third-party administrator

Ed was an autoworker who dealt with apparent bouts of depression for which he sought intermittent FMLA leave. But he also had fistfuls of unexcused absences, so much so that he stood on the precipice of termination — one attendance point away, to be exact.

Like many good employers, Ed’s employer required him to call

Kelly, an administrative assistant for Penn State Health, racked up quite a few absences over a short period of time. Some of these absences related to GI issues that ordinarily would be covered by the FMLA.

In Kelly’s case, however, she repeatedly failed to timely report these absences, which led to attendance points.

Penn State

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