Recent Fourth Circuit Employment Decisions
The Fourth Circuit has published a couple of opinions on employment law cases in recent weeks. The first case, Bonds v. Leavitt, concerned a federal employee’s suit against the Department of Health and Human Services, which alleged Title VII claims, retaliation claims under the Whistleblower Protection Act (WPA), and unlawful termination in violation of the Civil Service Reform Act of 1978 (CSRA). The plaintiff is a research doctor who claims she was retaliated against for opposing discrimination against African-American donors of blood lines. The Court held that, because...
Read MoreLeto Speaking at NCAJ Conference This Weekend
Leto Copeley is speaking this weekend at the North Carolina Advocates for Justice Mountain Magic...
Read MoreDOL Expands FMLA to Cover Non-Traditional Families
The federal Department of Labor issued some important guidance regarding the coverage of the Family and Medical Leave Act (FMLA) as it applies to all sorts of unconventional families. The DOL made clear that FMLA rights to get time off to care for children do not require a biological relationship with the child. Rather, anyone who has assumed the role of parent (for example a non-married step-parent, grandparent, or same-sex partner) is entitled to FMLA leave to care for the child. Continue for highlights from the guidance: The FMLA entitles an eligible employee to take up to 12...
Read MoreOp-Ed Calling for Paid Maternity and Family Leave
An op-ed in the Washington Post calls for paid family and maternity leave because the 12 weeks of unpaid leave provided by the Family and Medical Leave Act (FMLA) is grossly inadequate. Sharon Lerner traces the history of legislative efforts to provide paid leave to support workers’ families, the compromised law that is the FMLA, and the pernicious effects of inadequate paid leave. The need for reform is stark: When it comes to paid maternity leave, the United States is in the postpartum dark ages. One hundred and seventy-seven nations — including Djibouti, Haiti and...
Read MoreNew Report on Work-Family Conflict
On the heels of Mike’s talk to the North Carolina Legislature’s Joint Study Committee on Work and Family Balance, the Center for American Progress has published an excellent new report, “The Three Faces of Work-Family Conflict.” The paper describes how the typical workplace today is deeply out of sync with today’s workforce because of dramatic changes over the past few decades in incomes, working hours, and patterns of family care. Moreover, our employment laws have failed to keep up with these changes, and offer little support or protection for working families. ...
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