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Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides […]
When launching an arbitration agreement, you must understand the pros and cons of requiring your employees to sign one as well as which workers should be covered and the hurdles of enforcement. Depending on the potential value of the claim to be arbitrated, the filing fee could result in a five-figure charge just to initiate […]
Q: An employee is having an elective surgery that won’t require an overnight hospital stay, but she will be off work for two weeks to recover and will possibly have some restrictions afterward. Will her surgery and time off be covered under the Family and Medical Leave Act (FMLA)? A: Under the FMLA, an eligible […]
By Kate McGovern Tornone, Editor A federal appeals court has allowed an employee to proceed with his Family and Medical Leave Act (FMLA) claims because his employer failed to provide him with the mandatory job restoration notice.
An employee who was “forced” to work both during her pregnancy and immediately after her child’s birth, rather than take leave under the Family and Medical Leave Act, may have a viable FMLA interference claim when the employer later penalizes her, to the point of employment termination, for alleged poor performance, the 11th U.S. Circuit […]
by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]
When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best that at a minimum, the boss Find Methods to Limit Analogies. The article in the […]
by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]
by Joseph C. Pettygrove The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual […]
We all know that an employee need not specifically state that she requires a leave of absence under the Family and Medical Leave Act (FMLA). What we don’t know is how much (or how little) an employee has to say in a particular situation to put the employer on notice that she is seeking FMLA […]