Recent Articles

U.S. Supreme Court To Review Whether States Have Immunity To the FMLA's Self-Care Leave Provision

Catherine Barbieri
July 01, 2011 01:43

On June 27, 2011, the United States Supreme Court granted a state employee's petition to review a ruling by the Fourth Circuit Court of Appeals denying his FMLA claim.  In Coleman v. Maryland Ct. of Appeals, the Court will consider whether states enjoy Eleventh Amendment immunity from...

Federal Court in Pennsylvania Upholds Termination of Employee on FMLA Leave Who Took A Trip To Cancun In Violation of Company Policy

Catherine Barbieri
June 01, 2011 03:23

On May 19, 2011,  the United States District Court for the Western District of Pennsylvania held in Pellegrino v. Communication Workers of America that an employer's enforcement of its rule requiring that employees not travel outside the immediate vicinity of their homes (with some...

EEOC Issues Regulations for ADAAA

Catherine Barbieri
April 04, 2011 20:47

On March 24, 2011, the Equal Employment Opportunity Commission issued its Final Regulations to the Americans with Disabilities Act Amendments Act of 2008 ("ADAAA").  Most significantly, the Final Regulations tend to simplify the determination of who is disabled, and and make it...

Reminder to Employers: Include GINA Safe Harbor Language in FMLA Certification Forms

Catherine Barbieri
February 18, 2011 14:30

Guest Post: by Erin Fitzgerald, Esquire In a November 17, 2009 blog entry, I advised that although the Genetic Information Nondiscrimination Act of 2008 ("GINA") generally prohibits employers from acquiring genetic information from an employee (including family medical history),...

Good Advice Regarding FMLA Information on the Internet

Catherine Barbieri
October 04, 2010 18:31

I recently read an article advising employers to beware where they get their FMLA information.  Apparently, there are some Internet resources that are not entirely accurate.  Thankfully, this blog was on their list of favorite free FMLA resources.  Please also...

Ninth Circuit Takes on Definition of "Successor-in-Interest" Under FMLA

Catherine Barbieri
October 01, 2010 03:28

In an opinion issued on September 27, 2010, the Ninth Circuit tackled the question of when a new employer is a successor-in-interest to a former employer under the FMLA.  This is a critical issue, because if an employee goes to work for a company deemed to be a successor-in-interest under...

Third Circuit Panel Rules That Lay Testimony Can Create Fact Issue In FMLA Cases

Catherine Barbieri
July 04, 2010 03:54

My law partner, Wayne Pinkstone, recently was quoted in Inside Counsel regarding the recent decision of the United States Court of Appeals for the Third Circuit in Schaar v. Lehigh Valley Health Services, in which the court held that lay testimony in conjunction with expert...

Recent Webinar Addresses Proposed Legislation That Would Expand the Scope of the FMLA

Catherine Barbieri
May 31, 2010 03:06

As we kick off the Summer of 2010, this is a great opportunity for employers to brush up on some recent developments under the FMLA through a free, previously recorded webinar.    Recently, my law partner, James A. Matthews, III, and I presented a webinar for in-house counsel...

New GINA Case Highlights Need To Ensure Compliance with GINA When Requesting FMLA Certifications

Catherine Barbieri
May 01, 2010 04:50

Recently, I was interviewed in connection with an article about a new charge of discrimination filed under the Genetic Information Nondiscrimination Act (GINA) by a woman who had a double mastectomy because she carried a gene linked to breast cancer, and subsequently was terminated from her...

Federal Health Care Law Provides for Breaks for Nursing Mothers

Catherine Barbieri
April 01, 2010 04:36

One of the lesser known provisions of the recently adopted Patient Protection and Affordable Care Act protects nursing mothers.  Section 4207 of the Act amends Section 7 of the Fair Labor Standards Act to provide for breaks for female employees to express their milk, and requires employers to...