In February 2013, we advised you that the Department of Labor (“DOL”) revised its Family and Medical Leave Act (“FMLA”) poster, also referred to as the “General Notice.” (Click here for February 2013 post) At the time, the revised FMLA poster was only available in English. After months of waiting, the revised FMLA poster is … Continue Reading
On June 26, 2013, the United States Supreme Court in United States v. Windsor struck down the Defense of Marriage Act (“DOMA”) which had defined “marriage” as a legal union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex who was a husband or a … Continue Reading
In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading
The revised regulations for the Family and Medical Leave Act (FMLA) require that records or certifications submitted for FMLA leave that contain genetic information and family medical history are subject to the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA). Click here for a link to GINA’s confidentiality regulations (29 C.F.R. §1635.9). … Continue Reading
The Department of Labor (“DOL”) published revisions to certain regulations for the Family and Medical Leave Act (FMLA), a new poster and a new certification form. The following highlight key issues for employers with regard to the revisions. New FMLA Poster. The DOL revised its FMLA poster, also referred to as the “General Notice”, effective … Continue Reading
The Family Medical Leave Act (“FMLA”) provides eligible employees up to 12 weeks of unpaid, job-protected leave to care for a “son or daughter” with a serious health condition. According to the regulations implementing the FMLA, “son or daughter” includes a minor child and a child “who is 18 years or older and incapable of … Continue Reading
In Donnelly v. Greenburgh Central School District No. 7, the Court of Appeals for the Second Circuit recently highlighted the importance of keeping accurate time records for employees to determine Family Medical Leave Act (“FMLA”) eligibility. To be eligible for leave under the FMLA, an employee must work “at least 1,250 hours of service…during the … Continue Reading
The new Family Medical Leave Act (“FMLA”) forms issued by the Department of Labor (“DOL”) have one change: the expiration date is now February 28, 2015. The forms can be found here . The forms do not make reference to the amendments to military family leave or include the safe harbor language from the Genetic … Continue Reading
The federal appellate court that covers Florida, the Eleventh Circuit, recently decided what lawyers call a case a first impression – a legal issue that has not been previously ruled on by the court. The case is Pereda v. Brookdale Senior Living Communities, Inc., and the issue was whether an employee who is not yet … Continue Reading
