On July 30, 2019, California Governor Gavin Newsom signed SB 30 into law, changing existing law to permit opposite-sex couples under the age of 62 years old to register as domestic partners. Those who enter into domestic partnerships have the same rights, protections, and benefits as spouses under California law, including the right, if otherwise
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What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger & Sean P. Dawson on
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 27th blog in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability.
Filling an employee’s position while…
Westchester Safe Time Leave Has Arrived
By Arin M. Liebman & Susan M. Corcoran on
Posted in Earned Sick Leave, Leave
The Westchester County Safe Time Leave Law takes effect today October 30, 2019. Starting on January 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how the law applies to them. Employers have until January 28, 2020 to provide a …
Election Day is Coming – What are Your Obligations as an Employer?
Posted in Leave
With Election Day fast approaching, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance. Applicable voting laws vary by state. Some state…
Regular, On-Site Attendance Is Essential Function of Auditor Job, Sixth Circuit Rules
By Jonathan A. Roth on
The Sixth Circuit previously explained in Hostettler v. College of Wooster, 895 F.3d 844 (6th Cir. 2018) that regular, in-person attendance is not a per se essential function of every job. Rather, employers must tie time-and-presence requirements to the specific job at issue. In Popeck v. Rawlings Co., LLC, No. 19-5092 (6th Cir.
New DOL Opinion Letter – No Delaying Designating FMLA Leave, Even When A Collective Bargaining Agreement Provides Otherwise
By David S. Mohl on
On September 10, 2019, the Department of Labor issued an FMLA opinion letter stating that an employer may not delay designating paid leave as FMLA leave if the delay complies with a collective bargaining agreement (CBA) and the employee prefers that the designation be delayed.
The CBAs in question provided employees with job protected paid…
What’s New in 2019? A Look at the Ever-Changing Leave and Accommodation Law Landscape
2019 has brought a flurry of new leave and accommodation laws. In fact, in the first 8 months of 2019, more than 20 new laws in this area have passed.
The states (and US territory) that passed new laws, expanded or otherwise amended existing leave and accommodation laws, or had new laws go into effect…
With Broad FMLA “Benefits” Interpretation, Sixth Circuit Faults “No-Fault” Attendance Policy
By Jonathan A. Roth on
Employers must carefully navigate Family and Medical Leave Act (“FMLA”) pitfalls when administering attendance policies. As illustrated by the Sixth Circuit’s decision in Dyer v. Ventra Sandusky, LLC, No. 18-3802 (6th Cir. Aug. 8, 2019), one misstep can lead to potential FMLA liability.
Background
Dyer worked as a technician for automotive supplier Ventra…
Oregon Joins Growing Number of States Requiring Paid Family and Medical Leave
By Daniel J. Moses on
Just hours before the constitutionally-mandated end of Oregon’s state legislative session (June 30 at midnight), the Oregon Senate voted to pass HB 2005—which will provide paid family and medical leave to eligible employees beginning January 1, 2023. HB 2005 now heads to the desk of Governor Kate Brown, who has already said she intends…
Oregon Enacts Living Donor Leave Law
By Daniel J. Moses on
Earlier this month, Oregon Governor Kate Brown signed Senate Bill 796 into law—after it passed 28-1 in the state Senate, and unanimously in the House—providing protected leave under the Oregon Family Leave Act (“OFLA”) for employees who miss work in connection with donating a body part, organ, or tissue.
The bill expands OFLA’s definition of…