Franczek Radelet P.C • July 11, 2014
Grandparents across America are celebrating this week. And they have Suzan Gienapp to thank.
Shaw Valenza LLP • July 11, 2014
Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide eligible employees with a leave of absence for certain qualifying reasons, including an employee or family member’s serious health condition. Although the U.S. Department of Labor (the “DOL”), the government entity responsible for enforcing the FMLA, has always had the authority to investigate employers for FMLA compliance, the agency recently announced that it intends to increase the frequency of on-site investigations. Employers subject to the FMLA should take steps to avoid the risks associated with such investigations.
Franczek Radelet P.C • July 01, 2014
If you’re anything like me, you’ve been swept up in the excitement of the World Cup over the past couple of weeks. However, now that we have entered the Round of 16, one thing leaves me both fascinated and unsettled about the game: how the art of penalty kicks can decide which team advances and which one goes home.
Constangy, Brooks & Smith, LLP • June 30, 2014
On Friday, the U.S. Department of Labor officially published a Notice of Proposed Rulemaking on the definition of "spouse" in the Family and Medical Leave Act. The proposed changes would broaden the definition of "spouse" to include most same-sex married couples.
Constangy, Brooks & Smith, LLP • June 27, 2014
As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would broaden the definition of “spouse” to include most same-sex married couples.
Brody and Associates, LLC • June 25, 2014
An employee who was replaced by an outside consultant while on medical leave and later discharged recently won nearly $103,000 plus 100% liquidated damages, attorney’s fees and prejudgment interest for violations of the federal Family and Medical Leave Act (“FMLA”). This is a costly reminder that employers must take care when dealing with employees who go on leave.
Ogletree Deakins • June 24, 2014
On June 20, 2014, the U.S. Department of Labor (DOL) issued a press release announcing a proposed rule extending the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The DOL is proposing this rule in light of the June 2013 United States v. Windsor decision, in which the Supreme Court of the United States struck down section 3 of the Defense of Marriage Act (DOMA), which limits the definition of “marriage” to opposite-sex unions and “spouse” to individuals of the opposite sex who are married for purposes of over 1,100 federal laws and regulations. The Supreme Court’s decision in Windsor left intact section 2 of DOMA, which expressly permits states to refuse to recognize same-sex marriages performed in other states.
Franczek Radelet P.C • June 20, 2014
The Department of Labor announced today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status.
Franczek Radelet P.C • June 20, 2014
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year later, on November 13, 2009, Ena’s physician restricted the number hours she could work as a result of complications caused by her pregnancy.
Franczek Radelet P.C • June 04, 2014
When it comes to leave as a reasonable accommodation after FMLA leave is exhausted, employers have been conditioned to simply believe: inflexible leave policies bad, flexible leave policies good. In fact, many of us have become so good at this conditioning it would make Ivan Pavlov proud [you know, the guy who conditioned his dog to salivate when food was presented].