FMLA Set to Expand

Posted on December 31, 2007 by Christopher McKinney

President Bush will most likely soon sign into law the first extension of benefits under the FMLA since its 1993 enactment.

The story is in an article this week at Workforce.com:
The FMLA expansion would enable spouses, children, parents or next of kin to wounded military service personnel to take 26 weeks of unpaid leave to care for their loved one. That's more than double the 12 weeks of time off for the birth or adoption of a child or the sickness of a close relative provided currently under the Family and Medical Leave Act. Resistance from corporate America made passage of the extension provision difficult, adding a further frustration for families who already face sometimes horrific recovery journeys, according to an advocate for broader leave laws. "This was significant and historic," says Kate Kahan, director of work and family programs at the National Partnership for Women and Families. "On the other hand, it's only an extra three months of leave. This is just a small step in the right direction."
UPDATE: President Bush is planning a pocket veto of the bill for reasons unrelated to the FMLA provision. The consensus appears to be, however, that a bill with the FMLA expansion will be signed in the near future.
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Government Encouraging Supreme Court to Grant Writ in ADEA Case

Posted on December 29, 2007 by Christopher McKinney
Scotus Blog reports that the U.S. Solicitor General has recommended the Supreme Court grant certiorari in case No. 06-1505, Meacham v. Knolls Atomic Power Lab, et al., limited to the question asking whether, under the Court's 2005 decision in Smith v. City of Jackson, an employee alleging disparate impact under the ADEA has the burden of persuasion in establishing "reasonable factors other than age."
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"Don't put this in writing, but ... "

Posted on December 20, 2007 by Christopher McKinney

Just came across a good article at Law.com dealing with the implementation of new e-discovery rules that are forcing companies to turn over damning evidence that has been stored electronically.

General Counsels are pulling their hair out trying to educate their managers and others that email often lasts forever and that they should not opine as to the reason an employee was fired, etc. using email.

The article features several types of emails that cause the most trouble. Some of my favorite opening lines from emails:
"Don't put this in writing, but ... " "This is off the record," started the e-mail that in fact put it all on the record; and "We may be in breach of contract, and here's why."
And of course there are the HR-related emails:
"I can't believe she's pregnant at such an inconvenient time at work." and "we need to get rid of the dead wood."
The message is clear: Employers must continue to train and retrain employees on what is an is not appropriate subject matter for an email. And for Plaintiffs, be diligent about seeking production of emails in discovery. There's gold in them there hills.
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