Category Archives: Liability

Subscribe to Liability RSS Feed

Requiring Employees to Return to Work With No Restrictions or To Be "100% Healed" is a Huge Risk for Employers

There must be something in the water.  Over the past few months alone, I have reviewed a number of employers’ policies and correspondence regarding an employee’s return to work from a leave of absence.  What has been surprising to me is the number of employer policies that require an employee to return from leave with “no … Continue Reading

U.S. Supreme Court Rules That State Employees Cannot Sue under "Self-Care" Provisions of the FMLA

That pesky State of Maryland! (Not that I hold grudges all these years after your Maryland Terapins beat my Indiana Hoosiers for the 2002 NCAA basketball championship!)  With a little assistance from the U.S. Supreme Court, the State of Maryland avoided potential FMLA liability yesterday in Coleman v. State of Maryland Court of Appeals when … Continue Reading

Life After Wal-Mart v. Dukes: Is the FMLA the New Breeding Ground for Class Actions?

For several weeks now, attorneys and legal academics across the country have dissected the U.S. Supreme Court’s Wal-Mart v. Dukes (pdf) decision, which shut the door to a 1.5 million class of current and former female Wal-Mart employees who are claiming that they were denied pay increases and promotions because of their gender.  In striking down class … Continue Reading

Supervisors Beware! Court Decision Broadens the Scope of Individual Liability Under FMLA

A recent federal trial court decision broadens the scope of individual liability for supervisors in claims filed under the Family and Medical Leave Act (FMLA). In Narodetsky v. Cardone Industries, Inc. (pdf), the court allowed a former employee’s FMLA claim to proceed against three human resources executives and a supervisor who allegedly conducted a forensic search … Continue Reading
LexBlog