Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home. Employers should reconsider this practice following the Third Circuit Court of Appeals’ decision in Lupyan v. Corinthian Colleges, Inc., 2014 WL 3824309 (3d Cir. August 5, 2014). In Lupyan, the employee claimed her FMLA rights were violated because she never received FMLA paperwork from her employer, despite the employer’s claim that it mailed the paperwork to the employee. According to the court, lacking evidence that the letter was delivered (such as a signature or tracking number), the plaintiff’s denial was sufficient to create an issue of material fact for a jury. In the advent of this decision, employers are encouraged to send FMLA notices to their employees via a method that can be tracked, such as certified mail return receipt requested, hand delivery, or a common carrier that provides delivery confirmation.
On February 26, 2019, the Supreme Court of the United States ruled that under Rule 23(f) of the Federal Rules of Civil Procedure (FRCP), a petition for permission to appeal an order decertifying a class must be filed within 14 days from the date the district court issued its order.
On June 27, 2017, the Industrial Commission of Arizona (ICA) issued supplemental draft regulations. The supplemental regulations tweak some of the draft regulations the ICA issued on May 5, 2017. Some supplemental regulations are entirely new and help clarify several important yet unanswered questions lingering in employers’ minds.
New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”
Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require employees to arbitrate their employment-related claims, including statutory discrimination and retaliation claims.