On October 28, 2016, the Department of Labor (DOL) gave notice that it is seeking comments from employers and employees about the Family and Medical Leave Act (FMLA). The notice is available here Federal Register.
The comments will be used to develop and administer two surveys in 2017 and 2018. According to the DOL,
An 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.
We 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
This past week Metro Detroit was hit with a record rainstorm. After it was all said and done, many of the area freeways and streets were literally underwater and homes and basements were flooded with water and sewage.
It was also days before some of the affected
Employers sued for violating the Family Medical Leave Act may be able to avoid liability by relying on the honest defense rule.
Continue Reading Defending Against FMLA Litigation? Honesty (or Something Close to it) is an Employer’s Best Policy
The 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
The Sixth Circuit recently resolved an issue of uncertainty for Michigan employees and employers when it comes to analyzing Family and Medical Leave Act (FMLA) interference claims. Going forward, employees must satisfy the burden-shifting framework common to employment discrimination claims when evaluating FMLA interference claims.
The FMLA, 29 USC 2601 et seq., was originally