Under the Family and Medical Leave Act (FMLA), an employer can (and should) require a certification from a health care provider to support an employee’s or the family member’s need for leave because of a serious health condition. This certification is the basis for determining whether the employee has a serious health condition requiring leave,
Fiona W. Ong
Can You E-mail FMLA Notices?
By Fiona W. Ong on
So I previously wrote about the problem with proving that an employee received a notice required by the Family and Medical Leave Act by regular mail, where there was no delivery confirmation. In a variation on that theme, a court recently held that proving an employee received an emailed FMLA notice could be equally problematic.…
A New Boss Is Not A Reasonable Accommodation
By Fiona W. Ong on
The bad boss is a cliché. There have been many movies about evil supervisors- for example, “Horrible Bosses” and (because one wasn’t enough) “Horrible Bosses 2.” There are TV shows featuring frustrating or bad bosses – like Michael Scott in “The Office,” or Mr. Burns from “The Simpsons.” There’s even a website where you can…
Thoughts on Shielding Laws from a Management Attorney
By Fiona W. Ong on
As one of the co-chairs for the Employment Issues Task Force of the Maryland Chamber of Commerce, I see the employment legislation that is proposed during each Maryland General Assembly session. Some of it makes sense (although, frankly, not often), and some of it makes me scream (literally – just ask my partners). For…
Thoughts on Paid Sick Leave from a Management Lawyer
By Fiona W. Ong on
So my brilliant partner, Liz Torphy-Donzella (who also serves as General Counsel for the Maryland Chamber of Commerce), was a guest on WYPR’s “Midday with Dan Rodricks” show yesterday. She was invited to provide the management perspective on paid sick leave laws, while Jason Perkins-Cohen of the Job Opportunities Task Force, a Baltimore-area…
Employers Can Designate Leave As FMLA
By Fiona W. Ong on
So this is a follow up to my post, Employee Held to Choice Not to Invoke FMLA. A bright reader pointed out that the U.S. Court of Appeals for the 9th Circuit made a statement in its decision, which I quoted, that was quite confusing when applied in a broader context. So let’s discuss:…
Employee’s “Husband” Didn’t Sexually Harass Her
By Fiona W. Ong on
This one raised my eyebrows – definitely not your typical sexual harassment case.
In Waltz v. Dunning, the plaintiff began working for a company, BHC, in 2001. She reported directly to the CEO. They began a sexual relationship in 2003, which the plaintiff claimed was initially non-consensual (she said she only had sex with…
The EEOC’s (Informal?) Thoughts on Workers’ Comp and the ADA
By Fiona W. Ong on
In perusing the EEOC’s tweets (yes, I do that for all of you), I came across a shout-out for a memo on workers’ compensation and the ADA that was co-written by one of the EEOC’s attorneys, Aaron Konopasky, and an outside medical professional . The memo raised some interesting points regarding the ADA’s coverage of…
What Is the EEOC’s Own Policy on Background Checks?
By Fiona W. Ong on
I don’t actually have the answer to that. But someone else will soon – BMW Manufacturing Co., who is being sued by the EEOC regarding BMW’s use of criminal background checks.
As we’ve discussed in prior posts, the EEOC is being exceedingly (and sometimes unreasonably) aggressive in challenging employer’s criminal background check policies, claiming that…
Shawe Rosenthal and Seven Attorneys Recognized by Super Lawyers©
By Fiona W. Ong on
Posted in Uncategorized
We are delighted to announce that our firm and SEVEN individual attorneys have been recognized by Super Lawyers©, which is a national rating service of outstanding lawyers in multiple practice areas. Shawe Rosenthal was named the top mid-sized employment firm in Maryland in Super Lawyers’ recently-published 2014 Business Edition, which also recognized our 2014…