SCOTUS Rules that Self-Care Provision of the FMLA does not Apply to the States: North Carolina Not Affected

In Coleman v. Court Of Appeals Of Maryland, Daniel Coleman was employed by the Court of Appeals of the State of Maryland.  When he requested sick leave, he was informed he would be terminated if he did not resign.  He then filed an FMLA suit, which was dismissed on sovereign immunity grounds.  Breaking along the familiar

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

Burton Speaking at NCAJ Conference This Weekend

Burton Craige and Leto Copeley are speaking this weekend at the North Carolina Advocates for Justice Mountain Magic Conference.  Burton is leading a panel entitled “Collateral Attack on the Collateral Source Rule.”  He will lead a discussion about the national trend to allow defendants to introduce evidence of the amount actually paid for medical expenses,

DOL 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

Op-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,

New 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

Mike Okun Speaks to NC Legislative Committee on Work and Family Balance

Yesterday, Michael Okun spoke in front of the North Carolina Legislature’s Joint Study Committee on Work and Family Balance.  Mike presented an overview of employment law, the specific laws that assist employees in caring for family members and themselves, and possible improvements that could be made to further assist employees as they balance the demands

President Signs Expansion of FMLA for Military Families

Last week, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (NDAA), an appropriations bill that includes an expansion of the Family and Medical Leave Act (FMLA) for military families.  Specifically, it broadens the scope of caregiver and exigency leave for military families.  Details should be available from the Department of Labor in