This is the beginning of a series on the implications of today’s National Labor Relations Board (“NLRB”) decision that Northwestern’s football players, “are employees of the school and therefore entitled to hold an election to decide whether to unionize,” according to The Chicago Tribune. We’re going to start by focusing…
The Workplace Policy Institute has a comprehensive analysis of possible legislative and regulatory changes to employment law in the coming year. While the full article is certainly worth a read, here is a short summary of some of the most important points. Congress is unlikely to pass any major legislation…
Sometimes, a situation arises where an employee cannot return to work after FMLA leave expires. Although different lengths of leave have been considered appropriate under the ADA, usually indefinite leave has never been looked at as a reasonable accommodation. Recently, however, the New York Court of Appeals issued a ruling…
Our first article this week has an interesting look at FMLA eligibility for an employee who likely didn’t work the minimum number of hours in the prior year. In particular, the question is tricky because the employee is a managerial exempt employee, and the FMLA states that employers have an…
The 4th Circuit recently held that the discovery of poor performance reviews was sufficient basis to fire an employee, even though that employee had had recent positive reviews, and even though the negative reviews were discovered while the employee was on FMLA leave. In the case, the employee worked for…
When an employee returns from FMLA leave, he or she is required to be returned to the “same or equivalent position.” What precisely does that mean? Under the FMLA regulations, an equivalent position is one that: “is virtually identical to the employee’s former position in terms of pay, benefits and…
The Department of Labor began to take steps to implement the Supreme Court’s decision in United States v. Windsor by issuing guidance regarding the eligibility of same-sex couples for FMLA leave. The agency removed references to DOMA in the FMLA and clarified the ability of same-sex couples to take leave…
First up this week, the 6th Circuit held that an employer does not need to allow an employee to rescind her resignation as part of her FMLA rights. In the case, an employee went on FMLA medical leave following hospitalization. When she returned to work, she immediately submitted her resignation,…
First up this week, we have a look at how an obligation to provide FMLA leave may extend to a company’s successor in interest. In the case in question, an employee validly took FMLA leave. While he was on leave, his company was acquired by a nearly identical competitor. Rather…
FMLA Second and Third Opinions; Supreme Court limits ability of plaintiffs to fight CAFA removal Our first article looks at the increased use of second and third medical opinions by employers in an attempt to curtail abuse and manipulation of the FMLA by employees. If an employer doubts the validity…