always consistent. This year has seen the most significant changes and proposed changes to the FMLA in the 15 years since the law was enacted. Report Link President Vetoes FMLA Amendments Extending Leave to Families of Servicemembers, New Legislation Expected.Jackson Lewis LLP - January 10, 2008 For reasons unrelated to proposed Family and Medical Leave Act amendments, President George Bush has vetoed a defense authorization bill that included provisions providing for (a) up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces and (b) 12 weeks of leave to family members of servicemembers called up to active duty under certain circumstances. The President has stated he supports the FMLA amendments which have extremely broad Congressional support. New legislation is likely to be passed in early 2008 and is expected to be signed by the President. Report Link President Vetoes Bill Containing FMLA RevisionsFord & Harrison LLP - January 04, 2008 In a surprise move Monday, President Bush pocket vetoed the military spending bill that included revisions to the Family and Medical Leave Act (FMLA), discussed in our December 26 Legal Alert. Report Link Congress Approves Expansion of FMLA Protection for Military Family Members.Ford & Harrison LLP - December 28, 2007 Congress recently approved the first expansion of the Family and Medical Leave Act (FMLA) since that law was enacted in 1993. Congress approved the National Defense Authorization Act for Fiscal Year 2008 on December 14, 2007 and presented it to President Bush for his signature on December 19. The President is expected to sign this bill, which, in addition to authorizing appropriations for various military and defense activities, modifies the FMLA in two ways. Report Link Concerns Raised Over Fourth Circuit Decision Limiting Private Resolution of FMLA Disputes.Jackson Lewis LLP - December 28, 2007 A federal appeals court ruling in Richmond that releases of Family and Medical Leave Act ("FMLA") claims by employees must be approved by a court or the U.S. Department of Labor in order to be valid may prove troubling for employers and employees alike, who now question whether they can resolve their FMLA disputes privately. Report Link Congress Amends FMLA, Extending Leave to Families of Veterans and Service Members.Jackson Lewis LLP - December 20, 2007 Congress overwhelmingly passed the 2008 National Defense Authorization Act which included provisions providing for (a) up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces and (b) 12 weeks of leave to family members of service members called up to active duty under certain circumstances. Report Link A Few Aspirin for that FMLA Headache.Elarbee, Thompson, Sapp & Wilson, LLP. - December 20, 2007 Do your managers complain that the use of short-notice or no-notice leave under the Family and Medical Leave Act (FMLA) is hurting productivity and the morale of employees who are asked to take up the slack? Are your Human Resources officials frustrated in finding ways to legally curb the use of such leave? If so, you are not alone. Report Link FMLA Blues.Fisher & Phillips, LLP - August 10, 2007 Most dealers know that in order to be eligible to request the Family and Medical Leave Act (FMLA) employees must meet three initial conditions: They must work for an employer who employs at least 50 employees within a 75-mile radius; They must have been employed by the employer for at least 12 months; and They must have worked at least 1,250 hours in the twelve months prior to requesting the leave. What many dealer do not know is that the 12 months of employment in #2 need not be consecutive. A dealer in Maine recently learned this the hard way. Report Link Growing Number of States Passing Family Military Leave Acts.Jackson Lewis LLP - August 01, 2007 With the continuing demands on the military Reserve and National Guard, a growing number of states have been passing Family Military Leave Acts giving soldiers' family members limited unpaid leave entitlements. In general, the acts allow the family members of active duty soldiers to take unpaid leave during periods leading up to or immediately following their family member's deployment and also during periods of leave while still on active duty. The new statutes vary, but employers should be cognizant of these new laws and prepared to adjust their leave procedures to comply. Currently, Illinois, Indiana, Maine, Minnesota, Nebraska, and New York have passed these laws. Report Link Jackson Lewis' Recommendations Featured in Labor Department Report on FMLA Request for Information.Jackson Lewis LLP - July 05, 2007 Describing unscheduled, intermittent Family and Medical Leave Act ("FMLA") leave as the "single most serious area of friction between employers and employees seeking to use FMLA leave" and "a central defining theme" of more than 15,000 comments, the Department of Labor ("DOL") released an unprecedented report on key FMLA provisions (the "Report"). The 161-page Report, highlighting nine of Jackson Lewis' suggestions on key FMLA provisions, made clear it was not proposing any regulatory changes. Rather, the DOL hopes the Report promotes further discussion on how certain FMLA provisions and interpretations affect the workplace. Report Link Healthcare Update: FMLA May Require Treatment of Ailing Job Descriptions.Fisher & Phillips, LLP - May 04, 2007 Does a charge nurse’s seizure disorder compromise patient safety? Can a nurse with a two-pound lifting restriction perform the essential duties of her job? These questions and others like them often arise in the healthcare industry and the wrong answer could trigger liability not only under the Americans with Disabilities Act (ADA), but also under the Family and Medical Leave Act (FMLA). Report Link A New Look At Paid Leave Under The Family and Medical Leave Act.Shaw Valenza LLP - March 15, 2007 The FMLA and its 1995 implementing regulations revolutionized workplace law by protecting a variety of absences that would have resulted in disciplinary action or termination of employment. Report Link DOL Weighs In On FMLA Issues (pdf).Ogletree Deakins - December 16, 2005 In addition to its recent opinion letters on wage and hour topics,
the Department of Labor (DOL) also has addressed various issues arising
under the Family and Medical Leave Act (FMLA). One recent letter
addressed absences for the placement of a child for adoption or foster
care and another attempted to clarify the application of the FMLA’s
medical certification provisions. Report Link It’s Family and Medical Leave Act, not Friendly Medical Leave Act.Jones Walker - February 11, 2005 What are your obligations when an employee returns from Family and Medical Leave Act (FMLA) leave? How should you treat her? You know the answer — just like everyone else. The law forbids you from retaliating against someone for taking FMLA leave, but that doesn’t mean you can’t honestly evaluate her work performance before or after she takes her leave or even closely monitor her performance when she returns if you have a legitimate problem with it and you would do the same for any other employee. Report Link New FMLA Court Decisions Provide Guidance.Fredrikson & Byron, P.A. - February 24, 2004 Compliance with the federal Family and Medical Leave Act (FMLA) can be daunting. Report Link DOL Reports Many Employers Provide More Generous Leave Benefits Than Required by FMLA.Jackson Lewis LLP - July 20, 2001 In its recent report "Balancing the Needs of Families and Employers: Family and Medical Leave Surveys," the U.S. Department of Labor reports that 21.4% of surveyed employers offer more than 12 weeks of leave per year. Report Link No FMLA Violation Where Employer Grants More Leave Than Required By Law.Jackson Lewis LLP - July 01, 2001 The Connecticut Superior Court recently ruled that an employer did not violate the Family and Medical Leave Act by terminating an employee after a six-month medical leave of absence. Szpryngel v. Waterbury Extended Care Facility Inc. (Conn. Super. Ct. Apr. 24, 2001).
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ArticlesFound: 35 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
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November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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