Last month, the Supreme Court ruled in Staub v. Proctor Hospital(pdf) that an employer in an employment discrimination case can be liable for the discriminatory animus of an employee who influences, but does not make, the ultimate employment decision at issue. Known as the Γ’β¬ΕcatΓ’β¬β’s pawΓ’β¬Β theory, it already is having an impact on claims brought under the Family and Medical Leave Act.
Articles Discussing General Issues Under The FMLA.
Play Ball! An FMLA Lineup That Keeps You in the Pennant Race
In this opening weekend of major league baseball, hope springs eternal for every baseball fan. In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year.
An Employer’s FMLA Nightmare? Hooters Offers Fake “Doctor’s Notes” to Skip Work During NCAA Tourney
Over the upcoming weeks, when Carl the Custodian is missing from your workplace, you may want to give your local Hooters Restaurant a call. He just might be there watching the NCAA tournament.
FMLA Insights: Recovering Premium Payments from Employees After They Fail to Return from FMLA Leave – Podcast No. 20
Under the Family and Medical Leave Act, employers have the right to recover their share of health insurance premiums from an employee if he or she fails to return to work upon expiration of FMLA leave. In this month’s FMLA Insights podcast, we walk employers through how they can go about collecting these premiums and under what circumstances they may do so.
Supreme Court Expands Cat’s Paw Liability
On March 1, the U.S. Supreme Court unanimously held in Staub v. Proctor Hospital (.pdf) that an employer can be held liable for employment discrimination claims based upon the bias of a supervisor who influenced, but did not make the final employment decision. The Court struck down a narrow version of this so-called Γ’β¬ΕcatΓ’β¬β’s pawΓ’β¬Β argument, under which the employer could be held liable only if the biased supervisor exerted a Γ’β¬Εsingular influenceΓ’β¬Β over the ultimate employment decision. It is clear that this ruling will apply broadly to cases including claims of retaliation and interference under the FMLA. Unfortunately, the CourtΓ’β¬β’s decision provides little guidance for employers as to what steps they can take to avoid liability for Γ’β¬ΕcatΓ’β¬β’s pawΓ’β¬Β claims.
Summary of 2010 FMLA Cases Provides Valuable Resource to Employers and Employment Attorneys
Every February, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of significant FMLA decisions handed down by the federal courts in the previous year.
Mishandling FMLA Leave for Alcohol Treatment Causes Employer to Fall Off the Wagon
An employee enrolled in an addiction treatment program need not be under a doctor’s care or actually staying at a rehab institution to qualify for FMLA leave, according to a federal court in Texas. Picarazzi v. John Crane, Inc. (pdf)
Podcast No. 19: An Employer’s FMLA “To Do” List for 2011
In this month’s podcast, we propose a “to do” list of items employers should consider to ensure their FMLA policies and practices are effective in the New Year.
Suffering from Super Bowl-Induced FMLA Leave?
This morning, the sound of the morning alarm was harsh reality for scores of employees throughout Wisconsin. After celebrating a Packers Super Bowl victory late into the night (a bitter pill for this Bears fan to swallow!), they have no interest in dragging themselves out of bed and heading into work. For employers, you need not be located in Wisconsin to suffer the effects of the Super Bowl. Case in point — I was talking with an HR professional (located outside of WI.) last week who was not looking forward to the day after Super Bowl Sunday, when she spends much of her day processing leave of absence requests — nearly all of which come from employees who called off right before the Monday morning shift started.
As FMLA Absences Mount, the Employer Must Lay Down the Law
Cook County, Illinois (the county in which Chicago is located) currently faces one of the largest budget deficits in its government’s history. So, when the Cook County Board president (Toni Preckwinkle) tells the County Sheriff (Tom Dart) to cut $70 million from his budget, it tends to grab people’s attention. In this story, however, this proposed budget cut took a back seat to a notable statistic that grabbed the headlines: one out of every five employees in the sheriff’s office takes FMLA leave on any given workday. At the Cook County Jail, it’s one in four, as reported by the Chicago Tribune.
Lessons From The Jewel-Osco / EEOC Settlement.
On January 5, the EEOC announced a $3.2 million settlement in a lawsuit against Jewel-Osco parent company Supervalu Inc., alleging that Jewel-Osco fired disabled employees at the end of medical leaves rather than returning them to work with reasonable accommodations. (Details are available in the Chicago Sun Times, and the EEOC has issued its own press release.) The settlement does not constitute an admission of liability by the company, and as reported by the Sun Times Supervalu denied any wrongdoing.
Policies, Practices and More: An FMLA “To Do” List for 2011
FMLA developments in 2010 came fast and furious: the DOL’s interpretation clarifying the definition of in loco parentis, GINA’s impact on the FMLA, an impending DOL survey on how families use medical leave, and a number of new court cases giving guidance (and in some cases, muddying the waters) on important issues such as FMLA eligiblity and notice, abuse of FMLA leave, medical certification, caring for a family member and FMLA retaliation.
The DOL’s Holiday Gift for the Plaintiff’s Bar.
Shortly before the Thanksgiving holiday, the Obama administration’s “Middle Class Task Force” announced a new program in which the U.S. Department of Labor will partner with the American Bar Association to refer complaints under the FMLA and federal wage and hour laws to private plaintiffs’ attorneys.
Senator Dodd’s Legacy: The Family and Medical Leave Act.
In the upcoming weeks, the halls of Congress will welcome a number of new faces and bid farewell to many other personalities. One of those personalities riding into the sunset is the longtime Senator Christopher Dodd of Connecticut. Putting aside for now whether you love him or hate him, Senator Dodd leaves at least one significant legacy behind — passage of the Family and Medical Leave Act. As the author of the FMLA, which was passed in 1993, and sponsor of several bills pending in Congress that would expand the FMLA, Senator Dodd clearly has been a strong voice for employees in the workplace.
Where, and Where Not To Get FMLA Information
Occasionally I spot a piece of FMLA “advice” on the Internet that just makes me chuckle – and that makes me confident that the FMLA will remain a terrific source of business for employment lawyers for a long time to come. Much of it isn’t outright wrong, but ends up being so superficial that it completely misses the mark. Take a recent post on ehow.com for example.