Discrimination, Hiring & Firing, Family and Medical Leave Act (FMLA)

Littler Lightbulb: September Appellate Roundup

Littler on 10/11/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Littler Lightbulb: August Appellate Roundup

Littler on 9/6/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

Bradley Arant Boult Cummings LLP on 12/22/2022

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

ABCs of Employment Law: Employment at will

Constangy, Brooks, Smith & Prophete, LLP on 9/16/2022

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Asking Applicants For Vax Status? Not So Fast, Employers.

Constangy, Brooks, Smith & Prophete, LLP on 10/8/2021

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

The Insidious Deception That Is "Employment At Will"

Constangy, Brooks, Smith & Prophete, LLP on 5/28/2021

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Summary of Select New Laws Impacting California Employers

Brownstein Hyatt Farber Schreck on 12/14/2017

The new year will bring many changes to California’s employment laws in various areas, including hiring practices (such as a statewide “ban the box” law); leaves and benefits (including expansion of parental leave to small...more

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/22/2017

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

EEOC Sues Connections CSP For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 7/18/2017

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

EEOC Sues Capstone Logistics For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 7/18/2017

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

Different but Equivalent: Fourth Circuit Clarifies Parameters of Leave Under Family and Medical Leave Act

Smith Debnam Narron Drake Saintsing & Myers,... on 7/3/2017

On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position...more

A Diamond in the Rough (Part 2): What the Eleventh Circuit Said about FMLA Retaliation Claims

Bradley Arant Boult Cummings LLP on 4/11/2017

My last post talked about Diamond v. Hospice of Florida Keys and what the Eleventh Circuit said about FMLA interference claims. As promised, this post will look at the Diamond decision’s take on the FMLA retaliation front....more

“I’ll Be Back To Work Soon”: Massachusetts Addresses An Employer’s Obligations When Employee On Leave Gives An Indefinite Return...

Seyfarth Shaw LLP on 3/17/2017

Seyfarth Synopsis: On February 5, 2017, in M.C.A.D. v. Country Bank for Savings, the Massachusetts Commission Against Discrimination (“MCAD”) held that an employer engaged in unlawful disability discrimination when it...more

Top 5 HR resolutions for not getting sued in 2017

FordHarrison on 12/20/2016

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb...more

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

Bradley Arant Boult Cummings LLP on 9/1/2016

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/19/2016

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

That is SO last week - September 2015 #4

Zelle LLP on 9/28/2015

No matter how many times employment lawyers say that the ADA may require employers to provide more leave than the FMLA’s 12 week allotment, some just don’t get the message. Last week, the EEOC announced a $300,000 settlement...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Bradley Arant Boult Cummings LLP on 9/9/2015

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

That is SO last week - June 2015 #3

Zelle LLP on 6/30/2015

Last week's historic U.S. Supreme Court decision on same-sex marriage dominated the news across the country. Among its many effects, this ruling means that human resources departments will be busy revising Family and...more

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

Littler on 6/16/2015

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years. The new...more

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

Holland & Knight LLP on 6/16/2015

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

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