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Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

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Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

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Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Tucker Arensberg, P.C.

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

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When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

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In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

Adams and Reese LLP

Mandatory PFML Requirements for Employers in the “Swamp” and “Rocky Mountain High”

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This month, in the final part of our Adams and Reese Paid Family and Medical Leave series, we examine highlights of the mandatory PFML laws in Colorado and the District of Columbia, two other jurisdictions within the Adams...more

Brownstein Hyatt Farber Schreck

Nevada Expands Domestic Violence Leave Law to Include Sexual Assault

Starting in January, Nevada employers will need to update their leave policies and posted employment notices to reflect recent legislation seeking to accommodate sexual assault victims....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Paid Family and Medical Leave Program: December 2023 End-of-Year Update

The Massachusetts Department of Family and Medical Leave (DFML) recently provided several significant updates related to the Commonwealth’s paid family and medical leave (PFML) program as 2023 comes to a close. ...more

ArentFox Schiff

Significant Changes to Massachusetts Paid Family Leave Coming on November 1, 2023

ArentFox Schiff on

Beginning on November 1, 2023, employees receiving paid benefits under the Massachusetts Paid Family and Medical Leave law (PFML) can supplement, or “top off,” the state paid benefit with other accrued paid time off such as...more

Sands Anderson PC

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

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Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

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As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

BCLP on

Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more

Schwabe, Williamson & Wyatt PC

What Else Happened During COVID: A Recap of Non-COVID-Related Employment Law Changes in Oregon Since 2020

In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to...more

Poyner Spruill LLP

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

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The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

Foster Swift Collins & Smith

[Hybrid Event] What Employers Need to Prepare for in 2023 - October 12th, 9:00 am - 11:30 am ET

There is a lot that employers need to prepare and plan for in 2023. Join us at our Fall 2022 Labor & Employment Law Update which will discuss major issues and developments that your company needs to address now...more

Dentons

Discipline Notes as a Lawsuit Defense

Dentons on

One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Grady Memorial Hospital for Disability Discrimination

Atlanta Hospital Refused to Accommodate Employee’s Disability and then Fired Her, Federal Agency Charges - ATLANTA – Grady Memorial Hospital Corporation, a public hospital in Atlanta, violated federal law by failing to...more

Akerman LLP - HR Defense

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more

Miller Nash LLP

Washington PFML Update: Bereavement Leave for Death of a Newborn, Expiration of PFML CBA Exemption, and More

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Among other changes to the Washington Paid Family Medical Leave (“PFML”) program contained in SB 5649, effective June 9, 2022, when a newborn or newly adopted/fostered child dies, employees who would have qualified for either...more

Poyner Spruill LLP

How Much Is Too Much When Asking An Employee for Medical Records Under the ADA?

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A common question among employers faced with determining whether an employee can safely perform the essential functions of their job is how much and what type of medical information and records can be requested from the...more

Morgan, Brown & Joy, LLP

Massachusetts Department of Family and Medical Leave Has Issued Important Guidance on 2022 Benefit Calculations

On December 13, 2021, the Massachusetts Department of Family and Medical Leave (DFML) issued guidance on various topics related to MA Paid Family and Medical Leave law (“PFML”), including the impact of the changes to the...more

Bowditch & Dewey

[Ongoing Program] 13th Annual Employment Law Update - Part 1 - February 1st, 2:00 pm - 3:30 pm ET

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Join us (virtually) for the 13th Annual Law Update, where we’ll review 2021 hot topics in employment law and look ahead to 2022. The two programs will cover different topics so please sign up for both, if appropriate. ...more

Bennett Jones LLP

Contradictory Decisions: Ontario Judges on Infectious Disease Emergency Leave

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Last month, we wrote about a recent decision of the Ontario Superior Court in Coutinho v Ocular Health Centre, which found that employees placed on a temporary leave under O. Reg 228/20 Infectious Disease Emergency Leave (the...more

Seyfarth Shaw LLP

Massachusetts PFML Update: Employees May Begin To Use Paid Family Leave To Care For A Family Member on July 1, 2021

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Seyfarth Synopsis:  Massachusetts rolled out its Paid Family and Medical Leave (PFML) benefits in two phases, with most benefits available as of January 1, 2021.  Paid leave benefits to care for a family member with a serious...more

Shook, Hardy & Bacon L.L.P.

Massachusetts Paid Family and Medical Leave Benefits Available to Employees, Effective 2021

New provisions of the Massachusetts Paid Family and Medical Leave (PFML) law went into effect on January 1, 2021. Employers with any workers in Massachusetts should be apprised of these new PFML benefits, which provide...more

Stoel Rives - World of Employment

Comment Period For Round Two of Proposed Paid Family and Medical Leave Rules Closes Friday

The Oregon Employment Department (“OED”) has posted its second set of proposed administrative rules implementing the Oregon Paid Family and Medical Leave Act (“PFMLA”). A link to the proposed rules is here and our blog about...more

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