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Guide to Employer FMLA Notices with DOL Approved FMLA Forms
A. Employer Notices The 2008 FMLA regulations require four separate types of Employer notices: “General notice,” which means the poster listing employees’ FMLA rights, plus a new a requirement t... applies to All States

Family and Care Giver Discrimination, Harassment and Discharge
Family responsibility discrimination is an emerging area of discrimination law. Although no specific law designates a family care giver as a protected class, a number of laws protect people with famil... applies to Florida

Family and Medical Leave Act 2008 Rule Changes.
The Department of Labor issued final changes to its Family and Medical Leave Act (FMLA) rules, which took effect on January 16, 2009. These changes include the new leave related to military service me... applies to All States

Florida wrongful discharge law
Florida law does not recognize a “wrongful termination” or "wrongful discharge" claim, at least by that name. Florida is an at-will state, which means that an employer may fire, demote, hire, prom... applies to Florida

Families First Coronavirus Response Act - An analysis of House Bill 6201
On March 19, 2020 the Senate passed the Families First Coronavirus Response Act to address some employment impacts of the coronavirus and COVID-19. It was a much smaller version of the Act that passed... applies to All States

Ohio Public Policy exception to At-will Employment
In Greeley v. Miami Valley Maint. Contractors , 49 Ohio St. 3d 228 (Ohio 1990), the Ohio Supreme Court held that "[p]ublic policy warrants an exception to the employment-at-will doctrine when an emplo... applies to Ohio

List of Employment Law FAQs
Non-competition Severance pay Retaliation Sexual harassment Family leave Discrimination Wrongfully accused Overtime Tax Issues in Settlements Healthy Families Act Smoke free workplace Ohio non-compete... applies to All States

Overview of COBRA Health Insurance Continuation Rights
COBRA is a federal law that requires group health plans to continue covering an employee after the employee's employment has ended. COBRA stands for the Consolidated Omnibus Budget Reconciliation Act,... applies to All States

EEOC Time Limit for Filing a Charge of Discrimination
Before a sexual harassment or other discrimination victim can file suit in federal court, they must first file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Feder... applies to All States

Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. 42 USC 12101 et seq. A qualified individual with a disability is an individual with ... applies to All States

Minimum Wage and Overtime Exemptions
The Fair Labor Standards Act (the "FLSA") excludes individuals from coverage and exempts others from overtime and/or the minimume wage. The FLSA excludes individuals in the definition of "employee" in... applies to All States

Executive Orders affecting Unions issued by the Obama Administration.
President Barack Obama signed a series of executive orders in his first month in office favorable to organized labor. They include: Notification of employee rights under federal labor laws ; Economy i... applies to All States

Severance Pay can reduce Ohio Unemployment Compensation Benefits
Severance pay in Ohio can reduce or eliminate an employee's unemployment compensation benefits for the weeks that the severance pay is received. If an employer pays severance pay in a lump sum, the Oh... applies to Ohio

Employee Benefits Overview
As a result of the employment relationship, employees are entitled to certain benefits, such as retirement and disability compensation, as a matter of law. In addition, once an employer decides to off... applies to All States

Ohio Minimum Wage with Treble Damages and Attorneys Fees
On November 7, 2006 Ohio voters passed the Ohio Constitutional Minimum Wage , which amended Ohio’s constitution to require employers to pay a minimum wage of $6.85 per hour. The amount of the minimu... applies to Ohio

Summary of ADA Amendments Act of 2008 (ADAAA)
On September 25, 2008, President Bush signed the ADA Amendment Act (ADAAA) into law. It's effective date is January 1, 2009. The U.S. Senate and the U.S. House of Representatives both unanimously pass... applies to All States

Discovery Plans for Employment Litigation
A court’s Rules of Civil Procedure (its “Civil Rules”) empower the parties to gather evidence, including that in the control of opposing parties and reluctant witnesses. The Civil Rules do this ... applies to All States

Defamation in the Illinois Workplace
Current and former employees are sometimes targets of false statements made in the workplace. Defamation is a tort action which allows the employee who was wronged (plaintiff) to recover for harm to h... applies to Illinois

WARN Act Requires 60 Days Notice for Plant Closings and Mass Layoffs
The Worker Adjustment Retraining and Notification Act ("WARN") requires employers to provide 60 days advance written notice of a "plant closing" and "mass layoffs." This article defines a mass layoff ... applies to All States

Negotiating Severance Agreements
Parties bargaining to reach a mutually acceptable outcome must, as with any negotiation: Have a shared desire to resolve the dispute; Identify the interests at stake; Invent options for mutual gain; S... applies to All States

Overview of Unlawful Employment Discrimination
Unlawful employment discrimination means adverse treatment of employees motivated by the employees' age, sex, race, creed, religion, national origin, disability, veterans status or other protected cla... applies to All States

Trade Secrets Overview
A trade secret is information that is not known to the public, that its owner takes steps to keep from public knowledge and that has value because it is not known to the public. The owners of trade se... applies to All States

Virginia Non-competition Law
Restrictive covenants are disfavored in Virginia as restraints on trade. Virginia courts will enforce restraints in non-competes only if the restraint is: reasonable in that it is no greater than nece... applies to Virginia

Arbitration of Employment Disputes
The federal arbitration act (FAA), 9 U.S.C. § 1, et seq . and Ohio’s arbitration act ORC § 2711.01 et seq. , both direct a court to stay trial of a matter that is the subject of a written arbitrat... applies to Ohio

When Your FMLA Leave Expires in California
One of the more common mistakes that employers make with regard to employees' medical leave and disability rights under ADA and FEHA is assuming that just because an employee's FMLA or CFRA leave has ... applies to California

Family Medical Leave Act
Federal and state laws protect employees from unfair and unlawful treatment at the hands of their employers. One of those laws is the “Family Medical Leave Act” or FMLA. FMLA became federal law in... applies to Pennsylvania

What is considered a wrongful termination in Ohio?
We are often asked by individuals and other attorneys, what is considered a " wrongful termination " in Ohio. The term "wrongful termination" really includes a wide variety of unla... applies to Ohio

7 Things You Didn’t Know About Medical Leave Of Absence From Work
Currently, a majority of employees in California struggle with work-life balance. An individual may be striving for that promotion at work, finding time to go to their kid’s soccer game, praying... applies to All States

Intentional Torts
The Fourth District Court of Appeals recently affirms that intentional torts in the workplace, like sexual touchings giving rise to a claim for sexual harrassment, are not covered under Worker’s Com... applies to Florida

Genetic Discrimination Under GINA
Enter your article here A woman who tested positive for the breast cancer gene brought suit against her employer MXnergy for violation of the Genetic Information Nondiscrimination Act of 2008 (GINA) w... applies to All States

Who is Considered an Immediate “family member” for purposes of taking FMLA Leave?
As if working hard for that promotion or striving for better shifts wasn’t hard enough, what happens when the unexpected throws you off course? Becoming extremely ill, being injured in an accide... applies to All States

Do I need to provide a doctor’s note to verify the need for a medical leave of absence?
Taking a medical leave of absence is not ideal for an employee or their employer, but it happens. The law recognizes that sometimes things happen in an employee’s life that they have little or n... applies to All States

2 Challenges Veterans Might Face at Work
Veterans often have difficulties getting hired, in part due to widespread stereotypes and biases against them. Even when veterans get past that first stage and are hired (congrats!), they unfortunatel... applies to California

EEOC Expands Definition of Disability
The Equal Employment Opportunity Commission has issued final rules, effective May 24, 2011, interpreting the Americans with Disabilities Act Amendments Act of 2008. The new rules broaden coverage unde... applies to New York

The EEOC Announces Multiple Six Figure Settlements of 100% Healed Cases.
100% Healed Policies: A Recipe for Disaster. The Equal Employment Opportunity Commission recently announced six figure settlements of multiple federal lawsuits alleging employer failures to accommodat... applies to All States

Five Facts about New York's New Employment Protections
In June 2019, the New York Legislature passed major changes to the state's employment laws. The new and expanded provisions offer greater protections to victims of sexual harassment and workplace ... applies to New York

Five Facts About Pregnancy Discrimination
Pregnancy discrimination means treating someone unfavorably because of pregnancy, childbirth, or a pregnancy-related medical condition. It can also include retaliation for taking paid family leave . F... applies to All States

How to Get the Best Virginia Workers Compensation Settlement
When you are injured in a work place accident, you will probably be eligible for Virginia workers' compensation. At some point the insurance company will approach you and ask you if you are interested... applies to Virginia

Work from Home Registered Nurse exempt from overtime pay
January 21, 2020 Under the Fair Labor Standards Act a registered nurse consultant worked from home, rarely interacted with her supervisors, applied her employer’s clinical guidelines while analyzing... applies to New York

3 Upcoming Job Discrimination Cases with Huge Implications for LGBT Rights
The Supreme Court will soon be deciding on a matter very personal to people who are part of, or allies of, the LGBT (or LGBTQIA+) community. The major issue they are expected to rule on in three upcom... applies to California

4 Ways Employment Law Addresses Sex Discrimination
In 2019, especially in California, society has gravitated to a more forward-thinking attitude towards the way sex and gender is understood. Ideas of what is considered “normal” or the very... applies to California

Why I Won't Take Your Case
"Because you're an idiot," is probably a completely unacceptable reason for refusing to accept representation of a prospective client (even if it is the real reason.) For more than a decade of solo pr... applies to Pennsylvania

Josh Morrow Workplace Fairness Fund for Employment Litigation Court Costs.
The Josh Morrow Workplace Fairness Fund provides loans to attorneys representing employees in litigation against their employers. Loans must be repaid from any recovery but are generally forgiven if t... applies to All States

7 Famous Whistle blowers Who Sought Truth and Justice
While most whistleblower cases do not make headlines, some of them do because of the scope of wrongdoing found or the fame of the businesses or people involved. Whistleblower laws protecting people wh... applies to California

4 Things To Know About Leaves Of Absence And Wrongful Termination
Have you ever wondered what would happen if you became very ill suddenly and couldn’t go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would ... applies to California

How To Deal With Sexual Harassment Outside Of The Workplace
How to deal with sexual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) th... applies to All States

4 Rights Transgender Employees Have in California
While it is often challenging for any employee navigating work life to be a member of the LGBTQ community, transgender people tend to face the most severe problems, particularly in terms of discrimina... applies to California

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