FMLA Archives | Employment Law | Kollman & Saucier, P.A.

Economic Realities May Make HR Manager Liable for FMLA Violation

Darrell VanDeusen

03/22/2016

Employer Liability, FMLA, Supervisor Liability

Addressing the issue for the first time, the Second Circuit has held that supervisors can be individually liable for violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. Graziadio v. Culinary Inst. of America, 2016 U.S. App. LEXIS 4861 (2d Cir. March 17, 2016). In so doing, the court joins other federal appellate courts that have applied the Fair Labor Standards Act’s (FLSA), “economic realities” test to...

Kollman & Saucier

03/11/2016

Disability & Leave, FMLA, State Law

The United States District Court for the Southern District of West Virginia recently ruled that a Verizon employee who alleged his employer denied him leave under the federal Family and Medical Leave Act (FMLA) and then fired him can pursue his state law claim for retaliatory discharge. In Vandevander v. Verizon Wireless, LLC, No. 3: 15-cv-11540 (S.D.W.Va., March 7, 2016), the federal district court denied Verizon’s motion to dismiss, finding that...

Kollman & Saucier

03/01/2016

FMLA, State Law

The Maryland General Assembly’s House Economic Matters Committee is considering House Bill 740, which would establish a Family and Medical Leave Insurance Program in Maryland. The program would provide up to twelve weeks of paid leave ($50 to $1,000 per week, with the maximum tied to inflation) to an employee taking unpaid or partially paid leave for the following reasons: (1) to care for a newborn child or a child newly placed for adoption or...

Darrell VanDeusen

09/15/2015

FMLA

Jessica Brown was fired five days after she complained about what she considered a demotion due to her use of pregnancy leave. She then sued her employer, alleging among other things a violation of both the discrimination/retaliation and interference/entitlement prongs of the Family and Medical Leave Act (FMLA). The district court granted summary judgment to her employer and she appealed. Reviewing that judgment, the Eighth Circuit reversed the...

Kollman & Saucier

06/18/2015

Disability & Leave, FMLA

On June 15, 2015, the United States Court of Appeals for the Fourth Circuit affirmed a lower court's decision dismissing FMLA interference and retaliation claims brought by an assistant school principal in Maryland. Adams v. Anne Arundel County Public Schools, No. 14-1608 (4th Cir. 6/15/15). In affirming a grant of summary judgment to the school system, the Fourth Circuit relied upon the fact that the principal was granted three medical leaves of...

Darrell VanDeusen

04/10/2015

FMLA

The Eighth Circuit has held that stage one kidney disease is not a serious health condition under the Family and Medical Leave Act (FMLA). Dalton v. ManorCare of West Des Moines IA, LLC, 2015 U.S. App. LEXIS 5536 (8th Cir. Apr. 7, 2015). Lucinda Dalton worked for a skilled nursing facility in Iowa when she was diagnosed with stage one kidney disease. She had significant weight gain and an edema. Following a series of doctor visits in January 2011,...

Kollman & Saucier

03/05/2015

Agency Activity, FMLA, Same-Sex Marriage

On February 25, 2015, the Department of Labor issued a Final Rule changing the definition of “spouse” under the Family and Medical Leave Act. The Final Rule impacts those individuals who entered into legal same-sex marriages in a state that recognizes same-sex marriage, but now reside in a state that does not. The prior iteration of the Rule defined “spouse” (29 CFR §§ 825.102 and 825.122(b)) based on the residency of the eligible...

Clifford Geiger

01/30/2015

Disability & Leave, FMLA

Employers must be careful about treating employees as if the Family and Medical Leave Act (FMLA) applies if, in fact, it does not apply. On January 26, 2015, the U.S. Court of Appeals for the Sixth Circuit ruled that Terry Tilley, an employee of the Kalamazoo County Road Commission (the “Commission”), could proceed with his FMLA claims even though he did not meet the FMLA’s definition of an “eligible employee.” Tilley v. Kalamazoo Cnty....

Darrell VanDeusen

09/29/2014

Disability & Leave, FMLA, Retaliation

Lest any employer need reminding that workplace disability issues (and the ADA/FMLA interplay) are nearly always tricky, a recent decision by Judge Russell proves the point well. In Williams v. Balt. City Cmty. College, 2014 U.S. Dist. LEXIS 133144 (D. Md. Sept. 23, 2014), the court denied the College’s motion for summary judgment on the plaintiff’s “regarded as” disabled and retaliation claims, while granting the motion on plaintiff’s...

Darrell VanDeusen

09/25/2014

Disability & Leave, FMLA

The Seventh Circuit has held that two air carriers that supplied regional air service for United Airlines are joint employers for purposes of the Family and Medical Leave Act (FMLA). Cuff v. Trans States Holdings, Inc., 2014 U.S.App. LEXIS 18901 (7th Cir. September 19, 2014). In so doing, the court held that an employee who was on the Trans States payroll was covered by the FMLA. United contracts with firms for regional air service as “United...

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Economic Realities May Make HR Manager Liable for FMLA Violation

Verizon Can’t Place State Retaliatory Discharge Claim on Hold

Maryland Considering Family and Medical Leave Insurance Program

Eighth Circuit Splits The Baby In Permitting FMLA Claims To Proceed

Fourth Circuit Denies School Principal's FMLA Retaliation Claim

Stage One Kidney Disease Not FMLA “Serious Health Condition”

Department of Labor Issues Revision To Definition of Spouse Under FMLA

Check Your FMLA Policy

College Employee’s ADA and Retaliation Claims Get Past Summary Judgment

Regional Air Carriers are “Joint Employers” Under FMLA

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Category: FMLA

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