Category Archives: FMLA

When Providing 12 Weeks of Leave Is Not Enough: Trucking Company Pays $300,000 To Settle EEOC Suit

According to a September 2015 press release issued by the U.S. Equal Employment Opportunity Commission (EEOC), CTI, Inc., a regional trucking company based in Tucson, Arizona, will pay $300,000 and furnish other relief to settle a disability discrimination lawsuit filed … Continue reading

Posted in ADA, Arizona, Discrimination, EEOC, Employee Policies & Procedures, Family Leave, FMLA, Reasonable Accommodation | Leave a comment

Paid Sick Leave for Federal Contractors: What Employers Need to Know

On September 7, 2015, President Obama signed an executive order mandating paid sick leave for federal contractor and subcontractor personnel. The order will be implemented through regulations to be released by the Secretary of Labor, and the order will become … Continue reading

Posted in Executive Orders, Family Leave, FMLA, Government Contractors, Medical Leave, Uncategorized | Leave a comment

Four Legal and Managerial Priorities When Implementing a Remote Workforce Strategy

As more Americans have embraced a “mobile” technology culture, many employers have embraced the cultural shift and begun utilizing a remote workforce. Opinions regarding the benefits and drawbacks of the virtual office and remote workplace abound among workers and businesses … Continue reading

Posted in ADA, BYOD, Data Security, Employee Policies & Procedures, Fair Labor Standards Act, FLSA/Overtime, FMLA, Interstate Operations, Medical Leave, Privacy, Wage and Hour | Leave a comment

Government Contractors Face a Continuing Wave of Executive Orders on Labor & Employment

Recognizing the impact of the federal government’s contractor workforce as a standard-bearer for labor practices, the Obama administration has continued to issue executive orders that seek to strengthen the protections afforded to personnel within the federal contracting environment.

Posted in Compensation, Discrimination, EEOC, Employee Policies & Procedures, Executive Orders, Family Leave, FMLA, Government Contractors, Hiring, HR, Medical Leave, Minimum Wage, Overtime | Leave a comment

Co-worker Safety Trumps Employee’s Right to Disability Accommodation After Making Death Threats

Employers’ hands are often bound when balancing workplace morale with their duty to accommodate employees with mental or behavioral health issues. However, the U.S. Court of Appeals for the Ninth Circuit recently clarified the limit of the employer’s duties in … Continue reading

Posted in ADA, Disabilities, Discrimination, FMLA, Workplace Safety | Leave a comment

Staples Decision Reiterates the Importance of FMLA Notifications for Employers

On June 4, 2015, the Department of Labor issued a News Release entitled “Staples to pay fired employee $275K in wages, benefits and damages after failing to inform him of job protections to care for ill family member.” A review … Continue reading

Posted in Family Leave, FMLA, Medical Leave, Retail, Sick Leave | Tagged , | Leave a comment

California Chamber of Commerce Announces “Job Killer” Bills of 2015

The California Chamber of Commerce has released its 2015 preliminary list of “job killer” bills. The list focuses on proposed measures currently pending before the California legislature that, if passed into law, the Chamber believes would have a negative impact … Continue reading

Posted in Arbitration, California, FMLA, Minimum Wage, Uncategorized, Wage and Hour, Workers Comp | Tagged , | Leave a comment

Final Rule Issued on FMLA Definition of “Spouse”

On February 25, 2015, the U.S. Department of Labor (“DOL”) issued a final rule changing the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to permit individuals in valid, same-sex marriages to receive FMLA spousal care … Continue reading

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States Take the Wheel and Drive Paid Sick Leave Policy

President Obama’s State of the Union address on January 20th put issues of paid family and sick leave at the forefront of the American psyche. In its wake, states and localities around the country are taking action. Here are just … Continue reading

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Sixth Circuit Rejects Application of “Honest Belief” in FMLA Interference Claims

The Sixth Circuit recently narrowed the circumstances under which an employer can make use of an “honest mistaken belief” as a defense to FMLA claims.  In Yontz v. Dole Fresh Vegetables, the Sixth Circuit held that an employer “may not use an … Continue reading

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DOL Proposes Rule to Extend FMLA Benefits to Same-Sex Marriages

Federal agencies continue to institute progressive social reforms while Congress remains divided.  On June 20, 2014, the U.S. Department of Labor issued a press release heralding a proposed rule that would extend FMLA rights to all federal employees in valid, same-sex marriages.  … Continue reading

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DOL Publishes Notice of Proposed Rulemaking to Revise Definition of “Spouse” Under FMLA

The Department of Labor announced Friday a Notice of Proposed Rulemaking (NPRM) to extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in same-sex legal marriages regardless of whether the state they live in … Continue reading

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Don’t Simply Rely on Medical History When Assessing Someone’s Ability to Perform the Job

On April 21, 2014, a federal judge in Florida ruled against American Tool & Mold, Inc. (“ATM”) for terminating an employee based on his failure to provide medical certification of his ability to perform the job.  The problem was that the … Continue reading

Posted in Discrimination, FMLA, Workers Comp | Tagged , , | 1 Comment

Vacation Request Is Not Enough To Support FMLA Verdict

In Hurley v. Kent of Naples, Inc. the U.S. Court of Appeals for the Eleventh Circuit held that an employee’s vacation request did not qualify as a request for leave under the FMLA although he suffered from depression and anxiety … Continue reading

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Termination Based On Abuse Of FMLA Leave Upheld

In a recent opinion, the Sixth Circuit affirmed the dismissal of an FMLA lawsuit based on the employer’s “honest belief” that the employee had improperly abused his FMLA leave. More after the break.

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