Employer that failed to refute FMLA and overtime claims ordered to pay discharged worker over $70K

An employer failed to refute a dispatcher’s claims that she was denied overtime pay, discouraged from taking leave to undergo eye surgery, and fired in retaliation for asserting her FMLA rights. Granting the employer’s motion for summary judgment on her FLSA and FMLA claims, a federal court in Florida awarded her $70,222 in damages, broken […]

New rules for mandatory paid sick leave in Washington spell out requirements for employers in 2018

Mandatory paid sick leave in Washington starts in just over two months. Last week, the Department of Labor & Industries (L&I) released new state requirements on how the paid sick leave law will be implemented. As a result of voter-approved Initiative 1433, employers are required to provide paid sick leave starting January 1, 2018. “This […]

Over one-third of employers not interested in providing employees with HRAs to help buy individual coverage

On October 12, President Donald Trump signed an executive order which directs the Departments of the Treasury, Labor, and HHS to consider changes to the regulations on health reimbursement arrangements (HRAs) so that employers could fund HRAs with tax-free dollars for employees to buy coverage in the individual market. According to a recent survey from […]

A quarter of people with employer health insurance plans are underinsured, Commonwealth Fund report finds

Twenty-eight percent of working-age adults in the United States who had health insurance all year were underinsured in 2016, up from 23 percent in 2014, according to a new Commonwealth Fund report. More than half of the underinsured (52%) had medical bill problems and 45 percent went without needed health care because of cost. People […]

Three out of four Americans concerned about potential health care policy changes

Eighty-one percent of Americans are aware of the health care debates in Washington, D.C. and of those, 92 percent are concerned about those changes and 59 percent are very or extremely concerned, according to a recent survey from the Transamerica Center for Health Studies (TCHS). The study, Healthcare Consumers in a Time of Uncertainty, an […]

Employee fired while on leave, not allowed to telecommute, advances FMLA and ADA claims

An employer who fired a marketing employee with longstanding health conditions while she was on extended FMLA leave, purportedly because of prior poor performance and her inability to work in the office, will face trial on a myriad of claims. Denying its motion for summary judgment, a federal court in Missouri found triable issues existed […]

Worker not entitled to multi-month leave after FMLA exhaustion; extended absence not reasonable accommodation

An employee’s request for a multi-month medical leave of absence following his exhaustion of FMLA leave was beyond the scope of a reasonable accommodation under the ADA, the Seventh Circuit ruled in affirming dismissal of his ADA claim on summary judgment. Though the EEOC filed a brief as amicus curiae urging for reversal, the appeals […]

Equitable tolling of COBRA election applies only for period beneficiary is incapacitated

An employee who was in an accident and admitted to a hospital before the end of his 60 day election period under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), may qualify for equitable tolling of the election period for the time of incapacity. However, the tolling ends once the employee is no longer […]

Out-of-pocket spending increased for employees in large group plans

About one in four people (24 percent) covered by large employer plans spent more than $1,000 out-of-pocket on health care in 2015, an increase of seven percentage points from 17 percent in 2005, according to a recent Kaiser Family Foundation analysis. About one in 10 people in such plans (12 percent) paid more than $2,000 […]

Employee fired days after receiving VA letter rating PTSD as 70 percent disabling advances FMLA, ADA claims

A veteran fired from his job at a car dealership just days after he received a letter from the VA rating his post-traumatic stress disorder as 70 percent disabling can proceed to trial on his FMLA interference and retaliation claims as well as his claims under the ADA. Citing evidence he was told “[W]e’re going […]