A recent decision issued by the Third Circuit Court of Appeals should give any employer subject to the Family Medical Leave Act (FMLA) reason to pause. The case started out as any other routine FMLA matter. An employee provided her employer with documentation sufficient to request FMLA...
MASUD LABOR LAW GROUP By: Brian Boyd Family and Medical Leave Act (FMLA) leave is often thought of as an impenetrable fortress wherein an employee remains untouchable throughout the duration of their leave. In fact, many employers are confused about the true scope of FMLA leave and would...
Improperly or untrained employees, especially supervisors, are ticking litigation time bombs in today’s employment world where employers face frequently changing and legally treacherous minefields due to by state and federal legislation, regulations, and court decisions. Employers are required to know and comply with complex legal mandates including,...
ADA PUBLIC ACCOMMODATION REQUIREMENTS Almost everyone knows that the Americans with Disabilities Act prohibits discrimination in employment. We speak frequently on the ADA provisions that prohibit discrimination of an otherwise qualified person with a disability in the employment setting. However, ADA’s Title III prohibits discrimination in public accommodation. According...
In employment discrimination, the phrase “Cat’s Paw” refers to a situation “in which a biased subordinate, who lacks decisionmaker power, uses the formal decisionmaker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” In Marshall v. The Rawlings Co., LLC, (2016), the Sixth Circuit recently...
In McNeil-Marks v. Mid-Michigan Medical Center-Gratiot, the Michigan Court of Appeals held that attorneys qualify as members of a “public body” under the Michigan Whistleblower’s Protection Act (WPA). Specifically, any licensed attorney in good standing with the Michigan Bar Association qualifies as a member of a...
Arbitration clauses are becoming increasingly more prevalent, especially in the context of employment. So too, is their scope. While it is clear that the language of the agreement generally determines whether a certain dispute is covered by a given arbitration agreement, what remains less clear...
Issues involving workplace accommodation of religious practices often involve complicated fact patterns and require significant analysis. Under a recent Supreme Court case, these matters have become even more complicated and a sure-fire pitfall for the unwary employer. In EEOC v Abercrombie & Fitch, 135 S. Ct. 2028 (2015), the...
Most governmental regulation means one thing to employers – more red tape and hoops to jump through. However, a new law recently passed by Congress can provide the informed employer with significant protection. Under the Defend Trade Secrets Act of 2016, an employer has the right...
The Family and Medical Leave Act requires covered employers to provide eligible employees with leaves of absence for a number of qualifying reasons. A leave can be up to 12 weeks and in some cases involving military service members the leave can be longer. The question is can...