FMLA adverse action: An employee alleged that her employer retaliated against her for assertion of her FMLA by transferring her. She, thus, had to show that the transfer was an “adverse employment action.” The 9th Circuit reversed summary judgment for the employer, because of evidence that the new sales position covered a lower-growth territory with less possibility for commissions […]
This is a 6th Circuit case where the plaintiff sued the company and its successor under the FMLA, Title VII, and state law. The appeals court held that where the defendant research and development company for the automotive industry (USCAR) employed contractor employees from another company, and that company was taken over by a third […]
Judge Timothy Burgess has issued a major (44-page) opinion resolving multiple FMLA issues, including several left open by the 9th Circuit. He also addressed claims under the 1866 Civil Rights Act and the state Whistleblower Act. Burgess granted summary judgment in part for the employee and in part for the employer, Ilisagvik College in Barrow.
Plaintiff Bobbi Wade […]
U S Department of Labor has provided a downloadable insert for the employer-required FMLA poster, concerning the recent military-related amendments.
H/T: California Employment Law
FMLA regulations on military families: US DOL has published 470 pages of proposed regs and commentary on FMLA leave for employees with military members and other subjects. The comment period expires April 11th. See Connecticut Employment Law Blog for links to the regs and to blogger summaries of the regs.
Alaska National Guard pay: HB 326 would amend […]
On Monday, Jan. 28th, President Bush signed the bill that expands the FMLA benefits for employees with family members in the military. For complete coverage of the amendments, go to the FMLA Blog and Pennsylvania Employment Law Blog. The amendments are effective immediately.
FMLA expansion: Both the U. S. Senate and House have now passed a bill that includes an expansion of FMLA related to military service. Pres. Bush is expected to sign the bill. FMLA expert Carl Bosland summarizes the FMLA changes:
First, the bill adds two categories of covered conditions permitting an eligible employee to take FMLA leave. An eligible employee […]
Mixed motive in Alaska: The current issue of the Alaska Law Review carries an article entitled, “Mixed-motives for Firing Employees: Alaska’s inconsistent standards and its failure to follow the changing federal tide.” The author is Brianne Schwanitz, a Duke 3L.
Employer’s duty to maintain insurance while employee is on FMLA leave: An employer’s failure to do so constitutes […]
President Bush has “pocket vetoed” the FMLA amendments (reported here earlier) that provide extra coverage for military families.
H/T: FMLA Blog; Connecticut Employment Law Blog.
FMLA amendments: Congress has passed, and Pres. Bush is expected to sign, amendments to FMLA that will provide leave to servicemembers and their families. The details are discussed in Connecticut Employment Law Blog and the FMLA Blog.
NLRB policy shifts: K&L|Gates (soon to merge with Hughes & Luce) has published “Changing Course at the NLRB,” the first part of which […]
Ethics of multiple client representation: ABA Formal Opinion 06-438 on this subject (both as to initial representation and as to settlement negotiation) is here.
DAlaska on expert testimony: Judge Ralph Beistline has published his opinion on the admissibility of a surveyor’s report, in Kubanyi v. GVEA, 2007 WL 3002070 (D.Alaska Oct. 12, 2007).
FMLA research: Attorney Carl Bosland runs a helpful […]
Senator Ted Stevens and Sen. Chris Todd (D - Conn.) have introduced S 1681, the Family Leave Insurance Act of 2007, which would grant eight weeks of paid leave to employees entitled to FMLA leave. The leave would be paid by employers, who would be reimbursed by a Family Leave Insurance Fund to which employees, employers and […]
On Wednesday, May 23rd, the EEOC issued a
Guidance on discrimination against caregivers under Title VII, the ADA, and the FMLA. The agency summarizes:
Although the federal EEO laws do not prohibit discrimination against caregivers per se, there are circumstances in which discrimination against caregivers might constitute unlawful disparate treatment. The purpose of this document is to assist […]
