Labor Days

News and analysis from Kelley Drye’s labor and employment practice

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized…

A Cautionary FMLA Tale: “Let Them Fix It Before Firing” Must Employees Now Be Allowed to Cure Deficient Medical Certifications?

Compliance with the Family Medical Leave Act (“FMLA”) is a daily challenge for employers, as more and more employees seem to take advantage of the right to full and intermittent leave. I often see clients jump to hasty…

Texas Judge Imposes Temporary Halt on Enforcement of New FMLA Same-Sex Couple Rules

We recently blogged about the Department of Labor’s new rule that extended FMLA rights to same-sex married couples . The DOL’s rule was set to take effect nationwide on March 27, 2015. A day before the rule was set to…

Why the “Epidemic” of FMLA Lawsuits?

The Administrative Office of the US Courts just reported a 26.3% jump in Family Medical Leave Act (“FMLA”) lawsuits in 2014. These numbers are a bit startling. In 2012, there were 291 FMLA lawsuits. In 2013, there were…

DOL Extends FMLA Rights to Same-Sex Couples Nationwide

After the Supreme Court’s landmark 2013 ruling in United States v. Windsor found section 3 of the Defense of Marriage Act to be unconstitutional, there was significant uncertainty regarding an employer’s obligations…