Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
FMLA - Regulations
Perhaps it's just me, but I recently have received several calls from clients inquiring about an employee's right to take FMLA leave to care for an adult child (i.e., age 18 or older). Some examples include: Can a grandparent take FMLA leave to care for her daughter after the birth of her baby? Or c
California - Restrictive Covenants
While the Bratz case continues to dazzle onlookers, an interesting thing happened in a more low profile case. In Richmond Technologies, Inc. v. Aumtech Business Solutions, et al. [pdf], the Northern District of California issued an order granting in part the plaintiff’s motion for temporary restra
Washington State - General
On September 23, 2011, Seattle Mayor Mike McGinn signed into law the Seattle Paid Sick Time and Paid Safe Time Ordinance. Effective on September 1, 2012, nearly all private sector employers must provide to employees who work in Seattle specified amounts of accrued, job-protected paid time off for pe
FMLA - Interference Claims
During a webinar I conducted last month with the EEOC's John Hendrickson regarding "leave" as a reasonable accommodation under the ADA, I pleaded with, begged, cajoled employers to maintain regular contact with an employee while he or she is on FMLA leave. Here is another reason to heed this advice
Georgia - General
The Georgia Supreme Court recently changed the law by requiring employers to file answers in garnishment matters through an attorney. Though Georgia corporations are required to be represented by an attorney in courts other than magistrate courts, this rule has not typically been followed in answeri
California - Fair Employment And Housing Act
In early 2010, California's Department of Fair Employment and Housing (DFEH) proposed a series of new procedural regulations to govern the receipt, investigation, and conciliation of administrative complaints received by the department. Following a series of public hearings and a public comment peri
FMLA - Intermittent Leave
Q. We employ an FLSA-exempt employee who has been certified for intermittent FMLA leave for migraine headaches. He averages two to three intermittent absences per month. Normally, I would calculate the employee's total FMLA allotment as 480 FMLA hours (12 weeks x 40 hrs/wk), but he claims he should
Indiana
Can an Indiana employer with reasonable suspicion ask an employee if he has a gun in his briefcase? Not without opening itself up for liability under Indiana's new Disclosure of Firearm or Ammunition Information as a Condition of Employment Law.
ADA - Reasonable Accommodation
Thanks to those who attended my webinar last week with EEOC Regional Attorney John Hendrickson on "Examining the Use of 'Leave' as a Reasonable Accommodation Under the ADA." If you missed the program, you can access the webinar and materials here. As the survey feedback indicated, it was a great opp
FMLA - General
For several weeks now, attorneys and legal academics across the country have dissected the U.S. Supreme Court's Wal-Mart v. Dukes (pdf) decision, which shut the door to a 1.5 million class of current and former female Wal-Mart employees who are claiming that they were denied pay increases and promot
FMLA - Coverage
We terminated an employee who has been reinstated by an arbitrator with full back pay. Now, he has requested FMLA leave. Are we obligated to provide leave even though he has not worked 1,250 hours in the previous 12 months?
FMLA - General
arlier this month, Sen. Jon Tester (D-Mont.) introduced the Parental Bereavement Act (S. 1358), which would expand the Family and Medical Leave Act to provide job-protected leave due to the death of an employee's son or daughter. In a press release, Sen. Tester said he introduced the bill because th
FMLA - General
Earlier this week, the folks at the Texas Employment Law Update highlighted a case before the U.S. Supreme Court in which the high court will consider whether law enforcement's placement of a GPS devise on a suspect's vehicle without a warrant constitutes an unlawful search in violation of the Fourt
FMLA - General
Print Comments Share LinkOn June 27, 2011, the United States Supreme Court agreed to review an FMLA case in which the Court will decide whether a State can be sued under the Family and Medical Leave Act where the employee is seeking leave due to his or her own serious health condition. In lawyer-spe
FMLA - Retaliation
As a father of three, I tend to take interest in "feel good" stories about working parents. However, in a recent ABA Journal article, an article about a working dad caught my attention for a far different reason. The article highlighted Ariel Ayanna, who recently filed suit against his employer clai
FMLA - Medical Certifications
One the biggest FMLA headaches for employers is when an employee fails or refuses to provide information to cure insufficient or incomplete medical certification. When the employer does not have the information to determine whether an absence qualifies as FMLA leave, it is left with a true dilemma:
FMLA - Regulations
Employees should think twice before setting off on a Cancun vacation while out on FMLA leave. In an FMLA decision that smacks of pure common sense, a federal court has upheld an employer's reasonable work rules that restricted an employee's travel outside the immediate vicinity while on FMLA leave.
FMLA - Regulations
Natural disasters like the kind we recently have witnessed in the flood-ravaged areas of the southern United States raise a host of issues for employers. Some wonder whether they are required to pay their employees during suspended operations; others are unsure whether and to what extent health bene
FMLA - ADA, Interplay
Last week, my colleagues, Bill Pokorny and Josh Meeuwse, and I conducted a complimentary Webinar for our clients and friends of the firm regarding the ADA Amendments Act and its final regulations, which take effect May 24, 2011.
FMLA - General
Here's a shout out to all the dads out there who have a leg up on major league baseball players in at least one area -- paternity leave.