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Government employees and officials are granted “qualified immunity” in suits where they act in good faith and with a reasonable belief that their actions comply with the law. Most frequently, qualified immunity is discussed in connection with cases alleging the use of excessive force by police officers. However, a recent case before the U.S. 8th […]
Most HR professionals are aware that under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and similar state laws, they have to provide military leave for employees with military service obligations, such as those who serve in the National Guard and military reserves, and reemploy them when the duty is over. What often isn’t […]
The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. Recently, the U.S. Department of Labor (DOL) reminded employers that mental health affects both employees […]
We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions, such as heart attacks or surgeries. The application of FMLA protection for mental health conditions is more nuanced, however. Mental health conditions are increasing worldwide. According to the World Health […]
Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]
On March 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued guidance on forms of prohibited retaliation under various laws the agency enforces, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), immigration visa programs, and other laws and executive orders. The new guidance suggests […]
An “airball,” or a basketball shot that misses the backboard, rim, and net entirely, sums up an appeals court’s recent opinion about the Family and Medical Leave Act (FMLA) retaliation and interference claims filed by a college coach. The ruling contains multiple lessons for all Texas employers covered by the Act.
On March 6, 2022, HBO premiered the show Winning Time: The Rise of the Lakers Dynasty, chronicling the showtime era of the Lakers dynasty. The show is based on the book Showtime: Magic, Kareem, Riley, and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman. The show focused not only on star athletes […]
What happens when an employee doesn’t return from Family and Medical Leave Act (FMLA) leave and later requests unemployment benefits? The Arkansas Court of Appeals recently addressed the issue.
The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the benefit, just that it was withheld. The employer’s motives are irrelevant when determining whether interference occurred. Of course, the […]