Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
FMLA - General
Earlier this month, the Department of Labor issued final new rules regarding the amendments to military family leave, flight crew eligibility and a handful of other relatively minor issues. At the time, I covered those changes at some length here.
New York - General
In the aftermath of the Connecticut and Colorado mass shootings, national attention has turned to attempts to stem the tide of gun violence through stricter firearm regulations. Most of the debate has centered on limiting the type of firearms that are on the market and the qualifications for purchas
California - Fair Employment And Housing Act
The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21, 2013).
FMLA - General
As always, 2012 was an active year for cases involving the Family and Medical leave Act. Remember the manager who gave his employee the book "No More Hysterectomies" when she asked for leave because she had to undergo a hysterectomy? We covered that one here. Or how about the employee who sought lea
Texas
A recent decision from the Fifth District Court of Appeals in Dallas held that federal immigration laws do not preclude illegal workers from recovering damages, including lost wages, for Texas tort claims.
FMLA - Medical Certifications
As a management side attorney, I love when an employer prevails in an FMLA case. However, I'm doubly giddy when the case provides real, practical takeaways for employers that help them better administer FMLA leave. Yesterday was one of those giddier days, as a federal court took a plaintiff to task
California - Fair Employment And Housing Act
Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the Commission intends that the definition of "disability" be construed as broadly as
New York - Human Rights Law
The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the City Council appears to have enough support to override a veto. If it passes
FMLA - Regulations
This week, the Department of Labor released its final rule implementing the Family and Medical Leave Act amendments under the National Defense Authorization Act of 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). The final regulation also revises a handful of existing regu
FMLA - General
Happy 20th Birthday, FMLA! On February 5, 1993, President Bill Clinton signed the Family and Medical Leave Act, making it the very first piece of legislation he signed into law as President.
Washington State - General
In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a plaintiff puts his mental health at issue by alleging emotional distress . . . [
Virginia
The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert qualifications required for the valuation of equity following the termination of the ch
FMLA - General
I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a blanket for a long-winter's nap. Right?] However, the lesson from the case sho
Virginia
Non-compete restrictions are creations of state law, which can sometimes vary on key aspects of contract formation and enforceability. One of those aspects is the extent to which states will reform or "blue pencil" the language of the restrictions. In many states a court will rewrite the terms of th
New Jersey - Restrictive Covenants
In January 2012, New Jersey enacted its version of the Uniform Trade Secrets Act (UTSA). On December 7, 2012, in SCS Healthcare Marketing, LLC v. Allergan USA, Inc., a New Jersey Superior Court recognized that the New Jersey Trade Secrets Act (NJTSA) modifies the Uniform Trade Secrets Act to preserv
FMLA - Regulations
Yesterday, the U.S. Department of Labor issued an Administrator's Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child.
California - Labor Law
In a split decision, the California Supreme Court has upheld the constitutionality of two statutes that restrict state court injunctions against picketing by labor unions on private property. Ralphs Grocery Co. v. United Food and Comm. Workers Union Local 8, No. S185544 (Cal. Dec. 27, 2012).1 Althou
FMLA - General
Feel free to call me out for shamelessly piling on veteran broadcaster Brent Musburger. But by now, you know that issues arising under the Family and Medical Leave Act are part of the American fabric as much as baseball and apple pie, right? Well, at least on this blog it is.
FMLA - Regulations
This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her leave request is denied. However, like clockwork, she calls off sick and requ
Michigan
On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an accompanying statement, the governor declared that "cyber security is impor