IAML Insights

May 24, 2019

It’s been just over 10 years since the Department of Labor last introduced wholesale changes to the FMLA regulations. Remember those happy days back in 2009, when we were introduced to new FMLA notice requirements (for all), clarity over employee eligibility and holidays, emphasis on call-in procedures, favorable bonus language and waivers of FMLA...

May 22, 2019

On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for eliminating the plaintiff’s position while she was on leave, the timing of the decision, and remarks made during the plaintiff’...

May 21, 2019

A reader sent me the following question. I worked for a grocery store. Can a child molester be employed by the grocery store? I reported it to the manager, and showed proof and nothing was done about it.There’s a lot going on here. What does the law require an employer to do (if anything) under these circumstances? And what should...

May 20, 2019

With maybe some relief for employers. This week, the General Counsel of the National Labor Relations Board publicly released some advice memoranda that indicate better times for employers and possibly tougher times for unions and workers in the gig economy. (And tougher times for Scabby the Rat.)Advice Memoranda provide direction to the NLRB'...

May 16, 2019

On May 2, 2019, the Ninth Circuit Court of Appeals held that the California Supreme Court’s decision in Dynamex v. Superior Court, which applies a new test to determine if a worker is an employee or independent contractor, applies retroactively. Vazquez v. Jan-Pro Franchising International Inc. is a putative class action originally filed...

May 15, 2019

On Monday May 6, 2019, a Florida federal judge denied a strip club’s bid for sanctions against an exotic dancer and her lawyer who filed a so-called “cookie-cutter” Fair Labor Standards Act lawsuit, depriving the strip club of the chance to recoup. The next day, on Tuesday, May 7, 2019, a Texas state jury awarded a plaintiff $80 million – of which...