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Under the Family and Medical Leave Act, an employer can insist that employees comply with the company’s “usual and customary” absentee notice procedures. Often those call-out procedures are part of written leave and attendance policies.

But, as one company found out the hard way, “usual and customary” absentee notice can transcend formal policies and procedures when managers bend the rules.

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Image Credit: Photofunia.com

After a ten-day vacation trip with my family (IYKYK) onboard the S.S. Blog Cruiser Royal Caribbean Adventure of the Seas, I’m back to the reality of practicing employment law and blogging about it.

Today, let’s play some tunes as we gaze into the crystal ball and predict what could be the biggest employment law decision of 2023. Continue reading

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According to this recent Seventh Circuit’s opinion, “when [the plaintiff] returned from medical leave, her employer … did not allow her to return to her previous position as a lead teacher at her school. Instead, it placed her in a backwater position with fewer responsibilities that required her to split her time between different schools. After a bench trial, the district court determined that the defendant had violated the Family and Medical Leave Act.”

But here’s the thing. The court awarded the plaintiff no money.

Zip. Zilch. Nada.

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A transgender woman with gender dysphoria spent six months incarcerated in an adult detention center. Prison deputies initially assigned her to women’s housing. But, after they learned that she was transgender, they quickly moved her to men’s housing.

It was a nightmare. Continue reading

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In what it describes as “streamline[d] COVID-19 guidance,” the latest COVID-19 updates (here and here) from the Centers for Disease Control and Prevention don’t appear to distinguish between individuals regardless of vaccination status.

Potayto, potahto.

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“Doing What’s Right – Not Just What’s Legal”
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