It’s one of the few government programs that rewards employers for doing the right thing before getting sued. TL;DR: The U.S. Department of Labor has relaunched the Payroll Audit Independent Determination (PAID) program. PAID allows employers to voluntarily disclose and correct federal wage violations under the Fair Labor Standards Act…
A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. TL;DR: A bus driver with a chronic medical condition was…
“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. TL;DR A federal court refused to dismiss a lawsuit brought by a former employee who claimed he…
She left work early during her pregnancy—with her supervisor’s okay. Seven years later, the court said she may have had every legal right to do so. TL;DR: The Seventh Circuit revived an FMLA interference claim brought by a former state employee who was fired after using the wrong type of…
On Monday, June 2, the U.S. Department of Labor (DOL) announced the relaunch and expansion of its opinion letter program. This move reinstates a valuable compliance tool for employers, particularly those navigating complex wage-and-hour for Family and Medical Leave Act regulations. TL;DR: The DOL has revived and broadened its opinion…
If two employees are married and work for the same company, the Family and Medical Leave Act (FMLA) lets their employer cap their combined leave at 12 weeks. A new bill in Congress proposes to eliminate that restriction. TL;DR: A bipartisan bill introduced in the U.S. House—called the FAIR…
A pair of lawmakers from opposite sides of the aisle just dropped one of the most ambitious paid leave proposals in years. It won’t create a national mandate—but it could reshape the paid leave landscape for employers across the country. TL;DR: A new bipartisan bill—the More Paid Leave for More…
When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination. TL;DR: An employee claimed FMLA interference and retaliation (plus a bunch of other discrimination claims)…
A recent court decision serves as a stark reminder for employers: When employees take Family and Medical Leave Act (FMLA) leave, they should not be pressured to work or penalized for their absence. What Happened? An employee suffered a stroke and requested FMLA leave, which was later approved retroactively. During her…
Suppose an employer learns that an employee who claimed a serious health condition under the Family and Medical Leave Act (FMLA) faked his injury to take time off for personal business. What steps can the employer take without violating the FMLA? I read a Ninth Circuit decision last night that…