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-- An attorney subscriber
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Search the News Archive
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30 Matching News Items |
| 1. |
Pierson Ferdinand LLP
Nov. 12, 2025
"A federal appeals court affirmed summary judgment for the employer on an employee's Family and Medical Leave Act (FMLA) interference and retaliation claims. The court held that the company would have fired him for safety violations regardless of his FMLA leave, which defeated both claims." [Wilkie v. Outokumpu Stainless USA, LLC, No. 24-14109 (11th Cir. Nov. 4, 2025)]
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| 2. |
Pierson Ferdinand LLP
Oct. 3, 2025
"When your employees do not work a standard 9-to-5 schedule, calculating their [FMLA] entitlement can get tricky. [DOL Opinion Letter FMLA2025-02-A] clarifies how to handle it, especially when mandatory overtime and optional extra shifts are part of the mix."
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| 3. |
Pierson Ferdinand LLP
Sept. 25, 2025
"The Fifth Circuit recently affirmed summary judgment for an employer in a case where a longtime employee claimed, through one count labeled as FMLA discrimination, interference, and retaliation, that she was fired after taking leave. But she and her doctor admitted she could still perform the functions of her job throughout the leave period. That admission doomed her claim because she was never entitled to FMLA protections in the first place." [Holland v. Texas Christian Univ., No. 25-10567 (5th Cir. Sep. 8, 2025)]
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| 4. |
Pierson Ferdinand LLP
Aug. 22, 2025
"The Sixth Circuit held that a medical certification listing '2 days per month' for sickle cell flare ups was not a hard cap on FMLA leave. In the context of unpredictable intermittent leave, that number is only an approximation. Employers who believe absences exceed the certification must seek recertification, not deny leave." [Jackson v. USPS, No. 25-0231 (6th Cir. Aug. 21, 2025)]
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| 5. |
Pierson Ferdinand LLP
July 23, 2025
"Two City of Chicago employees sued under GINA, claiming the City's wellness program improperly requested genetic information from them and their spouses. But a federal judge granted summary judgment for the City, finding that neither plaintiff provided evidence the City ever acquired genetic information -- such as family medical history or genetic test results -- as defined by the statute. If your organization offers wellness incentives, this decision is a valuable GINA 101." [Burris v. City of Chicago, No. 20-0420 (N.D. Ill. Jul. 7, 2025)]
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| 6. |
Pierson Ferdinand LLP
July 16, 2025
"A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful." [Walker v. Southeastern Penn. Transp. Auth., No. 24-2275 (3d Cir. Jul. 8, 2025)]
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| 7. |
Pierson Ferdinand LLP
June 27, 2025
"This case isn't about whether the employee lied. It's about whether the employer followed the rules. And under the FMLA, suspicion isn't a substitute for process. So if something about the certification seems wrong, slow down, document everything, and follow the steps. That's how you protect your company and stay out of court." [Mook v. City of Martinsville, VA, No. 23-0028 (W.D. Va. Jun. 14, 2024)]
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| 8. |
Pierson Ferdinand LLP
June 18, 2025
"The trial court found that a mistake had occurred -- but denied reformation.... To reform a contract, there must be proof of a mutual agreement to different terms before signing.... On appeal, the First Circuit didn't reach the reformation question.... Because both readings were plausible, the contract's meaning couldn't be resolved as a matter of law. The district court should have considered extrinsic evidence -- emails, discussions, or draft language -- before deciding who was right." [Dahua Techology USA, Inc. v. Zhang, No. 24-1350 (1st Cir. May 12, 2025)]
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| 9. |
Pierson Ferdinand LLP
June 12, 2025
"The Seventh Circuit revived an FMLA interference claim brought by a former state employee who was fired after using the wrong type of paid leave to cover 30 minutes of pregnancy-related severe morning sickness. The court found genuine factual disputes and sent the case back for trial." [Davis v. Illinois Dept. of Human Serv., No. 22-2118 (7th Cir. May 14, 2025)]
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| 10. |
Pierson Ferdinand LLP
June 4, 2025
"The DOL's decision to bring back opinion letters isn't just administrative housekeeping. It's a renewed invitation to employers: Ask us how the law applies, and we'll tell you. That kind of regulatory transparency tends to be sporadic -- and when it is offered, smart employers take advantage."
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