Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may not state claims under more than one statute but only

Paid leave benefits are a hot topic these days. The Congressional Research Service (CRS) has issued an updated report on states that have Paid Family and Medical Leave (PFML) programs and how they work.

Federal FMLA and Unpaid Leave

We all know that the federal Family and Medical Leave Act (FMLA) requires employers with 50

This week, the EEOC issued new guidance regarding pandemic-related caregiver discrimination. The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women so discrimination against caregivers often looks like sex discrimination. While the updated guidance is specific to COVID-19, is it packed full of good practices to follow regardless of the

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 EditionMany of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some bright, shining blessings in what has otherwise been another difficult year. We are grateful

Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine? The answer is it depends.

Why is the employee refusing the vaccine?

For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game for termination. Typically, however, an employee will seek a reasonable accommodation that enables him or her not

The Doctor Will See You Now via Telemedicine and It May Qualify as Treatment under the FMLAAs you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least for a while longer). One widespread change is the use of videoconferencing, including in the medical field. An increase in the use of videoconferences to treat patients (aka telemedicine or telehealth) and efforts to

Department of Labor Provides Easier, Breezier FMLA Electronic Notice Forms for EmployersIn a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the number of questions that require written responses. Instead, many categories can now be handled

Yes, We Think We’re Open… Getting your Employees Back to Work During and After the COVID-19 Pandemic (Part I)One of the hardest things about the COVID-19 crisis is that nobody is sure about when things will open back up and life can go back to “normal.” If you’re an employer, this likely means you have more questions than answers about how to move forward. What if an employee refuses to come back to

What Employers Need to Know About U.S. House Bill 6201: Families First Coronavirus Response Act

Wednesday afternoon, the Senate passed the Families First Coronavirus Response Act, and President Trump signed it into law. The act contains several provisions that will significantly impact employers with fewer than 500 employees.

If this applies to you, your obligations become effective no later than April 2, 2020 – 15 days from the date of

Do You Have a Plan for a Pandemic? Dealing with Sick, Not So Sick, and Not Even Sick EmployeesThe coronavirus has already had a large (some would say devastating) effect on the global economy. How will it affect the day-to-day operations of an employer? Obviously, businesses want their employees to be safe and healthy, but news stories about the spread of an infectious disease can affect a workforce in many different ways.  Employers