Category Archives: FMLA

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Get Ready for Increased On-Site FMLA Compliance Investigations

The U.S. Department of Labor FMLA Branch Chief Helen Applewhaite recently announced the agencies’ renewed focus on conducting more on-site compliance investigations (“pivotal year for FMLA enforcement”). The DOL’s stated intent is two-fold: (1) to increase its investigators’ access to information; and (2) save time by reviewing the employer’s documents and interviewing employees on-site. A … Continue reading this entry

If it Passes, What Exactly Will the Proposed FMLA Enhancement Act Enhance?

On Feb. 5, 2014, Rep. Carolyn Maloney (D-NY) reintroduced a Bill, that if passed, would extend both who is covered and what is covered under the Federal and Medical Leave Act. Who:  Extending leave protections under the FMLA to employers with 25 or more employees, a lower threshold than the current 50 or more employee … Continue reading this entry

New Definition of “Spouse” would Expand FMLA Benefits to More Same-Sex Married Couples

Two weeks ago, the Secretary of Labor announced a proposed rule that would extend the benefits and protections of the Family and Medical Leave Act (“FMLA”) to employees in same-sex marriages, regardless of where they live. Currently, only spouses in a same-sex marriage who live in a state that recognizes same-sex marriage are entitled to … Continue reading this entry

Federal Court Rules Temp-to-Hire Employee's Hours Before and After Hire Must be Counted in Determining FMLA Eligibility

The interplay between staffing agencies and client companies continues to be a common source of litigation, including an increase in cases under the Family and Medical Leave Act (the “FMLA”).   Following on the heels of a Fifth Circuit ruling clarifying the FMLA obligations allocated to each of the staffing agency and client company, an Oklahoma … Continue reading this entry

Fifth Circuit Clarifies FMLA Obligations Relating to Staffing Agency Employees

Companies use temporary or leased employees for many reasons—to assist with seasonal work or temporary projects, to afford flexibility with a workload that might vary by customer demands, and sometimes in an effort to avoid responsibilities or liability that might result from an employment relationship.  This strategy can be effective in some—but not all—situations.  While … Continue reading this entry