Family and Medical Leave Act (FMLA)

Mistakes that derail your company's HRAn employer’s defense to a lawsuit brought under the Family Medical and Leave Act (FMLA) was derailed after a judge agreed there was enough evidence for a jury to find that the employer investigated an employee’s work performance to find a “legitimate” reason to fire him after that employee requested leave.

The case, Lankford v.

LGBT Brick WallWe previously discussed the Department of Labor’s final rule that extended Family and Medical Leave Act protections to same-sex married couples. That rule was to apply regardless of the couple’s state of residence. But same-sex couples in Texas, Arkansas, Louisiana, and Nebraska will have to wait to enjoy the same benefits provided to heterosexual

YellowQuestionMark.jpgThe Department of Labor’s Wage and Hour Division’s acting Deputy Administrator issued an Administrator’s Interpretation (2013-1) that is intended to clarify a question employers and employees had under the Family Medical Leave Act (FMLA) and involving an employee seeking leave to care for an adult son or daughter with a disability.

Specifically, under the January

Fog & Uncertainty.jpgCompanies understandably find employment law to be simultaneously chaotic, complicated, and confusing. And this state of affair certainly applies to the Family Medical Leave Act, (FMLA). This is especially true when it comes to the two distinct type of claims that may be brought under the FMLA and the consequences each type of FMLA claim

Doctor.jpgIt is never easy being an employer when it comes to issues at the intersection of employees and medical issues. But at least many of these issues are based on statutes and regulations, which (more or less) outline an employer’s responsibilities. 

But a recently dismissed claim against an employer by a doctor and his medical practice