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Proposals Introduced For National Paid Leave Law

Congress is exploring proposals for providing workers with paid parental leave law, which is something President Trump advocated in his most recent State of the Union address. The President’s plan, outlined in his 2020 budget proposal, calls for six weeks of paid leave for new parents to recover from childbirth and bond with a new […]

Just Ask: Failure To Inquire Whether Mental Illness Is a Serious Health Condition Risks FMLA Liability

Properly handling of mental illness under employment laws remains a challenge for employers.  One of the most common misconceptions is that such conditions don’t trigger protected leave.  A recent Fourth Circuit case however reminds us that notice to invoke Family and Medical Leave Act (FMLA) benefits does not require “any magic words,” and when it […]

DOL’s Six Latest Opinion Letters Offer Useful Guidance To Employers

After going into hibernation during the Obama Administration, opinion letters have reemerged as part of the DOL’s Wage and Hour Division’s (WHD) efforts to guide employers seeking valuable input about legal compliance and best practices.  As the DOL itself explains, these letters are “official, written opinion[s] by WHD on how a particular law applies in […]

Yes, Really, Honeywell. You Should Not Finally Fire An Employee Who Has Been Chronically Tardy For 12 Years Only After She Files An FMLA Leave Request.

Honeywell International learned the hard way a lesson that comes up regularly with employers:  An employee who has had a long-standing problem with X.  And X can be anything from tardiness, forgetting to clock out, violating dress code, missing regular internal filing deadlines, or some other consistent deficiency, that is frustrating and warrants discipline, yet […]

Court Orders Arbitration in FMLA Termination Case

The question of whether and when an employer can compel an employee who is suing it to arbitrate her case rather than proceed in court depends upon the terms of the agreement between the parties.  In Mason v. Athletic & Therapeutic Inst. of Naperville, 2017 U.S. Dist. LEXIS 173046 (S.D. Ind. Oct. 19, 2017), a […]

Appellate Court Rules Employee Can Sue City of Alexandria as Joint Employer Under FMLA

It is no secret that businesses today are increasingly outsourcing human resources functions in an effort to cut costs.  But absent careful planning, the outsourcing employer may still bear legal liability for workplace discrimination issues.  Here’s what the Fourth Circuit had to say about the subject in a case decided this week.  Quintana v. City […]

If You Don’t Have Anything Nice to Say, …

Well, you know the rest.  Unfortunately, a management-level employee in Florida perhaps doesn’t.  In Holtrey v. Collier County Board of County Commissioners,  an employee developed a chronic and serious problem with his genito-urinary system.  He consequently applied for, and was granted, leave pursuant to the Family and Medical Leave Act.  In doing so, he disclosed […]