DOL Issues Opinion Letter – Aggregation of Health District With County Employees Not Necessary For Purposes of FMLA Where County Demonstrated They Are Separate and Distinct

The Department of Labor recently considered the question of whether the employees of a health district in a particular county in Ohio must be aggregated for purposes of determining eligibility under the FMLA for the health district employees, and determined that the health district was…

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DOL Issues Opinion Letter – Parents Can Use Intermittent FMLA Leave To Attend IEP Meetings For Child With Serious Health Condition

On August 8, 2019, the United States Department of Labor issued an opinion letter (FMLA 2019-2-A) concluding that where a child has a serious health condition as defined by the Family and Medical Leave Act (FMLA), which also qualifies the child to an Individualized Education…

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US Supreme Court Holds Class-Wide Arbitration Not Permitted Where Arbitration Agreement Language is Ambiguous With Respect to Class Claims

On April 24, 2019, the U.S. Supreme Court held in Lamps Plus, Inc. v. Varela, a 5-4 decision, that because arbitration is a matter of consent, where an arbitration agreement’s provisions regarding class claims were ambiguous and not express, the arbitration agreement did not allow…

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CT Appellate Court Holds Additional Leave of Absence is Not a Reasonable Accommodation When Weighed Against Attendance As An Essential Job Function

In Barbabosa v. Bd. of Educ. of Manchester, AC 41304 (Apr. 23, 2019), the Connecticut Appellate Court affirmed the Superior Court’s decision to award summary judgment to the Manchester Board of Education in a disability discrimination and failure to accommodate case. The Appellate Court upheld…

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