Archives: FMLA

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Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in Cassandra Woods v. START Treatment & Recovery Centers, courts within the Second Circuit must consider whether the exercise of an employee’s … Continue Reading

Navigating Through the Smoke: The Intersection of Marijuana Legalization and Employment Law

Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this posting, the vote in Maine is subject to a recount). These states join Alaska, Colorado, the District of Columbia, Oregon and Washington, … Continue Reading

New York: Paid Leave

Until now, within the U.S., only California, New Jersey, Rhode Island, and Washington have had paid family leave statutes, none of which offers benefits longer than six weeks. New York now joins those states offering a paid family leave program for its workers, but New York’s program will be the most robust, providing 12 full … Continue Reading

Second Circuit Defines Test for Individual Liability Under the FMLA

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the employer and individual defendant on the question of individual liability based on a human resource professional’s exercise of … Continue Reading

Protect the Knowledge and Relationships that Make Your Business Valuable

Editor’s Note: Originally published by the Columbus Chamber of Commerce, this article appeared on their website January 6, 2016. It is republished to BakerHostetler’s Employment Law Spotlight with their permission. A key employee leaves.  She takes a job with your top competitor.  With what she knows – and who she knows – she could undercut your pitches … Continue Reading

No Tag-Backs! Employee Is Entitled to FMLA Coverage, Even Though Not Eligible

The playground game of tag has been played since at least the Cretaceous Period, with efforts by paleontologists to verify earlier origins of the game inconclusive to date. As all sophisticated tag players know, the unwritten rules of the game permit no tag-backs. Once you’ve been tagged, you can’t quickly undo having become “it” by retagging … Continue Reading
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