Monday, January 29, 2024

Limited enforcement data reported recently by the Labor Department under the Family and Medical Leave and Fair Labor Standards Acts covering fiscal year 2023 do not show much of a change from FY 2022.

Wednesday, January 17, 2024

Reversing a four-year downward trend, employment-related lawsuits filed in federal court increased by 9% last year, led by a 21% increase in suits filed under the Americans with Disabilities Act.

Wednesday, July 19, 2023

In a rare opinion letter issued by the Labor Department interpreting the Family and Medical Leave Act, the agency discusses how leave should be calculated when an employee is on approved leave for less than a full week that includes a holiday.

Wednesday, June 21, 2023

The appeals court found that an employee’s failure to inform her employer that she was requesting FMLA leave relieved the employer of its obligation to provide the employee with required FMLA notices.

Tuesday, May 30, 2023

The Labor Department recently published a new version of its poster informing employees of their rights under the Family and Medical Leave Act. Although employers are free to use the new poster, they can continue to meet their FMLA notice obligations

Wednesday, April 5, 2023

The Department of Labor’s Wage and Hour Division has issued its first opinion letter under the Family and Medical Leave Act, opining on how reduced schedule FMLA leave can protect an employee with a chronic health condition from having to work mandat

Monday, March 13, 2023

In conjunction with the 30th anniversary of the federal Family and Medical Leave Act, we are sharing a copy of CWC’s popular FMLA Compliance Outline, a comprehensive resource designed to assist our members in understanding the FMLA’s basic requiremen

Wednesday, February 15, 2023

The Labor Department reports that in fiscal year 2022 it resolved the fewest number of administrative complaints filed under the Family and Medical Leave Act since the law was enacted in 1993.

Tuesday, February 14, 2023

Confirming a ruling issued by the court in a similar case decided 15 years ago, the Seventh Circuit has reaffirmed that an employer can discipline an employee for abusing FMLA leave if the employer has an honest belief that abuse is occurring.

Thursday, January 26, 2023

Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.

Thursday, November 10, 2022

The appeals court rejected plaintiff’s claim that she was fired based on the recommendation of a biased supervisor, finding that the company broke any causal chain by conducting an independent investigation and reaching the same conclusion that she s

Wednesday, August 10, 2022

MEMBER FEEDBACK REQUESTED. CWC’s most recent virtual member roundtable featured a discussion of the compliance implications of the Supreme Court’s controversial abortion ruling in Dobbs v. Jackson Women’s Health Organization.

Monday, July 18, 2022

New guidance posted recently by the Department of Labor serves as a reminder that the Family and Medical Leave Act covers serious mental health conditions as well as serious physical health conditions.

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.

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

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
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

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

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

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.

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

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.

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

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

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

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