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Articles Posted in FMLA

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Sixth Circuit Upholds Ruling for Employer in FMLA, Pregnancy Discrimination Dispute

Pregnant women in the workplace face many challenges. Sometimes, those challenges can include things like being forced to take unpaid leave when their pregnancies restrict them on the job. One gas station worker, whom her employer forced onto leave after she became limited at work, lost her Family and Medical…

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Welder’s FMLA Retaliation Case Fails Due to Lack of Proof that Leave Request Triggered Termination

Winning a claim for illegal retaliation against an employee’s request for leave under the Family and Medical Leave Act requires several types of proof. One essential ingredient is evidence showing that the employee’s request for leave was (in whole or in part) the cause for his termination. A welding technician’s…

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Employee Can Use Information Submitted Post-Termination to Prove Part of FMLA Case

In a noteworthy decision from this past June, the 11th Circuit Court of Appeals overturned a judgment in favor of an employer in an employee’s Family and Medical Leave Act lawsuit. The appeals court decision clarified that, when it came to establishing whether or not the employee had a serious…

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Eleventh Circuit Decides Employer Lacked Knowledge of Employee’s Disability

A nursing home employee, who was pursuing her employer for multiple forms of discrimination and retaliation, lost in her effort to revive her disability discrimination claim on appeal. The 11th Circuit Court of Appeals concluded that an employer’s mere knowledge that an employee had visited a doctor and that the…

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Federal Appeals Court Allows Georgia Schoolteacher to Pursue FMLA Claim Following Termination

The 11th Circuit Court of Appeals in Atlanta issued a ruling that will likely make it easier for Georgia public school employees to pursue lawsuits against their employers for violations of federal employment laws like the Family and Medical Leave Act. The ruling concluded that public school districts are not…

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Definition of “Spouse” Under FMLA Amended to Include Same-Sex Couples

A new rule issued by the Department of Labor (DOL) amends the Family Medical Leave Act’s (FMLA) definition of “spouse” to include same-sex couples married in states where same-sex marriage is legally recognized. Under the new rule, codified at 29 C.F.R. § 825.102 and 825.122(b), two people are married for…

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Eleventh Circuit Affirms Georgia Truck Driver’s Termination Did Not Violate ADA, FMLA

A trucking company that fired a truck driver who had been diagnosed with alcohol dependency did not violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), according to a recent Eleventh Circuit ruling. The plaintiff in the case was employed in Georgia by the…

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Rights and Risks When it Comes to Pregnant Employees

With perks like arcades, ball pits, laundry services, round-the-clock meals, and pretty much anything else it takes to coddle energetic young employees not quite ready to assume full adulthood, Silicon Valley firms are legendary for offering workers anything it takes to keep them at their desks instead of tending to…

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Federal Judge in Tennessee Substantially Reduces Attorney’s Fees in Wage and Hour Case

A federal court in Tennessee’s ruling on attorney’s fees should be of concern to anyone who wishes to bring a wage and hour lawsuit.  In Stewart v. CUS Nashville, LLC, Judge Trauger of the Middle District of Tennessee found that since the named plaintiff did not succeed in proving all…

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Tennessee Court of Appeals Upholds Summary Judgment Ruling Against Employee Who Sought Reasonable Accommodation Under the Tennessee Disabilities Act

The Tennessee Court of Appeals at Jackson recently upheld a summary judgment motion against an employee who had claimed her employer retaliated and interfered with her leave in violation of the Tennessee Disabilities Act. In Jones v. Sharp Electronics Corporation, Lataynia Jones was an employee at Sharp Electronics Corporation from…

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