Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

Jennifer Mora – March 30, 2016 It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1 That said, courts have consistently held that employers can have legitimate work rules that prohibit alcohol use in the workforce. However, the line between having a protected…

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Seventh Circuit Backs Employer on Running of FMLA Statute of Limitations

The Family and Medical Leave Act contains a two-year statute of limitations for claims of interference with or retaliation against protected employee activity. Last month, the Seventh Circuit Court of Appeals faced questions over when this limitations period begins running. The court concluded that the two-year period starts on the last date an employer denied…

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Faulty Time Clock Dooms Employer’s Motion to Dismiss Employee’s FMLA Claim

By Curtis Fox, Steven Luckner, Evan J. Shenkman August 21, 2015 In Barnes v. Vibra Healthcare, LLC, No. 14-CV-5678 (D.N.J. May 26, 2015), the U.S. District Court for the District of New Jersey denied the employer’s motion to dismiss the plaintiff’s claim brought under the Family and Medical Leave Act (FMLA) on the threshold issue…

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New updated APWU FMLA Forms

I have NEW updated APWU FMLA Forms that were created by Kathleen Kaplan (Florida State OWCP Representative), Tony Neri (Florida Maintenance Craft Director), Joni Jacobs Esq. and Tony McKinnon (National Industrial Relations Director). These forms are more user friendly and can be downloaded from the attached link to the Southwest Florida Area Local – APWU…

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OPM Handbook on Workplace Flexibilities and Work-Life Programs for Elder Care (July 2015)

I. Introduction The Federal Government offers a wide array of workplace flexibilities and work-life programs that can be combined in many ways to achieve the type of flexibility that allows employees time off for elder caregiving needs. To build on our record of leadership through better education and training, the U.S. Office of Personnel Management…

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New FMLA Forms Are Here Just in Time for Summer!

By Kamran Mirrafati – June 3, 2015 You can sleep a little easier tonight — you no longer have to worry about using expired Family and Medical Leave Act of 1993 (FMLA) forms. On May 27, 2015, the United States Department of Labor (DOL) quietly updated its FMLA forms with a new expiration date of…

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Staples to pay former Columbia, SC employee $275,000 for FMLA violation

FOR IMMEDIATE RELEASE Thursday, May 28, 2015 Staples, Inc. and Staples Contract and Commercial, Inc. Settle Allegations that it violated the Family Medical Leave Act for $275,000 COLUMBIA, South Carolina—-  United States Attorney Bill Nettles announced today that the United States Attorney’s Office for the District of South Carolina, working alongside the United States Department…

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Potential Pitfalls of Terminating an Employee who Requests Extended Leave

By R. Douglas Taylor, Jr. – April 3, 2015 An employee who requests time off due to a medical or disability-related issue may have rights under the Family and Medical Leave Act or FMLA, the Americans with Disabilities Act or ADA and state and local corollaries to those laws. Depending on the factual circumstances, one…

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