A lumber mill worker’s recent success in federal court represents a noteworthy outcome for multiple reasons. For the worker, it recognizes that an employer may be liable for retaliation under the Family and Medical Leave Act, both by terminating the worker and by subsequently refusing to rehire them. On the employer side, it…
Here in Georgia, workers who experience discrimination based on specific statutorily defined characteristics, like, for example, age and sexual orientation, are protected by federal law. If you are a worker who has experienced this kind of discrimination at work (or are an employer facing such an allegation), it pays to…
Employers must tread carefully when disciplining (or firing) workers who have sought to invoke their Family and Medical Leave Act rights. Employers may be vulnerable to liability for FMLA interference or retaliation if they cannot demonstrate that the employee’s exercise of FMLA played no role in the decision-making that yielded…
The Family and Medical Leave Act provides strong protections for workers who need leave. These include things like being reinstated to the same or a similar position after returning from leave. As with most legal concepts, this protection is not absolute. The law carves out exceptions, such as when the…
A recent Family and Medical Leave Act dispute is a reminder of the importance of timing. In many FMLA retaliation cases, the matter may come down to whether an adequate link exists between the employee’s use of FMLA leave and the employer’s punitive action, and that existence may depend on…
Requesting leave under the Family and Medical Leave Act might seem like a simple and straightforward thing… but that is not always the case. Employees seeking leave must submit careful, detailed requests and supporting documentation (such as doctor’s notes) that sufficiently put employers on notice that the employee has a…
Potential Family and Medical Leave Act (FMLA) violations might seem like straightforward black-and-white issues. Often, though, they are not. The FMLA contains many complex and nuanced elements. That is especially true if your FMLA matter involves an exceptional circumstance, such as when the family member requiring care is a military…
Many variables may influence the eventual outcome when you decide to pursue (or need to defend) a Family and Medical Leave Act (FMLA) retaliation case. One that can sometimes be overlooked is where the case gets litigated. As a recent FMLA retaliation case from Oklahoma illustrates, the law is not…
Today, relationships are more complex than ever — including familial interactions and duties. An adult incapable of caring for herself may rely on a niece/nephew, sibling, cousin, or other non-parental relative to meet all her care needs. When that happens, the caregiver may need periods away from work. Workers and…
Decisions made on impulse or driven by emotions often make bad situations worse. As an employer, dealing with your alleged Fair Labor Standards Act violation the wrong way can significantly expand the legal liability you may face. A minimum wage or unpaid overtime violation is one thing; a minimum wage…