On March 18, 2020, President Trump signed the Families First Corona Virus Response Act.  The Families First Act requires small and midsized employers to provide paid sick leave benefits and expanded FMLA leave to employees needing time away from work due to COVID-19 reasons.  While the Act provide others benefits, the FMLA Expansion Act and

On March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act and Emergency Paid Leave Act of 2020. The Bills, if passed by the Senate, will provide: paid sick leave and unemployment benefits to employees taking leave as a result of COVID-19; expand FMLA eligibility and qualifying reasons for taking

A recent case from the Second Circuit Court of Appeals should remind HR Directors (and supervisors) to be particularly vigilant in handling employee FMLA leaves of absence. In Graziadio v. Culinary Institute of America, the appellate court reversed a trial court victory for the employer and the two individual supervisors (one of whom was

The DOL regulations require FMLA-covered employers to provide various notices to employees.  The regulations do not dictate how all of the notices must be delivered.  Most employers utilize hand-delivery or regular U.S. mail for most pre-leave notices (eligibility and pre-leave designations) and use U.S. mail almost exclusively for post-leave notices (i.e., when the employee is already out

While the FMLA normally requires an eligible employee be reinstated to an equivalent position at the end of his FMLA leave, the employee has no greater right to reinstatement than if the employee had been continually employed.  Thus, there are several situations where an employee is not entitled to reinstatement.

First, where an employer conducts a layoff or reduction

The U.S. Supreme Court will decide next term whether it is law enforcement’s warrantless placement of GPS devices on a suspect’s vehicle amounts to an unlawful search or seizure in violation of the Fourth Amendment.  The Fifth Circuit has already authorized law enforcement’s use of this warrantless tactic.  Similarly, a New Jersey court has blessed a spouse’s use of GPS