Managing Employee Leave Under the FMLA and ADA
Eleventh Circuit Court of Appeals Backs Employer’s Denial of FMLA Leave
#WorkforceWednesday: Pregnant Workers Fairness Act Takes Effect, EEO-1 Report Filing Start Date Pushed Back, DOL Clarifies FMLA Leave for Paid Holidays - Employment Law This Week®
Podcast: California Employment News - Department of Labor Guidance on Telework
California Employment News: Department of Labor Guidance on Telework
#WorkforceWednesday: Federal Focus on Mental Health, FTC and Noncompetes, Gig Work Risks for Hospitals - Employment Law This Week®
Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off
On-Demand Webinar | Navigating Leave and Disability Protection Laws During COVID-19: A Practical Guide for California Employers
Can Employers Require COVID-19 Vaccinations?
Employment Law Under the Biden Administration
PODCAST: Williams Mullen's Benefits Companion - New Round of COVID-19 Relief Expands Assistance for Employers
#WorkforceWednesday: CDC Permits Shortened Quarantine Periods, CAL/OSHA COVID-19 Regulations, NY Amends WARN Act - Employment Law This Week®
Labor & Employment Law: Vermont and Federal Legislative Update
Updates to Paid Leave Requirements Under FFCRA
#WorkforceWednesday: CDC Reversals, New FMLA Forms, Tracking Unscheduled Work - Employment Law This Week®
Employment Law Now IV-77- Breaking: Federal Judge Invalidates Portions of the DOL’s FFCRA Regulations
How School Reopening Plans May Affect Paid Leave for Working Parents and Employers by Judy Garner
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 2
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 1
Nichole Atallah Comments on Small Business Benefits in CARES Act, FFCRA, and EFMLA
You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more
For a retaliation claim under the Family and Medical Leave Act (“FMLA”), must an employee show that an adverse employment action would not have happened but-for (i.e., it happened only because of) the employee’s request for...more
The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more
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
A federal appeals court recently raised the bar for employees who want to bring retaliation claims after they request Family and Medical Leave Act leave – but this doesn’t mean that employers should let their guard down....more
On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees...more
Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more
An employer with documented evidence of performance issues before an employee took leave under the Family and Medical Leave Act (FMLA) did not run afoul of the statute when it terminated the employee upon her return, the...more
Fitness company SoulCycle recently reached a settlement in a New York-based pregnancy discrimination lawsuit brought by a former executive who alleged the company’s pandemic-based reasoning for her termination was actually...more
Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more
The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more
On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more
While the country remains focused on the COVID-19 pandemic, U.S. employers cannot ignore the ongoing opioid epidemic or how it may affect their workforces. On August 5, 2020, the Equal Employment Opportunity Commission...more
Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims...more
Q: An employee in my company has requested intermittent leave as an accommodation for what he claims is a debilitating “anxiety,” but he has no job performance issues and seems fine to me. Are we required to provide a...more
While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more
Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all. Managing employee attendance problems and preparing for...more
As public support for the legalization of cannabis has steadily increased, the majority of states in the U.S. have responded by legalizing the use of cannabis, with 33 states and the District of Columbia permitting the use of...more
On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for...more
In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more
Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more
On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more
Picture this. You have just settled a problem workers’ compensation case and you or your carrier have disbursed settlement checks totaling $100,000 in exchange for a full and complete compromise and release of “any and all...more
Q. Can I discharge an employee if I believe that he or she is misusing FMLA? A. According to a recent Third Circuit opinion, an employer’s honest belief that its employee misused FMLA leave is sufficient to defeat an...more
A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more