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Virginia Employment Law Blog

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7th Circuit Holds Light Duty is Not a Right under the FMLA

A recent 7th Circuit case has further defined what constitutes a right under the FMLA.  Carris James, an employee of the Chicago Hyatt Regency, injured his eye during an altercation outside of work.  James had originally noted vision problems on his application to Hyatt, and the hotel had accommodated him…

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Supreme Court denies Amgen’s class certification challenge

Justice Ginsburg’s ruling allowed a lawsuit filed by Connecticut pension funds against Amgen to proceed. The suit alleges that Amgen assured investors about the safety of anti-anemia drugs Aranesp and Epogen even while clinical trial were raising doubts about the safety of the drugs. The funds state that this representation…

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Thursday Links

Here are a few links to some interesting employment law articles. I’ve also posted another link to some additional information from the Department of Labor’s recent guidance regarding how the Family and Medical Leave Act applies to adult children. The Employer Handbook has a good article that should remind employees…

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New DOL Guidance on Using FMLA Leave to Care for an Adult Child

The Department of Labor recently issued a new administrative interpretation regarding how the Family and Medical Leave Act is interpreted to allow an employee to care for an adult child. Ordinarily, an employee is entitled to take FMLA leave to care for a child with a “serious health condition.” A…

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New NLRB Decision Protects Comments Made on Facebook

Turning again to employment law and social media, here is a look at a recent NLRB decision that held that comments posted on Facebook are protected to the same extent as comments made at the “water cooler.” Littler Mendelson provides an interesting look at the recent case Hispanics United of…

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FMLA Information and more analysis of Social Media and Discovery

The FMLA Insights blog has an interesting post about FMLA leave during the holiday season. The post lays out a hypothetical scenario where an employee requests vacation leave, has the request denied, and then instead calls in sick and requests FMLA leave- a situation the employer feels is a dubious…

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State Laws Address Social Media Policies

As we have seen recently, the intersection of social media policies and employment law is a growing area of discussion and litigation. The extent to which employers have access to information employees post to  social media sites is fairly controversial, and some states have taken steps to pass legislation that…

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