3RD CIRCUIT SAYS U.S. MAIL MAY NOT BE ADEQUATE FOR FMLA NOTICES

August 16, 2014

The United States Court of Appeals for the Third Circuit has ruled that relying on the post office to deliver a letter may not be adequate.  The 3rd Circuit said that in this age of computerized communications, it is not expecting too much to require businesses that wish to avoid a material dispute about the receipt of a letter to use some form of mailing that includes verifiable receipt when mailing something as important as a legally mandated notice. Read the rest of this entry »


CHANGES TO CONNECTICUT PAID SICK LEAVE LAW HELP SOME EMPLOYERS

June 25, 2014

Connecticut has amended its paid sick leave law to make some changes that will make compliance easier for some employers.  The changes are effective January 1, 2015. Read the rest of this entry »


DOL PROPOSES REGULATIONS ON FMLA AND SAME-SEX MARRIAGES

June 20, 2014

The Department of Labor (DOL) has proposed to change the regulatory definition of spouse under the Family and Medical Leave Act (FMLA) to look to the law of the jurisdiction in which the marriage (including common law marriages) was entered into, not the law of the State in which the employee resides.  If finalized, this proposed regulation would override an earlier statement by the DOL that marriage would be based on state of residence for FMLA purposes. Read the rest of this entry »


NEWARK PUBLISHES FAQs ON NEW SICK LEAVE LAW

June 20, 2014

The City of Newark Department of Child and Family Well-Being has published answers to Frequently Asked Questions (FAQs) regarding the City’s new Paid Sick Time Ordinance.  Original indications were that the law would be effective in May; however, the announcement says the Ordinance becomes effective on June 21, 2014. Read the rest of this entry »


9TH CIRCUIT RULES EMPLOYEE CAN DECLINE TO USE FMLA LEAVE

June 18, 2014

The United States Court Of Appeals for The Ninth Circuit affirmed a district court’s judgment, after a jury trial, in favor of the defendant in an action under the Family and Medical Leave Act (FMLA) and its California equivalent.  The panel held that the district court did not err in denying the plaintiff’s motion for summary judgment because an employee can affirmatively decline to use FMLA leave, even if the underlying reason for seeking leave would have invoked FMLA protection. Read the rest of this entry »


MINNESOTA WOMEN’S ECONOMIC SECURITY ACT AFFECTS LEAVES

June 11, 2014

The Minnesota Women’s Economic Security Act (WESA) is a law with multiple parts affecting wages, unemployment benefits, leave rights and protections for pregnant and nursing mothers, among other things.  Some of the provisions of this new law took effect immediately, while others have later effective dates. Read the rest of this entry »


10TH CIRCUIT SAYS LEAVE OF MORE THAN 6 MONTHS IS UNREASONABLE

June 9, 2014

Must an employer allow employees more than 6 months’ sick leave or face liability under the Rehabilitation Act?  According to the United States Court of Appeals for the Tenth Circuit, the answer is almost always no. Read the rest of this entry »