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…
Last week, we discussed an FMLA policy that your business needs to rip from its employee handbook and burn with fire. This week, we revisit an Americans Disabilities Act policy that should end up on the paper shredder: the 100% healed policy. If your business has a policy that requires…
Oh, I thought you knew. Ok, fine. I’ll answer my own question. Let’s look at a recent opinion from the Fourth Circuit Court of Appeals. It involves an employee with diabetes who took leave under the Family and Medical Leave Act a few times. In August 2017, he returned a…
Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble. But don’t just take my word for it. According to a recent press release from the U.S. Equal Employment Opportunity Commission, the…
So much about what I’m about to tell you is messed up. Last night, I read a Sixth Circuit opinion about a maintenance technician whose job involved servicing and maintaining a fleet of police vehicles, as part of which he agreed to install new dashboard cameras in four police cruisers.…