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