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Reverse discrimination claims boosted by Supreme Court

by Paige Good and Harrison Kosmider, McAfee & Taft

Jun 06, 2025 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington
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FMLA leave for pregnancy can start before the baby arrives

Q Can a pregnant employee start their 12 workweeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten their amount of postpartum leave? Yes, if eligible, a pregnant employee may...

Aug 01, 2025 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Charlotte District EEOC office stays busy

The Equal Employment Opportunity Commission’s (EEOC) Charlotte District is charged with enforcing federal employment antidiscrimination laws in North Carolina, South Carolina, and Virginia. Recently, the office has been...

Aug 01, 2025 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Navigating maternity leave under FMLA

Q Can pregnant employees start their 12 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten their amount of postpartum leave? Under the FMLA, eligible employees are entitled...

Aug 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

FMLA riddle: When is an FMLA violation not a violation?

The Family and Medical Leave Act (FMLA) continues to baffle lawyers and HR professionals. But sometimes a riddle brings welcome news, as we see in a recent decision from the U.S. 5th Circuit Court of Appeals (the federal...

Aug 01, 2025 · Employment Law Letter · Texas

Whether postpartum leave is shortened depends on annual FMLA period

Q Can a pregnant employee start her 14 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten her amount of postpartum leave? The FMLA guarantees 12 weeks of unpaid leave within...

Aug 01, 2025 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

How does overtime under the FLSA work for employees outside the U.S.?

Q If we send an employee to another country for a three-month assignment, are we required to pay overtime under the Fair Labor Standards Act (FLSA), or can we just pay a daily rate? Must we follow the pay regulations of...

Aug 01, 2025 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

Employers record wins in Title VII suits over DEI training

Employers have recently prevailed in several cases across the country in which employees have attacked diversity training and other workplace initiatives related to diversity, equity, and inclusion (DEI), indicating that...

Aug 01, 2025 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Phones, privacy, and ports of entry: No warrant may be no problem

In June 2025, U.S. Customs and Border Protection (CBP) officers denied a Norwegian tourist entry into the United States. According to the traveler, CBP officers demanded access to his cell phone and expressed concern...

Aug 01, 2025 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

DHS blocked from terminating Haitian TPS . . . for now

On July 1, 2025, a U.S. District Court in New York issued a decision setting aside the early termination of temporary protected status (TPS) for Haitians. In February 2025, Secretary of Homeland Security Kristi Noem...

Aug 01, 2025 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

Off the clock? Not so fast: Compensable time at company conferences

Q One of our hourly, nonexempt employees is attending our company’s annual conference that includes activities after 5 p.m. Are we required to pay them for the time spent traveling to the conference, as well as for the...

Aug 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Failing to cross t’s and dot i’s leads to claim dismissal

The failure of a Harris County employee to pay attention to the small things led to a dismissal of one of his discrimination claims against the county. But the county’s alleged failure to pay attention to some big things...

Aug 01, 2025 · Employment Law Letter · Texas

Supreme Court ‘clarifies’ ADA Title I protections for retired workers

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, addressing the scope of protections available to retired workers under Title I of the Americans with Disabilities...

Aug 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming