Thanks to those who attended my webinar last week with Matt Morris on “Six Ways Your Managers Are Causing FMLA & ADA Leave Lawsuits, and How to Train Them to Stop.” A link to the recording can be accessed here (just requires providing some basic info about you) and the presentation PowerPoint can
FMLA FAQ: Is an Employer Liable for Overtime Pay for an FMLA Violation?
Q: Is an Employer Liable for Overtime Pay and similar damages for an FMLA Violation?
A: The FMLA provides for a broad range of damages in the event an employer is liable for an FMLA violation. The statute states that an employee may be awarded “any wages, salary, employment benefits, or other compensation denied or
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
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
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
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