Labor and Employment Law

Recent Posts

New Department of Labor Rules Implementing Changes to the FMLA for Military Members and Airline Flight Crew Employees
Posted on 6 Mar 2013 by Abbey Spanier

The Family and Medical Leave Act ("FMLA") entitles eligible employees of covered employers to take unpaid leave for (1) the birth of a child and to care for the newborn child; (2) the placement of a child for adoption or foster care and to care... Read More

Posting Vacation Pics on Facebook While on FMLA Is a Bad Idea
Posted on 13 Feb 2013 by Margaret (Molly) DiBianca

The FMLA turned 20 last week and there has been a flurry of articles and posts discussing how the FMLA has changed the workplace, whether it imposes too high of a burden on employers, and predicting how it will likely continue to evolve. Academic... Read More

It's Time to Fix the Family and Medical Leave Act -- Here Are Some Suggestions
Posted on 6 Mar 2013 by Robin Shea

Dear Congressperson: I know you are busy, but I am hoping you can take a few minutes out of your sequester stuff to help with the Family and Medical Leave Act, as amended by the National Defense Authorization Act of 2008, as amended again by the... Read More

Third Circuit: Mailing FMLA Notice Not Enough for Summary Judgment?
Posted on 8 Aug 2014 by Philip Miles

Sometimes the most mundane tasks can make or break your case. Here's something I never thought I'd say: Big decision from the Third Circuit about how to mail FMLA notices! Read the opinion in Lupyan v. Corinthian Colleges, Inc. (for my Pennsylvania... Read More

Third Circuit Finds Individual Supervisor Liable Under FMLA
Posted on 3 Feb 2012 by Margaret (Molly) DiBianca

Can an individual supervisor be held liable when an employee files suit? Well, like all legal questions, it depends. The Third Circuit Court of Appeals issued an opinion yesterday expanding the instances when the answer to this question is yes in Haybarger... Read More

Amendments to California Family Rights Act Regulations Provide Some Clarity to Employers
Posted on 28 Apr 2015 by Sheppard Mullin

by Lisa Harris and Dorna Moini The California Fair Employment and Housing Council (FEHC) has issued amended regulations clarifying the California Family Rights Act (CFRA). The amendments will go into effect on July 1, 2015, and are intended to clarify... Read More

To Do for Monday: Check FMLA Policy
Posted on 31 Jan 2012 by John Holmquist

Under the FMLA, there are four methods which an employer can use to determine whether an employee is eligible for 12 weeks leave in a 12 month period. Once the determination is made, it is critical that employees be informed of the chosen method. In... Read More

Firing a Sick Employee Just Before She Is FMLA-Eligible Is Very Risky
Posted on 27 May 2014 by Eric Meyer

So, check this out. I read this case yesterday about an employee who provided her company with a November 12 doctor's note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage... Read More

Oh, Baby? An Employee's Pre-Eligibility FMLA Request is Protected
Posted on 17 Jan 2012 by Eric Meyer

Back in 2005, a Pennsylvania federal court recognized in this opinion that an employee's FMLA rights become sacrosanct upon requesting FMLA -- even if the employee is not yet FMLA-eligible -- provided that the employee has satisfied all FMLA service... Read More

Fact or Fiction: If You Don't Say "FMLA", You Can't Take FMLA leave?
Posted on 23 Jan 2012 by Eric Meyer

That's right folks. It's time for another edition of "Fact or Fiction" a/k/a "Quick Answers to Quick Questions" a/k/a QATQQ f/k/a "I don't feel like writing a long blog post". So, let's get right to today's... Read More

No call, no show, no FMLA
Posted on 21 Sep 2012 by Jon Hyman

Just because an employee makes a request for FMLA leave does not excuse an employee from complying with an employer's attendance policies. According to section 825.302(d) the FMLA's regulations : An employer may require an employee to comply... Read More

FMLA 101: Don't Make an Employee Work During Leave. Just Don't.
Posted on 11 Aug 2014 by Eric Meyer

Really. It's a bad idea. Like my youngest son using chopsticks and a fork at the same time to eat pho . Ok, not that bad. But, definitely blogworthy. I read this case over the weekend about an employee who, while on maternity leave under... Read More

Enforce Your Employee Call-In/Notice Requirements -- Even for FMLA Leave
Posted on 29 Aug 2013 by Eric Meyer

In that handbook of yours should be a page -- maybe a few lines -- on an employee's responsibility to notify you if they are going to miss work. Who to call, when to call, that kind of stuff. A recent case from the Sixth Circuit ( this one ) [... Read More

VanDeusen on Coleman v. Maryland Court of Appeals
Posted on 21 May 2012 by Darrell VanDeusen

In Coleman v. Maryland Court of Appeals [ an enhanced version of this opinion is available to subscribers ], the Fourth Circuit joined five other appellate courts in holding that the self-care provision of the Family and Medical Leave Act... Read More

New Department of Labor Regulations for Same-Sex "Spouse" Under FMLA
Posted on 24 Feb 2015 by Philip Miles

Tomorrow, the Department of Labor will publish a Final Rule to Revise the Definition of “Spouse” Under the FMLA (including links to additional information). Per the DOL, the "major features" are: • The Department has moved... Read More