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FMLA Burdens of Proof: What You Need to Know
An important and developing issue under the Family and Medical Leave Act (FMLA or Act) is the appropriate burden of proof to be applied in assessing a plaintiff's claim. Soon after the FLMA became law in 1993, courts automatically applied the McDonnell-Douglas burden-shifting analysis in all FMLA cases, as they do when considering many other employment-related claims. After nearly 10 years, however, courts are now focusing more directly on burden shifting issues'and revising, if not clarifying, the law.
For instance, the federal District Court for New Jersey recently applied two different burdens of proof to a plaintiff's two FMLA claims'one alleging denial of reinstatement, and the other alleging retaliation. Parker v. Hahnemann Univ. Hosp., F. Supp. 2d, 2002 WL 31830647 (D.N.J. 2002) (Denying cross motions for summary judgment). On the deprivation-of-rights claim, the court held that once the plaintiff could establish she was denied a right afforded by the FMLA, the burden of proof shifted to the employer to demonstrate that she would have been denied the right even if she had not taken FMLA leave. On her retaliation claim, however, the court followed the McDonnell-Douglas formula and did not shift the burden of proof to the employer. Both plaintiff's attorneys and defense counsel must recognize such distinctions to prosecute or defend FMLA claims successfully.
Claims Under the FMLA
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?