Posts tagged FMLA
How Many Employees Trigger Coverage Under Federal Employment Laws?

Whether a business has one part-time employee or is a bustling corporation with hundreds on the payroll, there are employment laws that the business must follow. Unfortunately, many business owners are unaware of which laws apply or the fact that as a business grows, it will be subject to new employment laws.

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Preparing Your Business for the Coronavirus

The ongoing outbreak of the novel coronavirus (COVID-19) raises numerous potential issues for employers. These include legal issues ranging from an employer’s obligation to provide a safe workplace and employee leave rights to practical matters such as whether to restrict business travel and allowing employees to work remotely. As the situation continues to develop, employers should prepare in case COVID-19 impacts their workforces by:

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New York Case Law Update - Second Circuit Confirms "Motivating Factor" Standard for FMLA Retaliation Claims

In Woods v. START Treatment & Recovery Centers, Inc., the Second Circuit Court of Appeals held that an employee alleging unlawful retaliation under the Family and Medical Leave Act (FMLA), must prove that her exercise of FMLA rights was a "motivating factor" in an employer's adverse employment action.  The "motivating factor" standard is a lower standard of causation than the "but for" standard typically used in the context of employment claims.

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