Tag Archives: FMLA

Michigan Employer Did not Violate Family Medical Leave Act by Investigating Employee Conduct

Often when an employee exercises rights under federal or Michigan laws, any subsequent discipline becomes the first domino in a subsequent retaliation claim. But a recent appeal from a Michigan federal district court shows that does not have to be. Specifically, in Groening v. Glen Lake Cmty. Schools, the plaintiff, a school superintendent, claimed that she … Continue Reading

Labor Department Seeks Information From Employers and Employees About FMLA

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, these … Continue Reading

Detroit Casino Sued for Violating Americans with Disabilities Act

Detroit’s Greektown casino was sued on October 3, 2016, by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly violating the Americans with Disabilities Act (ADA) by denying a reasonable accommodation to and then firing an employee because of his disability. The former employee, Michael Lepine, was a pit manager for Greektown Casino. The lawsuit … Continue Reading

Employer’s Investigation of Misconduct Called Into Question Allowing FMLA Claims to Go to Trial

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. … Continue Reading

Judge Throws up Roadblock to Extending FMLA Protections to Same-sex Couples

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 couples. … Continue Reading

Clarification of FMLA Leave for Children with a Disability

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 … Continue Reading

Understanding Family Medical Leave Act Claims – One Statute, Two Possible Claims

Companies 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 … Continue Reading

Can Employers Be Sued for Restricting the use of Certain Doctors for Disability Certifications?

It 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 … Continue Reading

Taking Note of How Family and Medical Leave Act Interference Claims to be Decided

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.  FMLA Background The FMLA, 29 USC 2601 et seq., was originally enacted … Continue Reading
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