Statute
Family and Medical Leave Act
1,443 published works
Personal Injury Law Journal
Is a Functional Capacity Evaluation to Return to Work Necessary after a Workers’ Compensation Injury?
The words "Functional Capacity Evaluation" do not appear in the New Jersey Workers' Compensation Statute; however the issue of whether or not an employer can require the exam is one…
FMLA Insights
What Pink Floyd Can Teach Employers about FMLA: Enforce Call-In Procedures and Insist Upon Facts Supporting Need for Leave
By Jeff Nowak
Hello...hello...hello...is there anybody in there? Just nod if you can hear me. Is there anyone home? Have your employees have become so evasive in their requests for medical leave…
Employment Discrimination Report
FMLA Benefits Now Must Be Provided to Employees with Same-Sex Spouses
When the U.S. Supreme Court struck down the Defense of Marriage Act ("DOMA") in U.S. v. Windsor, we advised that there would be sweeping implications to employers from everything from…
FMLA Insights
When an Employee Returns from FMLA Leave, What Does Same or Equivalent Position Actually Mean?
By Jeff Nowak
Do you know what's particularly oppressive about the FMLA? [You: Jeff, everything about the FMLA is oppressive!] The requirement that an employer return an employee to the same or equivalent…
World of Employment
FMLA Leave or ADA Accommodation (Or Both)? Overview of Beyond the Basics
After more than 20 years under the ADA and FMLA, and 18 years since the passage of the Oregon Family Leave Act (“OFLA”), most employers are familiar with the basics…
FMLA Insights
DOL Updates Guidance on FMLA and Same-Sex Marriage
By Jeff Nowak
Of course, this kind of stuff happens while I'm on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it…
Employment Law Matters
Positive performance reviews do not negate employer’s ability to fire employee upon discovery of previously unknown poor performance.
According to the 4th U.S. Circuit Court of Appeals, evidence of previously unknown poor performance is sufficient basis for an employee’s, even if that evidence is discovered during that employee’s…
Pennsylvania Labor & Employment Blog
DOL Issues Clarification of FMLA Rights for Same-Sex Spouses
In light of the Supreme Court's recent decision in United States v. Windsor, the U.S. Department of Labor has just issued updated guidance for employers concerning the rights of same-sex…
Employment Discrimination Report
Employers Need to Be Careful How They Access Employees’ Facebook Accounts: Part 1
There have been an increasing number of articles and cases about employees’ misdeeds spread across Facebook or other similar social media sites. With some of the stupid things employees post…
Connecticut Employment Law Blog
For Same-Sex Couples: If You’re Married in CT, You Have a ‘Spouse’ Under FMLA
Back in June, after the Supreme Court's ruling on same-sex marriage, I made a fairly easy prediction: The federal FMLA is also anticipated to undergo some pretty big changes in…