Tag: Leave Management

FMLA Retaliation: Employment Action Must Cause Actual Harm, Court Rules

By Martin J. Regimbal, JD, The Kullman Firm In a recent decision, the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) addressed an employee’s claim of retaliation under the Family and Medical Leave Act (FMLA). The employee alleged a litany of purported adverse actions, but she provided no evidence that the […]

Family-Care Discrimination Cases On the Rise, and Employees Are Winning Them

Employers of all types and sizes should take note of a new study released by the Center for WorkLife Law at the University of California, Hastings College of the Law. The report, “Caregivers in the Workplace: Family Responsibilities Discrimination Litigation Update 2016,” identifies workplace trends that have led to rapid growth in lawsuits brought by […]

New Chicago ordinance will require employers to provide paid sick leave

by Steven L. Brenneman On June 22, the Chicago City Council passed an ordinance that will require nearly all employers in Chicago to provide paid sick leave to employees. The ordinance, which passed 48-0 despite opposition from business and employer groups, follows the lead of similar laws in several states and more than a dozen […]

New York Has New Paid Family Leave Law

The 2016 budget bill (S.B. 6406C) signed into law on April 4 by New York Governor Andrew Cuomo includes a paid family leave program that will provide partially-paid leave to nearly every employee in the state. New York is the fourth state, following California, New Jersey and Rhode Island, to enact a paid family leave program administered as part […]

Experts Say Paid Sick Leave Rule Will Create Burdens for Contractors

In recent series of articles, Senior Legal Editor Susan Schoenfeld outlines the Office of Federal Contract Compliance Program’s (OFCCP) proposed paid sick leave rule, its requirements, and the time frame for compliance. But what will the paid sick leave requirements really mean for government contractors? What should contractors be doing now to ensure compliance when […]

Determining FMLA Eligibility for Leave to Care for an Adult Child

An eligible employee’s daughter has been diagnosed with cancer at age 19. The daughter’s cancer would meet the Americans with Disabilities Act’s definition of disability. Even if the daughter’s cancer goes into remission, it will continue to meet the ADA’s definition of disability because the active condition substantially limits a major life activity—normal cell growth.

Employee’s FMLA Retaliation Claim Will Go to Trial

By William D. Pandolph, JD,  Sulloway & Hollis P.L.L.C. A New Hampshire employee’s Family and Medical Leave Act (FMLA) retaliation claim recently survived the employer’s attempt to get it thrown out before trial. The court rejected the employer’s argument that there was a lack of evidence of retaliation on its part.

Ask the Expert: Impact of FMLA on Salary Threshold for Overtime Exemption

I have two questions regarding the salary threshold for exemption.  1) Can a rental discount for an employee who lives onsite at an apartment community managed by his employer count toward the salary threshold for overtime exemption? 2) If a salaried exempt employee takes Family and Medical Leave Act (FMLA) leave during the year, does […]