Employee mental health issues are covered under the Americans with Disabilities Act (ADA) and the Family Medical Leave Act. What that means to you the employer or HR professional is that if an employee of an organization with 15 or more employees has a mental health condition, they are likely eligible for a reasonable accommodation. […]
posted on May 8, 2019 by
Attorney Tennille Hoover Returns to ELS
Tennille Hoover is an attorney with ELS. Using her former experience as an HR director for an employer with over 6000 employees, Tennille provides strategic employment law representation and counseling to complement organizational management and minimize legal liability. Tennille is highly skilled in managing, analyzing, and problem-solving a wide array of HR matters, including employee […]
posted on April 16, 2019 by
Employment Law Checklist for Start-Ups & Expanding Businesses
Attorneys at The Employment Law Solution: McFadden Davis assist business clients with various aspects of employment law. We partner with our clients to provide results-oriented employment law services that are aligned with business fundamentals. ELS offers preventative and proactive services to clients in order to equip them with tools for almost any employment law issue. […]
posted on March 28, 2019 by
“Similarly Situated in All Material Respects” Standard for Comparators in Employment Discrimination Cases
The Eleventh Circuit Just Established the “Similarly Situated in All Material Respects” Standard for Comparators in Employment Discrimination Cases The Eleventh Circuit recently issued an en banc decision explaining who is “similarly situated” to an employment discrimination plaintiff within the meaning of the prima facie case. The Court determined that neither the “nearly identical” nor the “same or […]
posted on January 4, 2019 by
Climate Assessment for Public Entity – Confidential and Rush Project Completed in One Month
A public entity contacted The Employment Law Solution: McFadden Davis requesting a proposal for the firm to conduct a Workplace Climate Assessment. ELS proposed a team of two lawyers skilled in workplace investigations to complete the project within an aggressive timeline. Jamala McFadden and Raquel Crump managed the workplace climate assessment to “identify areas of […]
posted on December 24, 2018 by
Expedited Review of Proposed Reduction in Force (RIF)
Reduction in force checklists are plentiful, but what happens if you have some concerns and are under pressure to produce your proposed plan for Board approval with two weeks? While standard checklists are useful, you need to check in with your employment attorney to address your concerns and make sure the RIF you implement will not […]
posted on October 8, 2018 by
Elective Organ Donations are Covered under the FMLA
The U.S. Department of Labor (“DOL”) recently opined in a published opinion letter that elective organ-donation surgery can qualify as a “serious medical condition” under the Family and Medical Leave Act(“FMLA”). See U.S. Dep’t of Labor, Wage & Hour Div., Opinion Letter (Aug. 28, 2018). The surgery qualifies as a serious medical condition if it […]
posted on March 9, 2017 by
3 Mistakes To Avoid When Handling Intermittent FMLA Leave
Law360, New York (March 8, 2017, 9:07 PM EST) — While most employers have fine-tuned their practices for administering leave under the Family and Medical Leave Act, experts say the statute’s allowance for intermittent leave — shorter, less predictable absences — still often leaves employers flustered and open to legal woes. Passed in 1993, the […]
posted on March 13, 2015 by
EEOC and DOL Address GINA Concerns in FMLA Forms Requested by Employers.
EEOC Office of Legal Counsel staff members wrote the following letter to respond to a request for public comment from a federal agency or department. This letter is an informal discussion of the noted issue and does not constitute an official opinion of the Commission. GINA: FMLA Forms and GINA Confidentiality and Disclosure Provisions November […]
posted on August 14, 2014 by
Rising Tide Of FMLA Claims Unlikely To Recede, Attys Say
Family and Medical Leave Act (“FMLA”) lawsuits tripled from 2012 to 2013, a surge lawyers attributed to factors including workers’ increased awareness of their rights and an improving job market. And though businesses are becoming more savvy about their obligations, lawyers say the upward trajectory of FMLA claims isn’t likely to level off in the […]
