In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights. The employer asserted it terminated the plaintiff because while on leave she continued to work at home on a part-time job with another employer, in violation of its policy on outside employment. The Third Circuit Court of Appeals affirmed summary judgment for the employer because it was clear that the plaintiff was not terminated for her use of FMLA leave, but rather, for her perceived misuse of her FMLA leave and her failure to return to work. The court observed that the FMLA does not prohibit the termination of an employee who abuses her leave, nor does it shield an employee from termination simply because the alleged misconduct which led to the termination occurred while the employee was on FMLA leave. The court confirmed that an employer may defeat an FMLA claim if the discharge was based on the employer’s honest belief that the plaintiff misused her leave or failed to use her leave for the intended purpose.
On February 2, 2020, the United States joined a growing list of countries that have implemented travel restrictions for those at risk of transmitting the 2019 Novel Coronavirus (2019-nCoV).
On November 30, 2011, the National Labor Relations Board (NLRB) voted 2-1 in favor of revising representation election proceedings by adopting a number of the changes included in its proposed rule, which was published in the June 22nd issue of the Federal Register. The adopted rule revises the process for union representation elections, shortening the time from the filing of the election petition until the actual vote is held and thereby making it easier for unions to win elections and more difficult for employers to communicate with employees prior to the vote.
On 4 January 2021, Prime Minister Boris Johnson announced a third national lockdown in England. The regulations allow the lockdown to continue until 31 March 2021, although the restrictions are expected to be reviewed in mid-February to allow for the possible reopening of schools. All of the United Kingdom is now under strict measures to curb the spread of the new fast-spreading COVID-19 variant—with Wales, Northern Ireland and most of Scotland also in lockdown (although these countries are governed by separate rules).