Tag: lawsuits

Ask the Expert: Is There Any Flexibility in FMLA Eligibility?

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding political discussions (and disagreements) in the workplace. Q: I have an employee who has requested FMLA and has worked for us for 11 months, but has worked […]

Circumstantial Evidence Can Prove Retaliatory Anti-Whistleblower Motive

Wrongful termination suits often rely on proof of motive—did the employer terminate the employee for an unlawful reason? But employers that act for illegal motives aren’t likely to admit it, so the law has established ways to prove unlawful motives through circumstantial evidence. But there is more than one formula for that proof, depending on […]

FMLA

Mishandling Return to Work in Worker’s Comp Context Risks FMLA Liability

When an employee is injured on the job, the federal Family and Medical Leave Act (FMLA) or the state-specific leave statutes may confer benefits in addition to what a state’s worker’s compensation provides. Employers subject to the FMLA should consider how the law interacts with their state’s worker’s comp law when FMLA-eligible employees need time […]

#Metoo Comes to the Playing Field

The National Football League (NFL) recently levied a $10 million fine against the Washington Football Team (WFT) for fostering a workplace culture loaded with sexual harassment, bullying, and intimidation. The fine, imposed at the end of a months-long investigation, is one of the harshest penalties the league has ever assessed. The money will be used […]

arbitration

Class Action Claim Dismissed: No Evidence of Injury Due to Alleged COBRA Notice Violation

Many cases have recently challenged the technical content in various employer-provided COBRA notices. The premise of these lawsuits has been that even minor deviations from COBRA regulations from the U.S. Department of Labor (DOL) should make a plan administrator liable for penalties even if the notices otherwise included comprehensive COBRA information. Certainly, plan administrators should […]

Alabama Enacts Law to Provide Immunity From COVID-19 Lawsuits

Persons who recover from COVID-19 are believed to develop immunity from further infection for some as-yet undetermined amount of time. On February 12, the Alabama Legislature created (and Governor Kay Ivey signed) a more certain form of immunity protecting businesses and other organizations from lawsuits that blame them for illness from the virus. The new […]

COVID-19

Employers Facing ‘Onslaught’ of New Litigation Under FFCRA

When Congress passed the Families First Coronavirus Response Act (FFCRA), we all knew it wouldn’t take long for some interesting new lawsuits to spring up. We were right—employers are facing an onslaught of litigation primarily alleging they retaliated against employees for seeking and/or using the FFCRA’s leave and sick pay provisions. While most of the […]