June 26, 2020
Paid Family Leave
Disability Discrimination

The Week in FFCRA Complaints

This is the second installment in our roundup of FFCRA complaints. As we noted in the first post, we will be keeping you up to date with all the cases and highlighting the ones that we think have special bearing on our practice, employment law in New York State, or are just particularly noteworthy. 

  • Wells v. Haynes Ambulance of Alabama, Inc. (M.D.A.L.) 6/15/20
  • Plaintiff, a flight paramedic with two minor children, sued his employer, an ambulance company, under FFCRA/EFMLEA (expanded FMLA) for not notifying him of his rights under the EFMLEA, failing to tell him that his EFMLEA request was denied and why, and retaliating against him by terminating him. The Plaintiff inquired about taking leave when Alabama announced school closures due to Covid-19 because he had no other childcare options for his two minor children. The complaint alleges that the Plaintiff was told he was terminated because of his inquiry about the mere possibility of taking leave “ruffled feathers at the top” of the company.
  • Brown v. Irvington Township (U.S. District Court of N.J.) 6/19/20
  • Plaintiff, a clerk-typist in the Tax Department, sued his employer, Irvington Township, under FFCRA and EPSLA for denying his request to take paid leave under EPSLA after he received a note from his doctor certifying that he was being treated for Covid-19 and should be excused from work. Irvington Township informed Brown that he was not eligible because the township has over 500 employees; however, FFCRA applies to public employers regardless of number of employees. Instead of approving his leave, the township began making unexplained and improper deductions from his pay.
  • Donohew v. America’s Insurance Associations, Inc. (M.D.F.L.) 6/23/20
  • Plaintiff sued her employer under FFCRA and EPSLA for denying her the paid leave created by these laws, and instead putting her on unpaid leave and suspending her when Plaintiff’s daughter’s school closed due to Covid-19. The company went so far as to suggest that Donohew drop her daughter off at the local YMCA for $95 per week, all while allowing other employees to work from home.

The other two cases this week were Bowden v. Brinly-Hardy Company, Inc. (W.D.K.Y.) 6/18/20 Lewis v. Discount Parking Fll, LLC (S.D.F.L.) 6/12/20. We have several additional cases on our radar and will provide updated information about them next week.

Bill to Ban Forced Arbitration in Sexual Misconduct Cases Passes the Senate

February 14, 2022
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Arbitration clauses are often buried deep in employment contracts, and many employees don’t know what they’re agreeing too or don’t fully understand what arbitration means. These clauses force employees with claims against their employer to bring them to arbitration—a private process which is often fully funded by the employer itself.

Workers Still Lack Security Despite Tight Labor Markets

February 9, 2022
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The labor market is exceptionally tight, a scenario which has converged over the last six months with what economists are calling the Great Resignation, with a record number of workers quitting in November. In the popular media, the narrative emerging from this phenomenon is one in which workers are in possession of more power than they have been for quite a while, which has resulted in an increase in wages, especially for the working class. The power, however, ultimately remains in the hands of bosses, and many workers’ experiences do not neatly coincide with the narrative.

Workplace Conflict Over Mask Wearing at the Supreme Court

February 2, 2022
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Covid workplace safety at the Supreme Court became a story at the end of January, as Justice Sotomayor participated in arguments from her office, while Justice Gorsuch remained unmasked.
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