News & Analysis as of

Family and Medical Leave Act (FMLA) Corporate Counsel Employment Policies

Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Spilman Thomas & Battle, PLLC

FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more

Poyner Spruill LLP

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

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The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

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

Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

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Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Fisher Phillips

An Employer’s Guide to Rethinking Bereavement Policies for a Modern Approach to Well-Being

Fisher Phillips on

Now more than ever, employers are focusing on the mental health and well-being of their employees, recognizing that allowing them time for self-care is a key component of work-life balance. Losing a loved one is one of the...more

Fisher Phillips

Federal Appeals Court Throws Up a Flare for Intermittent FMLA Leave Compliance

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A federal appeals court just ruled that an employee had provided sufficient notice for his need for intermittent FMLA leave and subsequent absences due to “flare ups” of recurrent depression – even though he had only provided...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

Woods Rogers

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 24th, Roanoke, VA

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Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Woods Rogers

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 20th, Charlottesville, VA

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Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Woods Rogers

[Hybrid Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 19th, Norfolk, VA

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Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Woods Rogers

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 13th, Richmond, VA

Woods Rogers on

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Woods Rogers

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 6th, Lynchburg, VA

Woods Rogers on

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Steptoe & Johnson PLLC

Fourth Circuit Rules That “Usual and Customary” Notice Procedures Are Not the Same as a Written Policy

Steptoe & Johnson PLLC on

In Roberts v. Gestamp West Virginia, LLC, the Fourth Circuit Court of Appeals—which covers Maryland, West Virginia, Virginia, North Carolina, and South Carolina—held that when an employer allows an employee to use an informal...more

Parker Poe Adams & Bernstein LLP

Does a Facebook Message Satisfy FMLA Notice Requirements?

On August 15 in Roberts v. Gestamp W. Va., LLC, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) concluded that a jury must decide whether an employee’s Facebook message to his...more

Jackson Walker

Avoiding Retaliation Claims Under the Family Medical Leave Act

Jackson Walker on

In addition to requiring employers to accommodate employees requesting covered family or medical leaves, the federal Family Medical Leave Act (FMLA) prohibits retaliating against an employee for exercising FMLA rights. The...more

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

Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA)...more

Sherman & Howard L.L.C.

[Virtual] 2021 Labor & Employment Seminar for In-house Counsel and HR Professionals - June 3rd, 9:00 am - 2:00 pm MT

Join Sherman & Howard virtually for our annual Labor & Employment seminar. This event features dynamic speakers and practical takeaways for in-house counsel and HR professionals. FEATURED PRESENTATIONS: - Supreme Court...more

White and Williams LLP

Words Matter in Attendance Policies

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The Third Circuit Court of Appeals recently identified the difference between merely “requesting” Family and Medical Leave Act (FMLA) leave and “requesting and reporting” FMLA leave. At issue in the case was the employer’s...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

New COVID-19 Lawsuit Sends Warning To Employers Too Large To Be Covered By FFCRA

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A terminated Kroger Co. distribution center worker has just sued the grocery store giant over its handling of absences for what she alleges were COVID-19 symptoms. The most interesting aspect of this claim is that the...more

Stoel Rives - World of Employment

Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)

With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation. Among many issues to consider is how to treat...more

Ward and Smith, P.A.

In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues

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Hammertime Security is a nationwide cybersecurity firm whose in-house counsel faces a slew of tricky legal problems: - Managers posting unprofessional content on social media - Employees publicly complaining about...more

Littler

Coronavirus: Employer Action Items

Littler on

Employers are struggling to determine how to respond to the 2019 novel coronavirus (2019-nCoV) outbreak, which, while originating in China, has swiftly turned into a perceived international crisis, upending financial markets,...more

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