Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Heads Up: Two Recent Cases Involving the FMLA
An employee approaches her supervisor to say that she needs time off at the end of the month, probably no more than three to four days. The supervisor asks for the specific dates and approves the time off. The employee then says, in passing, that she really is not looking forward to her knee surgery, but knows she must have it. The supervisor, who is aware that the employee had had knee surgery about four years earlier, is reluctant to inquire about the surgery or any related medical information, and so changes the subject to the weather.
Has the employer in this scenario appropriately stayed clear of a discussion with the employee about a medical condition? Most would say yes. Either because the Americans with Disabilities Act defines 'disabled' as including 'perceived as disabled,' or because of HIPAA's protection of the privacy of personal health information, or because of a general preference not to become involved in a co-worker's or subordinate's personal life, most employers intentionally refrain from delving into employees' personal medical histories or making assumptions about employees' health status. Rather, employers generally prefer to focus exclusively on their employees' work conduct. A manager need not know why an employee is out of work, but only that he or she is out of work for medical reasons deemed legitimate by a health care provider.
This premium content is locked for Employment Law Strategist subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.