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Retaliation Employer Liability Issues Medical Leave

Littler

Littler Lightbulb: August Appellate Roundup

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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

Perkins Coie

2023 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more

Venable LLP

Responding to Mental Health Accommodation Requests

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Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Manatt, Phelps & Phillips, LLP

Employee’s Suit Over Possible Termination Due to COVID-19 Moves Forward

An employee who was allegedly terminated for taking several days of medical leave for a respiratory illness that could have been COVID-19 can move his lawsuit forward, a New York federal court has ruled....more

Fisher Phillips

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

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Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before,...more

Spilman Thomas & Battle, PLLC

Rise in Employment Law Claims: Knowing the Risks and the Long-Term Legal Implications Anticipated from the COVID-19 Pandemic

The COVID-19 pandemic hit employers hard and fast, causing employers to deal with loss of revenue, tough decisions in regard to workforce and pay issues, and new laws and other guidelines that had to be analyzed and...more

Epstein Becker & Green

New Jersey DOL Issues Regulations Implementing COVID-19 Anti-Retaliation Law

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On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that...more

Genova Burns LLC

Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before

Genova Burns LLC on

On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more

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

FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation

In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family...more

Fisher Phillips

Heed The Flashing Lights – Or 5 Ways To Avoid An Employment Litigation Trainwreck

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When railroad crossing lights flash and whistles blare, everyone knows to stop, look, and listen. Those signals represent a warning, not a permanent roadblock to proceeding. The same is often true of workplace controversies....more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

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Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

BCLP

When Employee’s Trip to the Beach May NOT Support A Suspicion of FMLA Fraud

BCLP on

Employers are not obligated to tolerate employee misuse of FMLA leave.  Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more

Constangy, Brooks, Smith & Prophete, LLP

Ten Ways Employers Get Themselves Sued (Part One)

Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You'd rather binge-watch Seasons 1-3 of Stranger Things than go for a...more

Fisher Phillips

Honesty Is The Best Policy: An Employer’s Guide To Combatting FMLA Fraud And Abuse

Fisher Phillips on

It is officially summertime. And with warm temperatures and the draw of fun in the sun comes one of the largest challenges for leave and absence managers: Family and Medical Leave Act (FMLA) fraud and abuse. Unfortunately,...more

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

I Hate My Boss: Sixth Circuit Shuts Down ADA Request for Less Stressful Boss

The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who...more

Fisher Phillips

November 2018: The Top 12 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

U.S. Equal Employment Opportunity Commission...

Lockheed Martin Sued by EEOC For Disability Discrimination And Retaliation

Aerospace Company Refused to Reasonably Accommodate Administrative Assistant with Cognitive Processing Disability, Fired Her, Federal Agency Alleges - WASHINGTON - Lockheed Martin Corporation and Lockheed Martin...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Corizon Health Care Companies for Disability Discrimination

Nationwide Health Care Provider for Jails Denied Reasonable Accommodations to Employees With Disabilities, Federal Agency Charges - PHOENIX - Nationwide health care companies Corizon Health Inc., and Corizon LLC...more

U.S. Equal Employment Opportunity Commission...

Custom Fabrication & Engineering Sued by EEOC For Disability Discrimination And Retaliation

Company Refused to Return Employee to Work After Stroke Because It Regarded Him as Disabled and Fired Him for Filing a Charge, Federal Agency Charges - LITTLE ROCK, Ark. - Custom Fabrication & Engineering, doing business...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Seyfarth Shaw LLP

Be Careful Of Comments On Healthcare Costs: Sixth Circuit Denies Summary Judgment On ERISA Interference And Retaliation Claims...

Seyfarth Shaw LLP on

Seyfarth Synopsis:   An employer, which had paid medical expenses on behalf of an employee’s dependent son, made comments about the company’s rising healthcare costs several months before firing the employee. The Sixth...more

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

Second Circuit Lowers Bar for Causation in FMLA Retaliation Claims

The U.S. Court of Appeals for the Second Circuit recently ruled that to advance a viable claim for retaliation under the Family and Medical Leave Act (FMLA), an employee need only demonstrate that exercising his or her rights...more

Foley & Lardner LLP

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

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Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

Littler

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

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Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says "Cat's Paw" Theory Applies to FMLA Retaliation Claim

Employers sometimes defend retaliation claims by responding that the person or persons making the adverse employment decision was not aware of the plaintiff’s prior complaint. In the employment discrimination context, the...more

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