Tag Archives: FMLA

D.C. Court Rejects Judicial Estoppel Defense for Alleged Failure of Plaintiff to Schedule Employment Discrimination Claims in Bankruptcy Case

The U.S. District Court for the District of Columbia recently denied a motion to dismiss filed by Bravo! Facility Services, Inc. against a former employee who brought claims under the ADA, District of Columbia Human Rights Act, and the FMLA. Bravo! asserted that the plaintiff should be barred under the doctrine of judicial estoppel from asserting her claims because she initially failed to disclose her employment discrimination claims in her chapter 7 bankruptcy case filed after her employment terminated. … Continue Reading

Telecommuting Employees Entitled To FMLA If Office To Which They Report Meets 50-Or-More Employee Threshold

With more and more employees working off-site or from home, employers must be aware of the impact on courts’ interpretation of the FMLA’s eligibility requirements. In June, the U.S. District Court for the Eastern District of Louisiana held in Donahoe-Bohne that the FMLA’s 50-employee threshold was met since the office to which a remote or telecommuting employee reported had at least 50 employees, even though the employee worked from home several states away. … Continue Reading

Second Circuit Outlines Test for Individual Liability of Human Resources Directors under the FMLA

On March 17, 2016, the U.S. Court of Appeals for the Second Circuit decided Graziadio v. Culinary Institute of America, holding that sufficient evidence existed to find that the Culinary Institute of America’s (“CIA”) human resources director was an “employer” under the Family and Medical Leave Act (“FMLA”) and could therefore be held individually liable for violations of the FMLA.… Continue Reading

The Changing Landscape of Same Sex Marriage Law

As the national debate regarding rights for same sex couples continues, more and more states are granting marital rights to members of the same sex. Although we are only in the second quarter of 2015, five states have either passed legislation or have high court rulings that expand the rights of same sex couples.… Continue Reading

Department of Labor Begins Implementing Windsor

On August 9, Secretary of Labor Thomas Perez issued an internal memo calling for the implementation of the Supreme Court’s landmark decision in United States v. Windsor.  In that case, the Court held that section three of the Defense of Marriage Act (“DOMA”), which limited the definition of marriage to “a legal union between one … Continue Reading

Does The FMLA Protect a Supervisor’s Right To Defend a Subordinate’s Leave Of Absence?

A surgeon recently brought suit against his employer, in Staveley-O’Carroll v. Penn State Milton S. Hershey Medical Center, alleging that he was fired in violation of the Family and Medical Leave Act (“FMLA”).  No. 1:13-cv-01555-YK (M.D. Pa. filed June 18, 2013). Interestingly, the surgeon is not claiming that he was entitled to, requested, or took … Continue Reading

Employers Beware: Psychiatry’s Latest Diagnostic Manual (DSM-5) Creates New Mental Disorders, Expands Others

For 60 years psychiatrists and other mental health professionals have been using the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders” (DSM) as the “bible” for diagnosing mental diseases and disorders.  Health and disability insurance providers  use the DSM in deciding what conditions and treatments to cover, as do government agencies in determining … Continue Reading

U.S. Department Of Labor Issues New Retaliation Fact Sheets

The U.S. Department of Labor provides general information and compliance guidance regarding numerous wage, hour, employment, and labor laws via “fact sheets” which are available to employees, employers, and the general public. Fact sheets can serve as helpful reference and compliance material for employers. On December 23, 2011, the DOL issued three new fact sheets … Continue Reading

EEOC Issues Final Regulations On The Genetic Information Nondiscrimination Act

The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination in hiring and employment decisions based on an individual’s genetic information.  So, for example, a company cannot refuse to hire a woman because her mother had breast cancer.  The law also prohibits requesting, requiring and/or purchasing genetic information, with limited exceptions, and prohibits disclosure of genetic information.  … Continue Reading

DOL’s Online Resources Create Pitfalls For Employers

The National Defense Authorization Act for Fiscal Year 2010 further expands the recent amendments to the Family and Medical Leave Act (FMLA), which provides leave to qualified employees to care for family members with needs relating to military service.   However, for those employers who rely exclusively on the Department of Labor website for their required postings … Continue Reading

FMLA Update: The Department Of Labor Clarifies The Definition Of “Son Or Daughter”

In what has been deemed a victory for many non-traditional families, on June 22, 2010, the U.S. Department of Labor (“DOL”) issued an opinion clarifying the definition of “son or daughter” under the Family and Medical Leave Act (“FMLA”).  Now, according to the Administrator’s Interpretation Letter No. 2010-3, any employee who “intends to assume the … Continue Reading