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…
The Family and Medical Leave Act provides workers with many important statutory rights, including ones designed to protect employees from inappropriate workplace punishment for exercising their rights, or wrongful denial of benefits. These rights and protections are not unlimited, and they are not a “straitjacket” on employers preventing them from…
Sometimes, a worker’s requesting or taking Family and Medical Leave Act (FMLA) will cause an unethical employer to fire that employee wrongfully. Other times, though, a legally compliant employer legitimately needs to fire an employee on FMLA leave. Whether you are an employee caught in the former scenario or an…
One of the more common issues employers and employees may encounter regarding a possible discrimination lawsuit is the existence of a valid arbitration agreement. Many employers include these agreements with other contractual documents that new hires sign as part of their “onboarding” process. Whether you’re a worker looking to litigate…