As most of you have heard by now, the U.S. Department of Labor has provided a "sneak preview" of a Notice of Proposed Rulemaking on the definition of "spouse" in the Family and Medical Leave Act. The proposed changes would broaden the definition of "spouse" to include most same-sex married couples.

The proposed changes are intended to reflect (and expand upon) last year's Supreme Court ...

I presented a webinar this past Wednesday for the Clear Law Institute on the topic of pregnancy and lactation accommodation. As most of our readers know, many state and local governments are passing laws requiring that pregnant women be reasonably accommodated on the job rather than being forced to take medical leaves of absence until after the baby is born. And we are starting to see some ...

As everyone knows by now, the federal government shut down at 12 a.m. after the House and the Obama Administration failed to reach agreement on the Affordable Care Act. Essential activities, such as law enforcement, air traffic control, and Social Security payments, will continue as usual. But non-essential activities, which would include most of what our employment-law agencies ...

Another set of FMLA regs, effective today! Par-TAY!

Last week I vented about the continuous congressional tweaking of the Family and Medical Leave Act, which necessitated the issuance of new FMLA regulations. Here is a copy of the new regs, which were published in the Federal Register on February 6 and take effect today.

"NEW FMLA REGS!!!! GO WILD!!"

Here are some links at the Department ...

Dear Congressperson:

I know you are busy, but I am hoping you can take a few minutes out of your sequester stuff to help with the Family and Medical Leave Act, as amended by the National Defense Authorization Act of 2008, as amended again by the National Defense Authorization Act for Fiscal Year 2010, as amended yet again by the Airline Flight Crew Technical Corrections Act of 2010.

Here's ...

The U.S. Department of Labor yesterday issued its Final Rule on the Family and Medical Leave Act. This will replace the rule issued by the Bush Administration that became effective in 2009 and is primarily intended to address amendments to the FMLA that were enacted by Congress after the the 2009 rule took effect. However, the Notice of Proposed Rulemaking for the newest version, issued ...

Employers, has this ever happened to you?

An employee in a critical-but-inflexible position -- say, a customer service representative -- asks for "intermittent" leave under the Family and Medical Leave Act. If the intermittent time off is "scheduled," it's usually not too big a problem. Most employers can manage to work around a situation if they know what to expect. They may be able to ...

This has not been a good week for lawyers. First, we heard about the married Minnesota lawyer who had a sexual relationship with a client (a major ethical violation in itself) and then had the nerve to bill her for his time! Whether a special billing rate applied to criminal conversation is not disclosed. Hey, by the way, which task code would this fall under?  "Appear for/Attend ...

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on.

"Ha-ha! We were just kidding!"

UPDATE: Thanks to reader John Perkins, SPHR, for the 2013 Mayan Calendar. Most educational!

"Near occasion of sin" is a legitimate ground for termination, Iowa court says. You've probably already ...

Many thanks to Nathan Johnson for submitting this guest post!

Here is a brief breakdown of this week's 5-4 Supreme Court decision in Christopher v. SmithKline Beecham Corp., which held that pharmaceutical reps are subject to the "outside sales" exemption to the overtime requirements of the Fair Labor Standards Act. The Court split along the expected lines: Justice Samuel Alito wrote ...