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 issues. […]

“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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Retail Employers Need To Know Pregnancy Accommodations

Retail employers struggle to avoid pregnancy discrimination and accommodation claims because the law on this issue appears to be ever-changing. Indeed, just recently the U.S. Supreme Court agreed to hear Young v. United Parcel Service Inc. to determine whether the federal Pregnancy Discrimination Act requires an employer providing accommodations to nonpregnant employees must provide those […]

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required?  What law applies and what are the obligations for an employer in this situation? Despite the uncertainty of what additional leave […]