By Saman Haque and Ellen E. McLaughlin

Seyfarth Synopsis: In a recent ruling, Roberts v. Gestamp (Decided August 15, 2022), the Fourth Circuit reversed, in part, the lower court’s decision to grant the Company’s motion for summary judgment on the grounds that the employee did not follow the Company’s “usual and customary” absence notice procedures as required by the Family
Continue Reading How A Facebook Messenger Chat Can Become a “Usual and Customary” FMLA Notice Procedure For a Company

By Adam R. YoungA. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. CurtisBrent I. Clark, Benjamin D. Briggs, and Craig B. Simonsen

Seyfarth Synopsis: The WHO and the CDC have updated statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.”
Continue Reading UPDATED: The U.S. Joins WHO, Declaring Monkeypox a Public Health Emergency

By Adam R. YoungA. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. CurtisBrent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: The WHO and the CDC issued statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.”

On July 23, 2022, the
Continue Reading WHO Declares Monkeypox Disease a Public Health Emergency of International Concern

By Gillian B. LeporeMeg Toth, and Sara Eber Fowler

Seyfarth Synopsis: Illinois recently amended its Child Bereavement Leave Act to expand the reasons for leave, including miscarriage and stillbirth, and adds additional covered family members.  The law will now be called the “Family Bereavement Leave Act” and goes into effect on January 1, 2023. 

On June 9,
Continue Reading Illinois Expands Its Bereavement Leave Act

By Cary Reid Burke and Stan Hill

Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the employer in Ramji v. Hospital Housekeeping Systems, Inc., Case No. 19-13461 (11th Cir. April 6, 2021).

First, an employer cannot get
Continue Reading 11th Circuit to Employers: Heed Your FMLA Obligations

By Romtin Parvaresh and Daniel C. Whang

Seyfarth Synopsis: The U.S. Court of Appeals for the Ninth Circuit recently became the seventh federal appellate court to hold that the standard for “willful” violations under the Family and Medical Leave Act is whether the employer knows or shows reckless disregard for whether its conduct violates the FMLA.

The Ninth Circuit’s
Continue Reading Majority of Federal Courts Now Agree on Standard for Willful Violations of FMLA

By Nolan R. Theurer and Andrew M. McNaught

Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed to support his allegations with sufficient evidence. The decision prevents plaintiffs with associational discrimination claims from relying on unsupported allegations of
Continue Reading 7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

By Erin Dougherty Foley and Craig B. Simonsen

Seyfarth Synopsis: Seven years ago today The Employment Law Lookout Blog launched its twice weekly publications. Now as we enter a new year — we wanted to celebrate this milestone by taking a look back at our seven most popular posts of “all time.”  (As compiled by our marketing team and
Continue Reading Happy Birthday to Us! Employment Law Lookout Blog’s Seventh Year Anniversary – A Look Back at our Top Posts

By Linda C. Schoonmaker and Brian A. Wadsworth

Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in Trahan v. Wayfair Maine, Inc., Civil Action 19-1961.

The former employee plaintiff claimed that her employer discriminated against her when it terminated her employment and failed to honor her accommodation request after the employer
Continue Reading Too Little, Too Late: The First Circuit Finds For Employers in an Accommodation Request Made After The Termination Decision

By Funto P. Seton and Esteban Shardonofsky

Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims under the Family and Medical Leave Act (FMLA). An interlocutory appeal recently taken from the federal court
Continue Reading “But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split