The Fifth Circuit issued an important opinion on an issue (i.e., judicial estoppel) that arises frequently when litigating employment disputes. The issue is whether an innocent bankruptcy trustee is judicially estopped from collecting assets, on behalf of the creditors, that were not disclosed by the debtor in his bankruptcy filings. The court of appeals held that, like
FMLA
Court Rules Employee Does Not Necessarily Need to Comply with Employer’s Heightened FMLA Notice Procedure
By Russell Cawyer on
Posted in Case Summaries, Leave of Absence
The exercise of sound judgment and the uniform, mechanical application of employment policies are not always synonymous. Every FMLA-covered employer in Texas, Mississippi and Louisiana should be interested in the Fifth Circuit’s most recent FMLA case resulting from an employer’s uniform application of its internal FMLA reporting policy. In Saenz v. Harlington Medical Center, the Court…
Texas Supreme Court Holds State Agencies Immune from FMLA Self-Care Lawsuits
By Russell Cawyer on
In its first FMLA opinion, the Texas Supreme Court held that agencies of the State of Texas cannot be sued for FMLA violations arising out of an employee’s FMLA leave taken for his own serious health condition. In University of Texas at El Paso v. Herrera, the Supreme Court of Texas held that, unlike the family care provisions of…
DOL Clarifies Definition of “Son or Daughter” under FMLA
By Russell Cawyer on
Posted in Leave of Absence, Wage & Hour
The U.S. Department of Labor has "clarified" the reach of the FMLA by offering an interpretation of the meaning of "son or daughter" under the FMLA. Under the FMLA regulations, a "son or daughter" is defined as:
a biological, adopted, or foster child, a stephchild, a legal ward, or a child of a person standing in loco
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FMLA Amended For Second Time in Two Years
By Russell Cawyer on
Posted in Leave of Absence
President Obama signed the 2010 National Defense Authorization Act setting the budget for the Department of Defense for fiscal year 2010. The NDAA amends the Family & Medical Leave Act and is effective immediately. In relevant part, the NDAA amends the FMLA to extend its military leave entitlements. The FMLA is amended, in relevant part, as follows:
- Expands the exigency
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