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

By Linda C. Schoonmaker and Brian A. Wadsworth

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance issues and following internal policies. This case serves as a good reminder for employers to continue to document performance issues
Continue Reading Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

By Sara Eber Fowler, Rhandi Childress Anderson, and Erin Dougherty Foley

Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave.

What if an employee wanted to say “no thank you” to their FMLA rights, use their other available leave, thereby saving
Continue Reading It’s Not A Choice – The DOL Emphasizes That Employers Must Designate FMLA Leave When It Applies

By Paul Galligan, Gena B. Usenheimer, and Meredith-Anne Berger

Seyfarth Synopsis: Three Republicans from the House of Representatives hailing from states with paid family and sick leave laws have sponsored the Workflex in the 21st Century Act, signaling increasing frustration with the complexities of multi-state compliance. Representatives Mimi Walters of California, Elise Stefanik of New
Continue Reading Proposed National Paid Leave and Flexible Work Options Law Will Preempt State Leave Laws