FMLA

Memo
22-115
Wednesday, June 15, 2022

The court’s ruling serves as a reminder that simply discouraging an employee from using FMLA leave can be enough to support an unlawful interference claim.


Memo
22-038
Thursday, February 24, 2022

According to statistics released recently by the Department of Labor, the number of complaints it resolved that were filed by individuals under either the Fair Labor Standards Act or the Family and Medical Leave Act has gone down noticeably in recent


Memo
22-005
Monday, January 10, 2022

CWC is pleased to present the latest in our ongoing series of memos summarizing recent court rulings dealing with workplace issues that impact our members.


Comments and Testimony
20-190
Friday, September 25, 2020

Our comments to the Department of Labor on two separate “Requests for Information” seeking input on leave issues offer a number of recommendations for changes that we believe would help to mitigate some of the current compliance challenges faced by e


Memo
20-168
Friday, August 28, 2020

Late last year, Congress approved a measure that establishes a generous new taxpayer-funded benefit for employees of the federal government – namely, 12 weeks of paid parental leave. The agency that administers the program has now issued implementing


Memo
20-144
Friday, July 24, 2020

In an action that has been expected for some time now, DOL is asking for public input on whether its regulations under the FMLA can be improved. In a separate but related action, DOL wants to hear from stakeholders on the efficacy of mandated paid le


Memo
20-134
Friday, July 10, 2020

The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.


Memo
20-101
Friday, May 22, 2020

There are a host of federal labor and employment laws that require employers to post notices informing employees of their rights. Our updated checklist and summary cover the employment-related poster requirements currently in effect, along with the m


Memo
20-090
Friday, May 8, 2020

The Labor Department’s Wage and Hour Division recently issued three new opinion letters focused on the types of payments made to employees that can be excluded from the so-called “regular rate” when determining how much overtime an employee is owed.


Memo
20-071
Friday, April 10, 2020

The huge coronavirus relief stimulus bill recently passed by Congress contains two new temporary paid leave programs. The Labor Department and Internal Revenue Service, which both have key roles in enforcing the new programs, have issued compliance g


Memo
20-058
Friday, March 27, 2020

The most recent federal court statistics, covering the period October 1, 2018, through September 30, 2019, show that except for lawsuits filed under the Family and Medical Leave Act (FMLA), all employment-related categories showed a decrease in the n


Memo
20-057
Friday, March 20, 2020

The coronavirus relief bill signed into law by President Trump this week contains new paid leave mandates that will be in effect until the end of the year. Our memo provides an overview. To discuss these developments in more detail, CWC will be hosti


Memo
20-027
Friday, February 7, 2020

The potential of the coronavirus outbreak becoming a more immediate health risk in the U.S. and its effect on the increasing mobility of an international workforce has raised understandable concerns. Our memo provides guidance on things that employer


Memo
20-005
Friday, January 10, 2020

Congress amended the Family and Medical Leave Act a few years ago to add specific protections for military service members and their family members. With federal policy-makers’ ongoing focus on protecting the rights of service members and veterans, w


Memo
20-002
Friday, January 3, 2020

The “must-pass” bill signed by the President right before Congress adjourned contains several provisions of interest to CWC members, including a provision scheduled to go into effect two years from now that prohibits federal contractors from requesti


Memo
19-252
Friday, December 6, 2019

As with its five previous regulatory agendas, this latest agenda published by the Trump Administration continues the focus on initiatives designed to ease rather than increase the burden on covered entities. Our memo summarizes what to expect during


Memo
19-244
Wednesday, November 27, 2019

In a trend that has emerged over the past few years, the number of administrative complaints resolved by the Labor Department alleging FMLA violations once again declined while the number of FMLA lawsuits filed in federal court increased.


Memo
19-225
Friday, November 1, 2019

This case illustrates that while the FMLA is an entitlement law that protects employees who need leave for a qualifying condition, that protection can disappear when there is clear evidence that the employee was using the leave for another purpose.


Memo
19-216
Friday, October 18, 2019

A new rule proposed by the National Labor Relations Board would overturn a policy established during the Obama Administration allowing graduate teaching and research assistants to organize into unions.


Memo
19-191
Friday, September 20, 2019

This case illustrates the potential pitfalls of a no-fault attendance policy that does not carefully take into consideration FMLA-protected rights.


Memo
19-149
Friday, July 26, 2019

The state’s high court has ruled that an employer unlawfully retaliated against an employee after it found out he was vacationing in Mexico while still on FMLA leave. The court concluded that where you take FMLA leave is not the issue, as here, but w


Memo
19-128
Friday, June 28, 2019

No matter how well-intentioned, employers that provide parental leave benefits beyond those required by law face legal risks if the benefits cannot be shown to be gender-neutral.


Memo
19-110
Friday, May 31, 2019

The Trump Administration’s latest semi-annual regulatory agenda summarizes actions that OFCCP, the EEOC, and other agencies of interest to CWC members are expected to take within the next 12 months. Two new items of interest deal with the procedures


Memo
19-100
Friday, May 17, 2019

A year and a half after she was originally nominated by President Trump for the position, Ms. Stanton has finally been confirmed as the Labor Department’s Wage and Hour Administrator.


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