The Department of Labor’s recent opinion letter provides important reminders to employers about the proper method for calculating an employee’s available leave under the Family and Medical Leave Act, especially for employees whose schedules include mandatory overtime. You can read our full analysis here.
Luke P. Breslin
Luke P. Breslin is a principal in the Berkeley Heights and Monmouth County, New Jersey, offices of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters in federal and state courts and administrative agencies, including the Equal Employment Opportunity Commission, and the New Jersey Division of Civil Rights. Luke is also a member of the firm’s Disability Management practice group and contributor to Jackson Lewis publications discussing various state and local leave laws. He counsels clients on the ever-changing landscape of leave laws, workplace accommodations and policies, which are designed to assist companies to comply with federal, state and municipal obligations.
U.S. Supreme Court Urged to Extend ADA Protections to Former Employees
The U.S. Supreme Court heard oral arguments on Jan. 13, 2025, in Stanley v. City of Sanford (No. 23-997), which addresses whether former employees have a right to sue their former employer under the Americans with Disabilities Act (ADA) for discrimination relating to receipt of post-employment fringe benefits.
Factual Background
Karyn Stanley is a former…
New Guidance Issued by Department of Labor Regarding Mental Health and the FMLA
On May 25, 2022, during Mental Health Awareness Month, the Wage and Hour Division (WHD) of the Department of Labor, the agency responsible for enforcing the Family and Medical Leave Act (FMLA), issued Fact Sheet # 28O and related Frequently Asked Questions, which discuss mental health and leaves of absence under the FMLA. The…