The facts from a recent Sixth Circuit decision are WILD! A finance manager at a luxury car dealership requested FMLA leave to care for her terminally ill sister, who was battling non-Hodgkin lymphoma. The employer denied her request, asserting that the FMLA did not cover leave to care for an…
At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for…
Credit: Lori Chavez-DeRemer on Instagram If you had your money on President-Elect Trump selecting a pro-labor Republican with support from several unions to run the U.S. Department of Labor, you and I should go to Vegas together so I can ride your coattails. On Friday, President-elect Donald Trump tapped Oregon…
Earlier this month, the U.S. Department of Labor issued an opinion letter concluding that, under certain circumstances, an employee may use leave under the Family and Medical Leave Act (FMLA) to treat a serious health condition when treatment is provided as part of a clinical trial. Let’s explore why. Actually, before…
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. I’ve assembled an all-star panel of employment lawyers to explore them, including my partners Amy Epstein Gluck and Dessi Day and two…
After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Typically, when administrations change, so does the makeup of the federal administrative…
Let’s see what Tracy Morgan thinks. Recently, a federal appellate court concluded that a manager can cause an employer to violate the Family and Medical Leave Act merely by deterring an employee from enjoying benefits under the FMLA without actually causing the company to deny the employee’s request for those…
Stop me if this sounds familiar. An employee has a bad day at work. His supervisor assigned him work that he didn’t want to perform. Clearly upset with the situation, the employee begrudgingly completes the assignment and promptly announces that he will go on vacation for a few days. However,…
In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition. The plaintiff was a bus operator who had accumulated…
As I write this post on Wednesday night, Hurricane Milton is making landfall in Florida as a category three storm. 1.3 million people are without power, and forecasters warn that Milton could generate a storm surge with inundations of 12-13 feet. Many of you with businesses in Florida will have…