IAML Insights

January 29, 2019

One of the questions that clients ask me most often is, "________ is out on a medical / pregnancy leave (or just returned); can we fire him/her?"My response, always: "Why?"There are several reasons why you might need to fire an employee who is absent from work on, or just returned from, an otherwise FMLA or ADA protected leave. While...

January 28, 2019

The idea seems so simple: Instead of carefully tracking how much time each employee takes off during the year, we all agree to treat one another as professional, responsible adults, and take off whatever time we need consistent with getting our work done. That’s the idea behind unlimited vacation or PTO policies, and it does seem great in theory....

January 25, 2019

Another chapter in a continuing saga. I've written three times about Dale Kleber (here, here, and here), the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company. Mr. Kleber, who was 58 years old at the time he applied, sued the company for age discrimination after a...

January 24, 2019

In Reinig v. RBS Citizens, N.A., a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were unlawfully denied overtime pay for work performed off-the-clock.  This precedential decision is significant for...

January 23, 2019

On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed an Obama-era Board decision that had expanded employee protections, and clarified that even if an employee states a...

January 22, 2019

A federal court jury in Miami has awarded a hotel dishwasher $21.5 million after concluding that her employer failed to honor her religious beliefs by repeatedly scheduling her on Sundays, and then firing her.According to the South Florida Sun Sentinel, Marie Jean Pierre is a member of the Soldiers of Christ Church, a Catholic missionary...