News & Analysis as of

Family and Medical Leave Act (FMLA) Employer Liability Issues

Ogletree, Deakins, Nash, Smoak & Stewart,...

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Constangy, Brooks, Smith & Prophete, LLP

FMLA brain teaser!

Try wrapping your head around this one. All of you experts on the Family and Medical Leave Act, gather 'round! The following is from a real lawsuit that was filed Wednesday in federal court in Indianapolis. The plaintiff...more

Chambliss, Bahner & Stophel, P.C.

[Event] Labor and Employment Seminar - March 13th, Chattanooga, TN

Join us for an engaging and informative labor-and-employment seminar designed to keep you abreast of the ever-evolving legal and regulatory landscape! This complimentary event is tailored for executives, management, and HR...more

Seyfarth Shaw LLP

Signs You Can’t Ignore If You’re Doing Business in California

Seyfarth Shaw LLP on

California law is complicated. When doing business in California, it helps to get the small things right – like mandatory postings. Keep reading for the signs California employers must post in the workplace...more

Ruder Ware

What to Expect When Your Employee is Expecting Under the Pregnant Workers Fairness Act

Ruder Ware on

For many years, employers have been operating within the confines of the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Wisconsin Fair Employment Act (“WFEA”) when a pregnant employee...more

ArentFox Schiff

Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave

ArentFox Schiff on

On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

Perkins Coie

LA Fires: Employer Considerations in Light of the Disaster

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Companies with California operations affected by the continued devastation of the fires in the Los Angeles area should keep in mind applicable employment laws when responding to this natural disaster....more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2025

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The California Supreme Court issued several important decisions in 2024 about issues such as the application of PAGA to public employees and the definition of “hours worked.” Several cases are pending before the state’s high...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Expands FMLA to Include Care for Sibling When Employee Acts in Parental Role

The Family and Medical Leave Act provides unpaid job-protected leave for a qualified employee to care for a spouse, parent, or child with a serious health condition. This means that FMLA protections do not extend to employee...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Modern Families: The Sixth Circuit’s Decision Regarding In Loco Parentis Relationships for Adult Siblings and FMLA Claims

The Sixth Circuit Court of Appeals recently issued a significant decision regarding the interpretation of the mysterious “in loco parentis” relationships under the Family and Medical Leave Act (FMLA). Chapman v. Brentlinger...more

Constangy, Brooks, Smith & Prophete, LLP

3 things that will make an employer's case go down to defeat

Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review of Fourth Circuit's 'Honest Belief' FMLA Defense

Earlier this year, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) issued a decision that provides employers with an important defense to some Family and Medical Leave Act...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

Steptoe & Johnson PLLC on

On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

Spilman Thomas & Battle, PLLC

Suspected Abuse of FMLA Leave: What Can be Done?

The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical...more

Spilman Thomas & Battle, PLLC

Top Five: The Biggest Labor & Employment Developments from 2024

As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 4, December 2024

Happy Holidays and welcome to our year-end issue of SuperVision. In this edition, we are pleased to bring you the “Top Five” biggest labor and employment issues that will impact employers for the coming year along with...more

FordHarrison

The U.S. Mental Health Crisis – Neurodivergent Employees

FordHarrison on

This article is a continuation of a series of Alerts providing guidance for employers on handling mental health issues in the workplace and specifically addresses issues that relate to neurodiversity and employees who...more

Bradley Arant Boult Cummings LLP

Discouraging Discouragement: In Kemp v. Regeneron Pharmaceuticals, the 2nd Circuit Finds FMLA Violation Without Outright Denial of...

Most employers have gotten the hang of handling FMLA requests: Make sure the employee is eligible; get paperwork from the provider; and monitor the amount of time taken. Whether all supervisors are overjoyed with every...more

Akerman LLP - HR Defense

Understanding the Pregnant Workers Fairness Act: What Employers Need to Know

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The Pregnant Workers Fairness Act (PWFA) is growing up very quickly, and the EEOC has been working fervently, through a combination of guidance and enforcement measures, to ensure it thrives. Specifically, just shy of the...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Constangy, Brooks, Smith & Prophete, LLP

Don't want an EEOC pregnancy lawsuit? Then DON'T do these 4 things.

Stuff's getting real. As many of you know, the U.S. Equal Employment Opportunity Commission is starting to sue employers who it claims are not complying with the reasonable accommodation requirements of the Pregnant Workers...more

Constangy, Brooks, Smith & Prophete, LLP

Managing Employee Leave Under the FMLA and ADA

Managing employee leave rights under the Family and Medical Leave Act and the Americans with Disabilities Act often leads to confusion and is fraught with legal pitfalls. Join Constangy attorneys Elysia Analo and Sarah Phaff...more

Littler

Littler Lightbulb: September Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

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