News & Analysis as of

Family and Medical Leave Act (FMLA) Wage and Hour

Maynard Nexsen

Management’s Guide to Florida Employment Laws and Processes

Maynard Nexsen on

Florida largely follows federal employment laws, but under certain circumstances, Florida law provides greater protections to employees over and above its federal counterparts. This guide will highlight a few of these crucial...more

McAfee & Taft

Employer do’s and don’ts for applying accrued PTO to FMLA leave

McAfee & Taft on

The Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take up to 12 weeks of unpaid, protected leave during a 12-month period for absences resulting from covered family or medical...more

Fisher Phillips

5 Ways to Support Employees in the Sandwich Generation Managing Child and Elder Care

Fisher Phillips on

It’s hard enough to juggle a career and childcare responsibilities — but many employees with young children also have aging parents who need their help, too. Expenses, time constraints, emotional decision-making, and...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

Mintz - Employment Viewpoints

DOL Issues Opinion Letter Clarifying Intersection of FMLA and State or Local Paid Family and Medical Leave Benefits

Shortly before the Trump Administration started, the U.S. Department of Labor (DOL) issued an opinion letter clarifying the “substitution” provision under the federal Family and Medical Leave Act (FMLA) when it intersects...more

Kramer Levin Naftalis & Frankel LLP

DOL: Employers Cannot Mandate Use of PTO Concurrently With FMLA Leave When Employee Is Receiving Pay From a State or Local Family...

On Jan. 14, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers may not require, and employees may not unilaterally elect, to use accrued employer-provided...more

Jackson Lewis P.C.

The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs

Jackson Lewis P.C. on

Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these often-overlapping laws creates numerous issues including how to handle time...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

Bowditch & Dewey

Recent Shifts in Wage and Hour Law – Paid Time Off During FMLA Leave and Exempt Employee Status Challenges

Bowditch & Dewey on

January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more

CDF Labor Law LLP

SoCal Wildfires: Guidance For Employers Supporting Their Workforce Through Difficult Times

CDF Labor Law LLP on

Wildfires continue to sweep through Southern California, leaving thousands of people displaced as well as burning businesses to the ground. Beyond the personal and community impacts, wildfires present unique challenges for...more

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

Amundsen Davis LLC on

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...more

Littler

A Littler Report: Operating Through Emergencies & Natural Disasters

Littler on

No matter how much advance warning is provided or experience garnered, employers and employees are often caught off guard by the devastation and uncertainty natural disasters create. Whether wildfires, hurricanes, tornadoes,...more

Perkins Coie

LA Fires: Employer Considerations in Light of the Disaster

Perkins Coie on

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

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

DOL Clarifies That FMLA Paid Leave Substitution Rules Apply When Employees Receive State or Local Paid Leave Benefits

As more states implement paid family leave programs, employers increasingly are faced with questions about how these state programs interact with Family Medical Leave Act of 1993 (FMLA) regulations. A recent opinion letter...more

Littler

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

Littler on

On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Buchalter

Wildfires and the Workplace: What California Employers Must Know to Ensure Safety and Compliance

Buchalter on

The devastating wildfires in Los Angeles area continue to profoundly impact our community, presenting complex challenges for employers and the workforce. As evacuation orders, curfews, and hazardous conditions persist, it is...more

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

Wildfires in Los Angeles: Key Considerations for Employers Navigating Disaster Response and Compliance

Wildfires continue to rage across the Los Angeles area, causing death, massive destruction of property, and forcing tens of thousands to flee their homes. President Biden has approved a “Major Disaster Declaration” for...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s 10 must-read articles of 2024

As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2025

Jackson Lewis P.C. on

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

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

Jackson Lewis P.C.

Illinois’ Cook County Amends Paid Leave Rules: It’s Time for Employer Policy Review

Jackson Lewis P.C. on

Employers in Cook County, Illinois face additional requirements now that amendments to the Final Interpretive and Procedural Rules governing the Cook County Paid Leave Ordinance were approved by the Cook County Board of...more

Shipman & Goodwin LLP

Connecticut’s New Paid Sick Leave Law: What Independent Schools Need to Know

Shipman & Goodwin LLP on

On January 1, 2025, an updated version of Connecticut’s paid sick leave law will become effective. This new law will pose unique compliance challenges for independent schools, who should proactively consider how they will...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

Jackson Lewis P.C.

Maine Paid Family and Medical Leave Program Update: Labor Department Releases Finalized Rules

Jackson Lewis P.C. on

On December 4, 2024, the Maine Department of Labor (DOL) adopted finalized rules for the Maine Paid Family and Medical Leave Program (PFML). This rulemaking follows the Maine Legislature’s passage of the new law in 2023....more

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