The Family and Medical Leave Act (FMLA) was designed, in large part, to protect the medical needs of employees with serious health conditions. The Department of Labor regulations, which provide guidance to both courts and companies, were revised on January 1, 2009, but continue to require that an employee provide notice of the need for
August 2009
Evidence of misconduct discovered during FMLA leave may support employee termination.
By Maria Danaher on
Posted in FMLA
An employee who takes leave under the Family and Medical Leave Act (FMLA) is entitled – in most instances – to be reinstated to his or her former position, with equivalent pay and benefits, upon expiration of that leave. However, an employee is not entitled to a position or other benefit of employment to which…
Company’s prompt reaction to noose precludes liability for racial discrimination.
By Maria Danaher on
Posted in Hostile environment, Race discrimination
When an individual claims to have been racially harassed by co-workers, he or she must show that the employer was negligent either in discovering or remedying the harassment. An employer can avoid liability for co-worker harassment if it takes prompt and appropriate remedial action that is likely to prevent the harassment from recurring. Recently, the…
OSHA may hold general contractor liable for subcontractor’s safety violations.
By Maria Danaher on
Posted in OSHA
The Occupational Safety and Health Administration (OSHA) may issue citations for safety violations at construction sites. Further, at those construction sites, OSHA may hold one employer responsible for the safety violations of other employers if the initial employer could reasonably be expected to prevent and abate the violations, based on some supervisory authority or …