Law and the Workplace

Tag Archives: FMLA

Four Things You May Not Know About … the Family and Medical Leave Act

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formWelcome to the first in a series of blogs examining often overlooked or misunderstood provisions of common employment law topics.  Today we will be covering four pitfalls that employers may inadvertently encounter when navigating the federal Family & Medical Leave Act (“FMLA”). The FMLA applies, with limited exception, to employers with 50 or more employees … Continue Reading

Department of Labor Issues Updated FLSA and FMLA Posters

By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).  Employers covered by these laws are required to display copies of the posters in a conspicuous place where employees and applicants for employment can see them. The FLSA Minimum Wage … Continue Reading

DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA

By Arielle E. Kobetz, Laura Fant, Heylee Bernstein and Guy Brenner on Posted in Coronavirus, FLSA, Leaves of Absences, Wage and Hour
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response … Continue Reading

U.S. Department of Labor Releases New FMLA Forms and Requests Public Input on Existing Regulations

By Evandro Gigante, Heylee Bernstein and Laura Fant on Posted in Leaves of Absences
The U.S. Department of Labor (“DOL”) has released new and significantly revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”). According to a press release by the DOL, the new forms, which are now currently in effect and can be found on the … Continue Reading

DOL Provides Additional Critical Guidance on the Federal Family First Coronavirus Response Act

By Evandro Gigante, Guy Brenner, Laura Fant and Rachel Therese Gulotta on Posted in Coronavirus
*** Last updated March 28, 2020 *** The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department of Labor (DOL) has attempted to answer some of these questions by posting guidance for employers and employees on its website. Since … Continue Reading

U.S. Department of Labor Releases Initial Guidance on the Federal Family First Coronavirus Response Act

By Evandro Gigante, Meika Freeman, Laura Fant and Guy Brenner on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
*** Please note that the Department of Labor is updating (and in some cases revising) its initial guidance on a rolling basis, so be sure to click on the Questions and Answers link for the most current version. A blog post on the most recent updates to the guidance can be found here. *** On … Continue Reading

Federal Family First Coronavirus Response Act Signed Into Law

By Arielle E. Kobetz, Laura Fant, Heylee Bernstein, Guy Brenner and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** UPDATE: The Department of Labor has issued guidance stating that the law will take effect on April 1, 2020.  More information on the guidance can be found on our blog post here.*** On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the … Continue Reading

Family First Coronavirus Response Act: What Employers Need to Know

By Arielle E. Kobetz, Laura Fant, Heylee Bernstein, Guy Brenner and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** IMPORTANT NOTE: On March 18, 2020, President Trump signed an amended version of the Family First Coronavirus Response Act into law that modifies some of the provisions discussed below.  Read more on our updated blog post here. ***   On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known … Continue Reading

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

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
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

By Allan Bloom on Posted in Wage and Hour
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

By Harris Mufson and Laura Fant on Posted in The Proskauer Brief Podcast
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

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
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

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
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

By Evandro Gigante, Esther Pak and Laura Fant on Posted in Leaves of Absences
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

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
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

By Allan Weitzman and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
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

By Catherine Pontoriero, Joseph O’Keefe and Esther Pak on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration, Wage and Hour, Whistleblower
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

By Jacquelyn Weisman and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
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

By Katharine Parker on Posted in Leaves of Absences, Workplace Policies and Procedures
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

By Mark W. Batten, Samantha Regenbogen Manelin and Vanessa Gilbreth on Posted in Accessibility & Accommodation, Leaves of Absences, Workplace Policies and Procedures
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

By John Barry, Joseph O’Keefe, Matthew Engel and Daniel Saperstein on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Wage and Hour, Workplace Policies and Procedures
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

By Allan Weitzman and Jurate Schwartz on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Workplace Policies and Procedures
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

By Mark W. Batten, Samantha Regenbogen Manelin and Vanessa Gilbreth on Posted in Leaves of Absences, Workplace Policies and Procedures
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
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