Sometimes it is not the reduction in force itself that creates risk, but the combination of what is said and how the data is applied. In this case, six words from a supervisor, “a potential strain on the department,” together with disputed productivity metrics and the treatment of a pregnant employee returning from FMLA leave, convinced the Sixth Circuit that a jury should decide. Continue reading
Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. Continue reading
Sometimes what looks clear on paper isn’t the end of the story. A recent federal appeals court decision reminds employers that a doctor’s certification can’t always be enforced as a strict limit on FMLA leave.
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When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader protection. Continue reading
It’s one of the few government programs that rewards employers for doing the right thing before getting sued. Continue reading
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. Continue reading
“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. Continue reading
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. Continue reading
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. Continue reading
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. Continue reading
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