DOL Issues Three New Wage and Hour Opinion Letters

September 10, 2019 WASHINGTON, DC – The U.S. Department of Labor announced today that it has issued three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Consumer Credit Protection Act (CCPA). An opinion letter is an official, written opinion…

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DOL Proposes Revisions to its Model FMLA Forms, Comments are being Accepted

The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA). Employers may, but are not required to, utilize the model forms to satisfy their notice requirements under the law and to obtain necessary information…

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Senators Cassidy and Sinema Release Bipartisan Paid Leave Proposal

Press Release – July 30, 2019 WASHINGTON–U.S. Senators Bill Cassidy, M.D. (R-LA) and Kyrsten Sinema (D-AZ) today released the Cassidy-Sinema plan, Congress’ first bipartisan paid leave proposal for American families. The solution gives new parents the option to bring forward their recently increased Child Tax Credit (CTC) to receive a $5,000 benefit, giving them flexibility…

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NARFE: House Approves Paid Family Leave for Feds

Last week, the House of Representatives passed the National Defense Authorization Act (NDAA), H.R. 2500, in a 220-197 vote, containing a long-overdue benefit for federal employees – paid family leave. NARFE National President Ken Thomas previously sent a letter to the House of Representatives urging it to support the provision, which is identical to a…

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$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers

By McGuireWoods LLP – June 26, 2019 It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for medical leave. A recent decision from the Massachusetts Supreme Judicial Court…

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Former USPS employee alleges he was terminated while on FMLA leave

By Kristine Gonzales-Abella – October 4, 2018 HOUSTON – A Houston man formerly employed by the United States Postal Service alleges he was retaliated against and terminated because he took a medical leave. James Williams filed a complaint on Sept. 14 in the Houston Division of the Southern District of Texas against United States Postal…

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DOL Issues Two New FMLA Opinion Letters

Organ Donation Surgery Can Qualify as Serious Health Condition Under FMLA The DOL considered whether an employee who donates an organ can qualify for leave under the Family Medical Leave Act, even when the donor is in good health before the donation and chooses to donate the organ solely to improve someone else’s health. Additionally,…

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Keeping FMLA Usage Confidential Pays Off For USPS: Employee Failed To Prove Retaliation Claim

By Jody M. Florence – July 10, 2018 An employee’s retaliation claim under the Family and Medical Leave Act (FMLA) failed because he was unable to prove that the managers who decided to temporarily transfer him knew about his FMLA leave, according to the 6th U.S. Circuit Court of Appeals. A manager of customer services…

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