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Jan 17, 2025 | 
jdsupra.com | Robin Shea
What's the difference? There are three main ways for a defendant to bring a lawsuit to an end. Each involves a different level of proof – and of expense and hassle. It's better to get a lawsuit “disposed of” as early as possible. Here is a quick summary. Motion to Dismiss for Failure to State a ClaimWhat it is.
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Jan 9, 2025 | 
constangy.com | Robin Shea |Jason Friedman |Chris Deubert |Ellen Kearns
1. Five areas of employment law (at least) may be affected by Trump's second act.
Author: Robin Shea | Topic: Predicting Legal Changes
With President Trump’s second term now imminent, this article offered an analysis of potential shifts in employment law. Key areas likely to be affected include labor relations, wage and hour regulations, independent contractor classifications, and enforcement priorities of the Equal Employment Opportunity Commission.
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Dec 13, 2024 | 
jdsupra.com | Robin Shea
Dear Kids:You know that Santa loves you, right? And he would never want to see anything bad happen to you? Good. Then please take Santa’s advice, now that you’re in the working world. Your employer may be throwing a “holiday party” this month.
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Dec 6, 2024 | 
jdsupra.com | Robin Shea
I hope everybody had a good Thanksgiving. A federal judge just down the road from me ruled this week that a woman’s retaliation case should go to a jury, even though her sexual harassment case -- based on a co-worker in his underwear -- was properly dismissed. In addition to providing some entertainment value, the case illustrates very well that a plaintiff can have a valid retaliation claim even if her underlying claim lacks merit.
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Dec 3, 2024 | 
hr.com | Robin Shea
The U.S. EEOC is starting to sue employers, who it claims are not complying with the reasonable accommodation requirements of the PWFA. Don’t mandate a leave of absence for pregnant employees unless it’s mutually agreed upon after engaging in an interactive process. Recognize that pregnancy accommodations extend beyond the 40 weeks of gestation.
Stuff's getting real.
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Oct 25, 2024 | 
hr.com | Robin Shea
Before restructuring an employee’s role after FMLA leave, ensure you have documentation proving a legitimate business need - not tied to the leave. Consider integrating FMLA and ADA processes when employees return from medical leave—doing so can safeguard against future litigation. Cut off all work-related communications with employees on continuous FMLA leave to reduce risks of FMLA interference claims.
Do not be this employer.
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Oct 23, 2024 | 
salary.com | Robin Shea
FMLA leave: 5 things this employer (allegedly) did wrongby Robin Sheaat Constangy, Brooks, Smith & Prophete, LLPDon't be this employer. (Allegedly.)Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out last Friday in which an employer lost an FMLA case on summary judgment and will face a jury trial, assuming the parties don’t settle.
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Oct 18, 2024 | 
lexology.com | Robin Shea
Stuff's getting real. As many of you know, the U.S. Equal Employment Opportunity Commission is starting to sue employers who it claims are not complying with the reasonable accommodation requirements of the Pregnant Workers Fairness Act. Check out the press releases here, here, here (in this case, conciliation), here, and here (another conciliation). And that's just in the first half of October.
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Oct 11, 2024 | 
jdsupra.com | Robin Shea
Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out last Friday in which an employer lost an FMLA case on summary judgment and will face a jury trial, assuming the parties don’t settle. Jury trials are expensive, disruptive, stressful, and expensive. I said “expensive” twice on purpose. Not good news for this employer.
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Sep 20, 2024 | 
lexology.com | Robin Shea
How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to play it both ways with his FMLA leave. Even if the employer was wrong about that, the courts said, the employer's honest belief defeated the plaintiff’s interference and retaliation claims under the Family and Medical Leave Act.
