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Francis P. (Frank) Alvarez is a Principal in the White Plains, New York, office of Jackson Lewis P.C. He is the Leader of the Disability, Leave and Health Management Practice Group, which assists employers in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees.

Counseling hundreds of employers each year, Mr. Alvarez spearheads the firm’s effort to provide imaginative and creative solutions to the complex array of workplace disability and health management issues faced by both large and small companies. In the Jackson Lewis tradition, Mr. Alvarez counsels clients with the goal of either avoiding litigation entirely or improving outcomes before administrative agencies, courts and juries.

Mr. Alvarez especially enjoys assisting clients conduct the “individualized assessment” required by a growing number of federal and state laws. These efforts include helping employers effectively communicate with employees and medical providers in an effort to evaluate potential risks to health and safety posed by employee injuries or illnesses. In an area of law in which there often are few bright lines, Mr. Alvarez attempts to develop practical and constructive solutions centered on the concept he calls "tc2" -- taking care of employees and taking control of risks.

Recently, Mr. Alvarez has begun leading the Firm into another exciting and fast-developing area of workplace law called "health management." Challenged by increases in health care and work injury costs, employers are searching for innovative ways to motivate employees to participate in wellness and health promotion programs. Mr. Alvarez leads a team of Jackson Lewis attorneys who advise employers on ways to implement these important programs while complying with emerging and largely undeveloped federal and state law protections.

Mr. Alvarez writes and speaks frequently on disability management issues, including legal developments under the Americans with Disabilities Act and the Family and Medical Leave Act. He has delivered presentations at major speaking engagements, including SHRM's national and legislative conferences. Throughout his legal career, Mr. Alvarez has represented employers as lead counsel in both trial and appellate courts and has successfully tried employment discrimination claims to verdict.

Late Friday, the Connecticut House passed a paid family and medical leave bill, which Governor Ned Lamont said he will sign, to provide paid leave to eligible employees and significantly expand employee eligibility and covered reasons for leave.   The major practical effects of the bill, once signed, are:

  • Making 12 weeks of paid leave,

Connecticut employers and employees are focused on Hartford, where last night the Senate passed a paid family and medical leave bill. Governor Ned Lamont said yesterday he would veto the bill. While Governor Lamont supports paid family and medical leave, he said he disagrees with the state-administered system outlined in the bill and wants to

Companies should begin preparing now for the new Westchester County Earned Sick Leave Law (“WCESLL”), which becomes effective on April 10, 2019. Here are five steps to get employers started.

1. Determine Whether Your Company Must Provide Employees More Paid Time Or Expand The Reasons Employees Can Use Paid Time Benefits.

Employers should confirm they

In a much anticipated decision, a Wisconsin federal district court has granted Orion Energy Systems, Inc.’s summary judgment on the EEOC’s challenge to its wellness program design. See Sept 19, 2016 Decision and Order. While largely good news for Orion, the ruling creates even more confusion for employers seeking clarity on wellness program design principles. 

When tragic events like Hurricane Sandy occur, many companies try to find ways to assist affected individuals, including the company’s employees and their families.  "Leave sharing" programs, in which employees donate paid leave to other employees who need to miss work due to the storm or disaster, often become popular.  Many companies are surprised to learn that there

The EEOC has released an unofficial version of the much-awaited Final Regulations implementing the ADA Amendments Act (ADAAA). The official version, published in the Federal Register, will be released tomorrow. The Final Regulations become effective 60 days from March 25, 2011, the day they will be published in the Federal Register, The EEOC also has

The class action wave seems to have come ashore for employers using financial incentives to drive participation in wellness programs. Leveraging the uncertain legal environment we have discussed previously, a federal district court in Florida granted class certification to current and former employees charged a $20 bi-weekly surcharge for not participating in a “voluntary” wellness program requiring biometric testing (finger stick for glucose and cholesterol) and completion of an online health risk assessment.
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The U.S. Department of Labor issued today an Administrator’s Interpretation of the FMLA Regulation defining "in loco parentis" relationships as part of the FMLA’s definition of "son" or "daughter".  Is this "big news" and, if so, why?  

One could always argue that individuals standing ‘in loco parentis" to a child covered under the FMLA could take FMLA leave for the birth or