Law and the Workplace

Tag Archives: FMLA

U.S. Department of Labor Proposes Revisions to Model FMLA Forms

The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA).  Employers may, but are not required to, utilize the model forms to satisfy their notice requirements under the law and to obtain necessary information … Continue Reading

DOL Clarifies Pay Rules for FMLA-Related Breaks

In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not compensable—notwithstanding the general rule that breaks of 20 minutes or less are to be paid.  The agency explained the exception as follows: [R]est breaks up … Continue Reading

[Podcast]: The Proskauer Brief: The Challenges and Pitfalls Surrounding Requests for Multiple Medical Leaves of Absence

In this edition of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the challenges and pitfalls surrounding requests for multiple medical leaves of absence. We will talk about the obligation of employers to provide reasonable accommodation under the Americans with Disabilities Act and related laws. We will also discuss a recent decision from the Seventh … Continue Reading

Final Regulations for New York State Paid Family Leave Law Adopted

Leave of absence formThe New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”).  The final regulations are effectively immediately. Long awaited by New York employers, the final regulations make several changes to the prior proposed regulations, which were issued by the Board in May and … Continue Reading

Maximum Employee Contribution Rate Announced for New York State Paid Family Leave Law

Leave of absence formAs we recently reported, the New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). Subsequently, on June 1, 2017, the New York State Department of Financial Services (“DFS”) issued a statement setting forth the maximum employee contribution rate for PFLL coverage … Continue Reading

Revisions to Proposed Regulations for New York State Paid Family Leave Law Issued

Leave of absence formThe New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). As we previously reported, the Board issued initial proposed rules for implementation of the PFLL in February 2017.  The current revisions, which were issued on May 24, 2017 following the Board’s … Continue Reading

Proposed Regulations Issued for New York State Paid Family Leave Law

Leave of absence formThe New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. As we previously reported, the PFLL will require employers to provide all eligible full- and part-time employees with paid, job-protected leave to: (i) care for a … Continue Reading

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers, the Second Circuit recently held in Graziadio v. Culinary Institute of America that a Director of Human Resources “may be” individually … Continue Reading

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against Discrimination (“LAD”) litigation, arbitration, workplace injury, “Faithless Servant” Doctrine, Family Medical Leave Act, and Title VII of the Civil Rights Act of … Continue Reading

Federal Court Decision Highlights Complexities of Laws Applicable to Pregnant Employees

As the laws governing the treatment of pregnant employees and new mothers continues to evolve, one recent decision from the United States District Court for the Northern District Alabama highlights the complexities that arise from the patchwork of federal laws that apply to employees during and after pregnancy. Facts The plaintiff in Hicks v. City … Continue Reading

DOL Issues Final Rule Redefining “Spouse” Under FMLA

Today the Department of Labor (DOL) issued its Final Rule revising the definition of “spouse” under the Family and Medical Leave Act. The Final Rule adopts a “place of celebration” rule, consistent with the current DOL interpretation in the context of other federal laws.   Under this “celebration” rule, an employee may take FMLA leave to care for an … Continue Reading

Massachusetts Governor Signs Parental Leave Bill

On January 7, 2015, Governor Deval Patrick signed into law a Parental Leave bill, which significantly amends Mass. Gen. L. ch. 149, section 105D.  Before the amendment, the Massachusetts Maternity Leave Act (“MMLA”) provided eight weeks of job-protected leave to female employees for the birth or adoption of a child. Now, however, among other expansive … Continue Reading

The Top 10 Trends in New Jersey Employment Law in 2014

2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.”  Read our Top 10 newsletter to learn more about … Continue Reading

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her] pregnancy was affecting [her] effectiveness” and who had complained about this to the employer’s Ethics Hotline. In … Continue Reading

Massachusetts AG Advises on Domestic Violence Leave Act

Leave of absence formThe Massachusetts Attorney General recently issued an Advisory regarding the new Domestic Violence Leave Act, which was passed on August 8, 2014. The Advisory helped to clarify some of the requirements of the Act: Because the Act broadly states that it applies to employers with 50 or more employees, it was previously unclear whether the … Continue Reading

New Guidance from EEOC on Pregnancy Discrimination

On July 14, 2014 the Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidelines accompanied by a question and answer guide on pregnancy discrimination and related workplace issues (“the Guidance”).  This is the first time in over 30 years that the EEOC has provided detailed insight on this subject and its guidance did not come … Continue Reading

Paid Sick Time on the Horizon in New England

Rhode Island has recently followed Connecticut in mandating paid sick time, and now bills pending in Massachusetts and Vermont may spread the requirement through New England.  New York and the District of Columbia, as well as a number of cities, have also recently adopted similar requirements, and paid sick leave bills are pending, or campaigns … Continue Reading

Massachusetts and Vermont Paid Sick Time

  Bills pending in Massachusetts and Vermont mandating paid sick time follow the precedent set by Rhode Island and Connecticut, potentially spreading the requirement through New England. New York and the District of Columbia recently also adopted similar requirements, and paid sick leave bills are pending, or campaigns to require them are under way, in 18 … Continue Reading

Newark Follows Jersey City with Sick Leave Law

On January 29, 2014, the Mayor of Newark, New Jersey signed into law an Ordinance requiring employers to provide paid sick leave to their employees, effective May 29, 2014, or, for employees who are covered by a collective bargaining agreement (“CBA”), upon expiration of the current union contract. Similar laws have been enacted in the … Continue Reading

New Jersey “Sandy” Law Preserves Employee Eligibility for Leave and Benefits

In the wake of Hurricane Sandy, Governor Christie signed a law making it easier for employees who are furloughed or laid off because of a “state of emergency” to meet eligibility requirements under New Jersey’s Family Leave Act or the Security and Financial Empowerment Act. Read this alert to learn more about the new law, … Continue Reading

Okay to Terminate Employee for Violating No-Alcohol Provision of Return to Work Agreement, Says Third Circuit

The U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative who suffers from alcoholism for violating a return to work agreement (RWA) that prohibits the use of drugs or alcohol in Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013). … Continue Reading

Supreme Court’s DOMA Decision Affects Employers’ Obligations Under the FMLA

In the recent decision in United States v. Windsor, the U.S. Supreme Court struck down the federal law that defined “marriage” as a legal union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex who is a husband or a wife. These definitions, codified in … Continue Reading
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