Practice/Industry Group Overview
Fisher & Phillips attorneys regularly advise employers on employee leave issues arising under the Family and Medical Leave Act (FMLA) and similar state laws, including those laws’ various notice, posting, and recordkeeping requirements. In addition, our attorneys help employers evaluate and process leave requests under the FMLA and state laws, defend charges of FMLA discrimination filed with the DOL, and defend lawsuits alleging violations of the FMLA and comparable state laws in state and federal courts. Attorneys also advise employers on leave as a reasonable accommodation under the Americans with Disabilities Act and its state law counterparts and concerning leave under state workers’ compensation laws.
Further, we provide advice to employers regarding leave issues for employees called to military service, which arise under the Veterans Benefits Improvement Act (VBIA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Articles Authored by Lawyers at this office:
High Court Limits Timing Of Certain ERISA Claims
, December 17, 2013
The U.S. Supreme Court unanimously upheld a contractual clause that limited a participant’s ability to file a lawsuit pursuant to a long-term disability (LTD) policy. The contractual limitation was three years from the date proof of loss was required. The decision confirms that there is no...
When Is More Leave Not a Reasonable Accommodation?
Howard A. Mavity, November 29, 2013
Cases under the ADA are fact specific. Often it is difficult to find clear cut standards for determining if an employee is qualified to perform the essential functions and if an accommodation is reasonable. In Attiogbe-Tay v. Southeast Rolling Hills LLC, a court concluded that a nurse who returned...
Healthcare Reform Update
Tabatha L. George, November 06, 2013
Despite glitches and long wait times, the Health Insurance Marketplace created by the Patient Protection and Affordable Care Act (ACA) came online October 1, 2013, and along with it arrived a new notice obligation for employers. Employers were required to distribute a notice of coverage options to...
Windsor & DOMA: Issues for Cross-Border Employers
Steven A. Witt, October 04, 2013
On June 26, 2013, the U.S. Supreme Court ruled in U.S. v. Windsor that Section 3 of the Defense of Marriage Act (“DOMA”), which defined “marriage” as strictly between opposite-sex couples and “spouse” as referring only to a person of the opposite sex who is a...
"Nursing Mother" Break Requirement Spurs Investigations, Lawsuits
John E. Thompson, August 02, 2013
A little-known section of the Patient Protection and Affordable Care Act requires employers covered by the federal Fair Labor Standards Act (FLSA) to allow a worker to take unpaid break time to express breastmilk for her nursing child. The requirement extends for a year after the child is born.
Deadline To Update HIPAA Materials Is September 23, 2013
Callan G. Carter, August 02, 2013
On January 25, 2013, Health and Human Services (HHS), the federal agency in charge of implementing the Health Information Privacy and Accountability Act of 1996 (HIPAA) issued regulations modifying the HIPAA Privacy and Security enforcement rules. These regulations finalized the amendments to HIPAA...
Same-Sex Spouse Is Entitled To Death Benefits Under ERISA-Qualified Plan
, August 02, 2013
Following on the heels of the Supreme Court’s decision in U.S. v. Windsor, a federal district court in Pennsylvania recently held that the same-sex spouse of a deceased employee is entitled to receive death benefits under the employer’s ERISA-qualified plan. Cozen O’Connor v....
Supreme Court Rules DOMA Is Out, Same-Sex Marriages Are Legal
, June 28, 2013
As the 2012 term of the U. S. Supreme Court comes to a close, the Justices left the most politically and emotionally charged decisions for last. On June 26, 2013, the Court handed down its decision striking down the federal Defense of Marriage Act (DOMA) in United States v. Windsor. A companion...
Supreme Court Forbids Rewrite Of ERISA Plan
, April 17, 2013
The supremacy of a written ERISA -governed plan still reigns as the U.S. Supreme Court reversed the ruling of an appellate court which had held that a court in equity can ignore unambiguous subrogation reimbursement language, and simply rewrite the terms of an ERISA-governed plan in line with its...