Labor & Employment Law Updates
On March 9, 2022, the Seventh Circuit[1] affirmed the District Court’s finding that termination of employment based on discovery of the employee’s performance issues while she is on protected leave under the Family Medical Leave Act (“FMLA”) 29 U.S.C. § 2601 et seq. does not constitute FMLA interference[2] or FMLA retaliation.[3]
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On November 3, 2020, Colorado voters passed Proposition 118, which creates Paid Family and Medical Leave (“Paid FMLA”) obligations for all employers in the state. Employers must now provide 12 weeks paid leave for Colorado employees, plus an additional four weeks in case of medical complications.
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On August 3, 2020, the United States District Court for the Southern District of New York held that the Department of Labor’s (DOL) regulations in its Final Rule contravened the leave provisions established by Congress in the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”)FN4, collectively referred to as the Families First Coronavirus Response Act (“FFCRA”).
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On April 1, 2020, the U.S. Department of Labor’s Wage and Hour Division published its temporary rule issuing regulations to implement and clarify protections provided by the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”), which are both part of the recently passed Families First Coronavirus Response Act (“FFCRA”) in response to the coronavirus disease 2019 (“COVID-19”).
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On Wednesday, March 18, 2020, President Donald Trump signed into law the Families First Coronavirus Response Act (“the Act”), which provides paid sick leave and paid family medical leave expansion to workers in the United States affected by the novel coronavirus.
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