Is Your Workplace Mother Friendly? The Answer May Surprise YouÃÂ
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
This article concerns a mothers the right to breast-feed their babies in any location in which the mother is authorized to be.
Montana Legislature Considering Several Bills of Interest to Employers
Jeanne Matthews Bender of Holland & Hart LLP
Although no labor or employment legislation has yet been enacted into law, the Montana Legislature is considering several bills of interest to employers.
Combined Effect of Several Ailments May Create "Serious Health Condition" Under FMLA.
Duff, White & Turner, LLC
To this point, federal courts have been reluctant to expand upon the already expansive definition of "serious heal.
Complying With the Family and Medical Leave Act
Paul Jerome Richey of Buchanan Ingersoll & Rooney PC
INTRODUCTION The Family and Medical Leave Act (FMLA), which went into effect on August5, 1993, provides that an e.
Are You Entitled To A Medical Leave Of Absence?
Eskridge Law
The California Family Rights Act ("CFRA") and the federal Family and Medical Leave Act ("FMLA") provide eligible em.
Recent Developments under the Family and Medical Leave Act
Smith, Currie & Hancock LLP
Since its inception in August of 1993, the Family and Medical Leave Act (FMLA) has provided employers and human res.
Navigating the Military Leave Minefield
Judith A. Biggs of Holland & Hart LLP
As our country prepares for war, employers may be faced with the question of how to deal with employees who may volunteer for or be called to active duty. What is your obligation to provide leave to these employees? Under what circumstances and for how long are you required to reemploy them? And what rights do they have to continue participating in your benefit plans while they are on leave?
The Domestic Partner Rights and Responsibilities Act Presents
Rod M. Fliegel and Cathy S. Beyda of Littler Mendelson, P.C.
California's expanded domestic partnership law, effective January 1, 2005, presents thorny issues for California employers covered by both the state and federal family leave laws.
Making Part-Day Deductions From Leave Banks of Exempt Washington Employees? Better Do It RightÃÂ
Susan Eberle Stahlfeld of Miller Nash LLP
Are you taking part-day deductions from the leave banks of employees exempt from overtime when the employees leave work early because of illness or vacation? If so, you need to be aware of a new regulation that takes effect on February 21, 2003.
Navigating The Workers' Compensation/ADA/FMLAMinefield: How To Get Your Employees On Workers'Compensation Back To Work And Avoid Liability UnderFederal And/Or State Law
Peter S. Hicks and Megan L. Pedersen of Williams Kastner
To avoid having to pay substantial time loss compensation, employers should attempt to find light duty work for an injured employee. But light duty work is not without its perils.
Working Hard or Hardly Working?
David G. Evans*
California is a worker's paradise when it comes to taking time off from work. The Golden State provides for family leave under the California Family Rights Act (CFRA).
Hiring and Firing Not Sufficient to Be A Managing Agent for Corporate Punitive Damage Liability
Paul W. Cane Jr.,Ethan Lipsig and Kendra Cheves of Paul, Hastings, Janofsky & Walker LLP
In White v. Ultramar, Inc, the California Supreme Court ruled that the a supervisory employee is not a managing agent for the purpose of corporate punitive damage liability by the mere ability to hire and fire.
Seventh Circuit Rules Title VII Burden Shifting Analysis Does Not Apply To FMLA Cases
Ford & Harrison LLP
In a recent decision from the United States Court of Appeals for the Seventh Circuit, the court ruled that the burd.
Employees would rather have Better Benefits than Higher Salaries
Stephen H. Cypen of Cypen & Cypen
Contrary to our own personal observations, a recent survey shows that over half of workers between ages 25 and 33 .
FMLA Compliance Guide
United States Department of Labor-Office of the Solicitor
This publication provides information to Small Businesses on how to comply with the requirements of the Family and Medical Leave Act.
California Legislative Update
Pillsbury Winthrop Shaw Pittman LLP
California Legislative Update Governor Davis recently signed into law AB 60, which will reinstate the eight-hour .
New Law Grants FMLA--Type Leave Rights to Domestic and Sexual Violence Victims
Neil G. Wolf and Michael F. Rosenblum of Wildman, Harrold, Allen & Dixon LLP
The Victims? Economic Security and Safety Act was signed by Governor Rod Blagojevich on August 25, 2003. It became effective immediately. Modeled generally on the federal Family and Medical Leave Act ("FMLA"), the Illinois Act grants up to 12 weeks of unpaid leave to a victim of domestic or sexual violence, a victim?s family members, as well as other individuals ?jointly residing in the same household.?
Court Upholds Regulation That Could Require More Than Twelve Weeks of FMLA Leave
Bodman LLP
The Sixth Circuit Court of Appeals recently endorsed a Labor Department regulation that requires employers.
Appeals Courts Provide FMLA Relief
In July, the Eleventh Circuit Court of Appeals, which covers Florida, ruled invalid the Family and .
NJ Supreme Court Clarifies Leave Rights of Pregnant Employees Under New Jersey's Law Against Discrimination
Michael T. Grosso of Littler Mendelson, P.C.
In Gerety v. Atlantic City Hilton Casino Resort, 2005 N.J. LEXIS 931 (July 25, 2005), the Supreme Court of New Jersey held that pregnant employees are not entitled to preferential leave treatment under the New Jersey Law Against Discrimination (LAD).
Ten Keys To Successful Personnel Management In Local Government?
Campbell, Durrant & Beatty, P.C.
Governments find themselves in personnel litigation more often than private sector employers.
Medical Leave of Absence
Eskridge Law
The topic of this month's Employment Law Bulletin is medical leaves of absence under the California Family Rights .
Flu Covered by FMLA
Parsons Behle & Latimer
The Family and Medical Leave Act ("FMLA") allows a covered employee up to 12 weeks of unpaid leave because of a "serious health condition." Minor ailments are not covered by the FMLA.
Court Limits Application of Family and Medical Leave Act
Dudley F. Woody of Woods Rogers PLC
A federal regulation expanding the scope of eligibility under the FMLA is unconstitutional, according to a recent d.
Labor & Employment Update--March 1999
Brobeck Phleger & Harrison LLP
This labor and employment report contains articles entitled: Federal Jury Says State Trooper Was Denied Family Leave Based On Gender; Extended Leave May Be Reasonable Accommodation Of Disability; Failure To Provide Medical Information Dooms Accommodation Claims; and Differences In Qualifications Must "Jump Off The Page And Slap You In The Face," Fifth Circuit Holds.
The How Long Must Employers Retain Employee Records?
Eskridge Law
Last month's bulletin addressed the need to retain various employee records. Since we received a couple e-mails ask.
Labor & Employment Update--January 2000
Brobeck Phleger & Harrison LLP
This article reviews the new labor and employment laws that one into effect in 2000.
What Is Required Of Employers
Sandra C. Garges of Warner Norcross & Judd LLP
The article provides a brief discussion of the change in employment rights when a company reaches a certain size.
Did You Know!? Employers Are Obligated To Actively Inform Their Employees Concerning Rights and Obligations Under The Family and Medical Leave Act
Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.
While most covered employers recognize and understand their obligation to provide leave under the Family and Medica.
Walking the FMLA Termination Tightrope
John W. Hamlin of Paul, Hastings, Janofsky & Walker LLP
With the enactment of federal and state statutes related to leaves of absence, employer discretion to terminate em.
Family & Medical Leave Act Developments
Smith, Currie & Hancock LLP
Throughout the years, the American workplace has become increasingly regulated and complex through the passage of l.
Employee Satisfaction -- The Key to a Successful Company
Shelly L. Freeman of Lathrop Gage
We know these truths to be self-evident: that the success of any company is directly linked to the satisfaction of the employees who embody that company; that retaining talented people is critical to the success of any organization; and that no matter how temporarily challenged the economy may be, ultimately, a company's most talented performers always have other employment options. So how do companies keep their most valued human resources?
Illinois General Assembly Passes Bill Granting FMLA-Type Leave Rights to Domestic and Sexual Violence Victims
Neil G. Wolf and Michael F. Rosenblum of Wildman, Harrold, Allen & Dixon LLP
The Victims' Economic Security and Safety Act, passed by the Illinois General Assembly on June 1, 2003, awaits action by Governor Rod Blagojevich. If the Act becomes law, it will create a major new set of employers' duties and employees' rights. Modeled generally on the federal Family and Medical Leave Act ("FMLA"), the Illinois Act grants up to 12 weeks of unpaid leave, in a 12-month period, to a victim of domestic or sexual violence (which includes domestic violence, sexual abuse or stalking, each as defined by the Illinois Criminal Code).
Preparing for Government Contract OFCCP Audits
Douglas B. M. Ehlke of Ehlke Law Offices
Is your affirmative action plan (AAP) up to date? How about your supporting documentation? Have you reviewed the latest requirements for interviews, job applications, vendor and supplier nondiscriminatory certifications, applicant flow logs and statistical analysis factors for utilization of minorities?
FMLA Leave: Does An Employer Have To Designate?
Saul Ewing LLP
Under the Family and Medical Leave Act (the "FMLA"), qualified employees may take up to twelve weeks of leave durin.
Reasonable Time to Heal Doctrine Reversed
Bodman LLP
On January 29, 1999, a special panel of the Michigan Court of Appeals issued its decision that the Persons with Dis.
Employer's Failure to Properly Designate Leave Results in Violation of FMLA
Duff, White & Turner, LLC
Even the nation's largest employers have experienced difficulty with the Family and Medical Leave Act's technical .
Labor & Employment Update--October 1998
Brobeck Phleger & Harrison LLP
This labor and employment report contains articles entitled: Federal Court Holds That Managers May Be Individually Liable For Violations Of The Family and Medical Leave Act; Claim For Discrimination Based On Work-Related Disability Not Barred By Workers' Compensation Exclusivity; California Court Grants Employers Greater Latitude In Deciding Which Employees To Lay Off; and Federal Appeals Court Extends Supreme Court Rulings To Claims of Racially Hostile Work Environment.
Employment and Labor Audits
Duff, White & Turner, LLC
Recent record jury verdicts and settlements in employment lawsuits have received a lot of publicity, and most emplo.
The Tangled Web We Weave: The Intersection of Workers Compensation and Labor and Employment Laws- Part II
John M. Cerilli of Buchanan Ingersoll & Rooney PC
ADA and Workers' Compensation Employees Covered by the ADA. The ADA prohibits employers from discriminating a.
Sword or Shield? Using Employee Handbooks
Fisher & Phillips LLP
With the incoming new year just around the corner, many employers will be "rolling out" new or revised policies and employee handbooks. For many reasons, this timing makes sense. For those considering implementing a handbook for the first time, or those who have not revised their existing handbook in several years but realize the need to do so, the following article is for your consideration.
FMLA Requires Reinstatement Even When Reinstatement Constitutes An Undue Hardship
Bodman LLP
The federal court of appeals in Boston has ruled that an employer is required under the FMLA to reinstate an employ.
Family And Medical Leave Roundup
Jeffrey M. Goodz of Buchanan Ingersoll & Rooney PC
The Family and Medical Leave Act requires employers with 50 or more employees to offer up to 12 weeks of unpaid le.
First Circuit Rules Twice On FMLA
Rudman & Winchell
The Family and Medical Leave Act (FMLA) specifically allows an "employee" to sue his or her employer.
FMLA Provides Right to Jury Trial
Paul, Hastings, Janofsky & Walker LLP
The Sixth Circuit Court of Appeals held that the FMLA provides the right to a jury trial.
Labor & Employment Update
Brobeck Phleger & Harrison LLP
The following topics are discussed in this issue of the Labor & Employment Update: OSHA decides to stay out of home-based worksites; Family/Medical Leave may expand to cover grandparents and domestic partners; board that acts reasonably has broad discretion to decide whether to settle numerous sexual harassment suits; plaintiff cannot transform a decision to quit into a wrongful firing; and employer must pay boss who successfully defended against harassment suit.
Family Medical Leave Notice and the Threshold Illness Period
Douglas B. M. Ehlke of Ehlke Law Offices
Two Federal Appeals courts clarify Family Medical Leave Act (FMLA) rights on two growingly common issues: 1) How restrictive can personnel departments make the hoops for employees to jump through for notification
of FMLA-leave claims? 2) Do partial-day absences count
toward constituting a "serious health
condition" justifying eligibility to claim
FMLA-leave benefits?
Dismissal of Employees on Extended Sick Leave
Jeffrey S. Klein,Nicholas J. Pappas and Brian D. Carlson of Weil, Gotshal & Manges LLP
This article reviews Sarno v. Douglas Elliman-Gibbons & Ives, Inc. whereby the Second Circuit held that an employer did not violate the Family and Medical Leave act by dismissing an employee after an extended sick leave. This article reviews the background and implications of this decision on the FMLA.
New Tax Law May Drive Down Employer Settlement Costs
Farella Braun + Martel LLP
Prior to President Bush's signature late last week of the new tax law (known as the American Jobs Creation Act of 2004), there was a split of authority in courts across the country on the issue of whether contingent attorney's fees paid directly to attorneys out of a judgment or settlement were excludable from the taxpayer's income or were includible in income. The courts in California consistently held that such contingent attorney's fees were includible into the taxpayer's income.
Same-Sex Marriage Adds to Employers' Challenges under New California Domestic Partner Laws
Nancy L. Ober and Paul R. Lynd of Littler Mendelson, P.C.
Recent moves toward legal recognition of same-sex marriage in two Canadian provinces and Massachusetts, as well as the issuance of same-sex marriage licenses by the City and County of San Francisco, have confused the picture for employers trying to understand their legal obligations under California's broad new domestic partnership law. Given looming changes, this is an opportune time for employers to review their benefit plans and consider whether the definition of "spouse" needs to be clarified to reduce the potential for later disputes over its meaning.
FMLA Leave: To Designate or Not Designate--That Was the Question
Michelle E. Coburn of Thompson, Coe, Cousins & Irons, LLP
At issue was a Department of Labor regulation related to the timely designation of leave under the Family and Medical Leave Act of 1993 ("FMLA"). The regulation provided an employer must designate leave as "FMLA leave," or else it does not count against the employee?s FMLA leave allotment.
Seven Deadly Sins Often Undertaken by Employers and How to Avoid Them
Warner Norcross & Judd LLP
This article outlines the "seven deadly sins" undertaken by employers and how to avoid these mistakes.
War and the Workplace: Staying the Course in Times of Crisis
Sherrie Travis and Beau C. Sefton of Wildman, Harrold, Allen & Dixon LLP
Current political and international events, most notably September 11 and the war with Iraq, have had a significant effect on the workplace. Employers are now keenly aware that they must take steps to prevent and prepare for catastrophe on a number of fronts. The employment-related impact of these world events arises in a number of ways, some obvious, some not so obvious. This article identifies areas of critical concern for employers and offers concrete ways to address and resolve them.
The Big Three: Worker's Compensation, ADA, FMLA
J. Michelle Childs of Nexsen Pruet
This article addresses some of the major areas of interplay between the FMLA, the ADA, and the South Carolina Workers' Compensation Act.
When Does An Employee Suffer From A "Serious Health Condition" Under CFRA?
Sheppard Mullin Richter & Hampton LLP
The California Family Rights Act ("CFRA") provides a qualified employee with up to 12 workweeks of protected "family care and medical leave." CFRA defines "medical leave" to include an employee's own serious health condition that makes the employee unable to perform the functions of the employee's job.
Considering the overlap of the ADA, FMLA and Delaware Workers' Compensation Law when dealing with absences of ill, injured, and disabled employees
Wendy K. Voss of Potter Anderson & Corroon LLP
Although all may be implicated by an employee's leave of absence, the ADA, FMLA, and Delaware's workers' compensation laws differ in terms of their purpose, coverage, rights, and requirements. The purpose of the FMLA is to give eligible employees the right to take unpaid leave because of the birth of a child or a serious health condition. The ADA protects qualified individuals with disabilities from employment discrimination. Finally, workers' compensation laws are designed to ensure employees are compensated for lost wages due to job-related injuries until they are able to return to work.
Eleventh Circuit Invalidates Family And Medical Leave Regulation
Jeffrey M. Goodz of Buchanan Ingersoll & Rooney PC
In a very controversial decision, the Eleventh Circuit Court of Appeals, which governs Alabama, Florida and Georgi.
Severance Agreements--Friend Or Foe?
Gayle L. Eskridge of Eskridge Law
A severance agreement is an contract entered into between a departing employee and the employer, by which the emplo.
What Is the Oregon Legislature Up to Now? The Top Ten Bills Affecting Employers
Bryan M. Westhoff of Miller Nash LLP
The regular session of the 2003 Oregon Legislature officially began in January. Since then, a number of bills have been introduced into the House or Senate that, if passed, could impact many employers. The following is our "top ten" list of bills, all of which are still in their infancy.
Injured Employees: You?ll Be Back WHEN?ÃÂ
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John L. Ross of Thompson, Coe, Cousins & Irons, LLP
This article concerns damage awards following a termination after an extended absence.
Tolerating Your Co-Workers
Karen Sutherland of Ogden Murphy Wallace, P.L.L.C.
Tolerance of co-workers can be more than an ethical or a management issue. In fact, the law does not require fair and courteous treatment of all employees. This article is intended for co-workers, but also for human resources professionals or other managers advising their company on issues that they face in having their co-workers tolerate each other.
Tips on Tackling Two Major FMLA Challenges: Intermittent FMLA Leave and Terminations During FMLA Leave
Alexis L. Pheiffer and Pamela M. Ploor of Quarles & Brady LLP
Although HR professionals may often feel otherwise, the FMLA is not an employee's passport to take protected leave whenever and under whatever conditions the employee pleases.
Seventh Circuit Gives Expansive Reading To FMLA
Ford & Harrison LLP
According to the Seventh Circuit Court of Appeals (Chicago), an employee with multiple diagnoses -including high bl.
Temporary Services, Staffing Companies and Their Customers: Are They Joint Employees or Not?
Charles S. Birenbaum and Robert Spagat of Thelen LLP
This article discusses some of the legal difficulties surrounding temporary staffing service and their and the staffed business liability in employment related suits.
Untimely Medical Certification Bars FMLA Claim
Kevin S. Mullen of Thompson, Coe, Cousins & Irons, LLP
In Urban v. Dolgencorp of Texas, Inc., the Fifth Circuit Court of Appeals struck a blow for employers attempting to manage employees' purported FMLA-protected leaves of absence, holding Dolgencorp was within its rights to terminate Urban when Urban failed to submit a medical certification supporting her request for FMLA leave.
Two Discrimination Cases Address Unique and Common Situations
Matthew C. Lonergan of Boult, Cummings, Conners & Berry, PLC
In a case before the United States Court of Appeals for the Sixth Circuit, the Sixth Circuit ruled that the Americans with Disabilities Act ("ADA") does not require accommodation of an employee based upon that employee's "association" with the person who has the disability. Overley v. Covenant Transport, Inc., 6th Cir. (April 27, 2006). Plaintiff, Sharon Overley, claimed that the company fired her after she told her supervisor that she could not work on a certain Saturday because of obligations to her daughter and she had not arranged for a substitute at work.
Practice Makes Perfect-Personnel Issues In The Office Family And Medical Leave Act Of 1993
Mitchell, Joyce Ann Gates of Joyce Ann Gates Mitchell Attorney at Law
On January 6, 1995, the Wage and Hour Division of the U.S. Department of Labor published the final rule implementing the Family and Medical Leave Act.
New California Labor Code Section 233: Paid Sick Leave to Care for Children, Parents or Spouses of Employees
Mary Lee Thomson of Littler Mendelson, P.C.
This alert summarizes California's newly enacted legislation that states employees are entitled to use part of their sick leave in order to take care of a parent, spouse or child who is ill.
Managing Employee Absenteeism
Douglas B. M. Ehlke of Ehlke Law Offices
When an employee works a standard five-day week, one can assume 260 workdays exist annually. After subtracting 10 days on average for vacation and another 10 days for federal, state and local holidays, an employer could expect 240 workdays a year per employee.
Laws Protecting California Employees
Furtado Jaspovice & Simons LC
California laws provide various protections to employees to make the workplace a safer, more pleasant environment. Employers and coworkers who fail to follow these regulations can be sued, but telling whether someone has actually broken the law can be challenging.
New Proposed Regulations for Cafeteria Plans in Connection with the Family and Medical Leave Act
Pillsbury Winthrop Shaw Pittman LLP
In December, 1995, the Internal Revenue Service issued proposed regulations for rules governing cafeteria plans in.
Workers' Compensation: Employers Can Take Control
Dykema Gossett PLLC
Many employers feel that the Michigan workers' compensation system is a "guaranteed payout," heavily slan.
Courts Disagree on Employer Substitution of Paid Leave for Unpaid FMLA Leave
Nixon Peabody LLP
This article discusses the issue of employer substitution of paid leave for unpaid FMLA leave and whether an employer's mistake or inaction can determine an employee's FMLA eligibility.
Leave It Out? Family And Medical Leave Act Claims May No Longer Be Waived By A General Release
Joseph P. Harkins and Gary D. Shapiro of Littler Mendelson, P.C.
Fourth Circuit allows FMLA claim to proceed despite fact that the plaintiff signed a release at the termination of her employment where she waived her right to sue under Title VII, ADA, ADEA and "any other federal, state or local laws."
FMLA and ADA: Good and Bad News for Employers
W. Mark Gavre of Parsons Behle & Latimer
In the good news category, the U.S. Supreme Court ruled that an employer cannot be compelled to give more than 12 weeks of FMLA leave. In a closely divided (5 to 4) decision, the Supreme Court invalidated the regulation that had previously required an employer to give more than 12 weeks of leave when it did not first tell the employee that his leave of absence was covered by the FMLA.