"Employees filing FMLA retaliation claims in Eleventh Circuit courts now have a heightened burden of proof under the but-for causation standard ... [T]he Sixth Circuit tiptoed around the issue but stated that the but-for standard 'seems' correct. The Fourth Circuit has also applied the but-for causation standard ... [while] the Second and Third Circuits have looked to the motivating factor standard ... Due to this ever-growing circuit split, it is possible that the Supreme Court may take up the issue in the near future." [Lapham v. Walgreen Co., No. 21-10491 (11th Cir. Dec. 13, 2023)]  MORE >>