Image by Annalise Batista from Pixabay Late last week, the U.S. Department of Labor issued this Field Assistance Bulletin. It addresses when employees can take Families First Coronavirus Response Act (FFCRA) leave based on the closure of summer camps, summer enrichment programs, and other summer programs. Last night, I recorded…
Articles Posted in Family and Medical Leave
Can an employer and employee agree to a furlough instead of FMLA leave?
By Dukesy68 – Own work, CC BY-SA 4.0, Link On Friday, my friend, Jeff Nowak, blogged at his FMLA Insights blog about whether an employee may take FMLA leave during a furlough? And that got me re-thinking a question that he and I had discussed before, namely, can an employer…
This case has nothing to do with COVID-19. But, it could prevent a return-to-work lawsuit.
Image by Okan Caliskan from Pixabay As part of return-to-work from COVID-19, sadly, some employees are not going to return to work. I’m not talking about those situations in which an employee refuses to return. That’s a different post for a different day. No, I’m thinking about a situation in…
Wait, what?!? We’ve got ANOTHER coronavirus-related lawsuit where THE PLAINTIFF IS A LAWYER.
Image Credit: publicdomainvectors.org (Public Domain) Earlier this month, I told you about an attorney who claimed that her former employer wrongfully discharged her for refusing to violate a stay-at-home order. Now, we’ve got another lawyer-plaintiff, this time claiming that his former employer fired him for taking FMLA leave when after…
An employer with more than 500 employees was sued for violating the FFCRA. Now, I’m confused. 😕
Virginia Retail from Virginia, USA / CC BY How did one of the largest supermarket chains in the world, a Fortune 50 company, possibly violate the Families First Coronavirus Response Act? Allegedly. Let’s find out as we delve into this unusual federal court complaint filed last month in Indiana. Most of…
Best-laid plans? Is one state setting up employers for COVID-19 retaliation claims?
Image by 272447 from Pixabay And it’s not New York, New Jersey, or California. Actually, it’s Ohio. (But, the rest of you should pay attention too.) On Tuesday, my buddy Jon Hyman blogged here on the Coronavirus Law Blog about a website that the Ohio Department of Job and Family…
Part Three: A much bigger FFCRA lawsuit (not exactly what employers expected).
Image by Clker-Free-Vector-Images from Pixabay Yesterday, in part two of the “types of COVID-19 lawsuits that employers can expect” series, I wrote here about a Families First Coronavirus Response Act lawsuit. An employee-plaintiff alleged that her former employer interfered with and retaliated against her for exercising her rights under the…
The types of COVID-19 lawsuits that employers can expect. Part Two: FFCRA
Image by Prawny from Pixabay The paint has barely dried on the Families First Coronavirus Response Act and we already have our first lawsuit. And it’s right in my backyard. The quickest of FFCRA recaps The FFCRA, which took effect on April 1, 2020, requires certain employers to provide their…
Yesterday’s DOL update on the FFCRA may be the most important one for employers. And here’s why…
By Archimëa – Own work, CC BY-SA 4.0, Link On Friday, the Department of Labor ended its temporary non-enforcement of the Families First Coronavirus Response Act. But, yesterday, it left employers with a little parting gift. Before I unwrap the present for you, let’s start with a little lesson on…
New Jersey expands family leave protections during the COVID-19 outbreak
Image Credit: https://publicdomainvectors.org/en/free-clipart/Six-family-members-vector-silhouette/74023.html You’d think that New Jersey would have one of the nation’s most generous family leave laws in the country. That’s how NJ touts it. But, in many ways, it’s less generous than even the Family and Medical Leave Act. For example, the New Jersey Family Leave Act…