A California federal district court judge denied Amazon's motion to dismiss a unique proposed class action lawsuit over reimbursement for an employee's work-at-home-related expenses. The judge did dismiss a claim based on the Unfair Competition Law, but the aggrieved employee may amend this claim.  David G. Williams, a senior software development engineer, filed his proposed class action and Private Attorneys Read More

The Department of Labor (DOL) has released Fact Sheet 280 and a series of Frequently Asked Questions (FAQs) on the Family and Medical Leave Act (FMLA) and mental health conditions.  Required Leave Under FMLA FMLA requires covered employers to provide eligible employees up to 12 weeks of unpaid leave during a 12-month period for the following: Care for the serious health conditions of a spouse, child under Read More

The U.S. Department of Justice (DOJ) recently argued to overturn a federal district court’s injunction that exempts religious employers from required coverage of gender transition surgery. According to the DOJ, a recent North Dakota federal court ruling addressing a similar issue is not pertinent because it dealt with hypothetical enforcement actions rather than actual policy. The case is The Religious Sisters of Read More

Delaware Gov. John Carney has signed the Healthy Delaware Families Act into law, creating a statewide family and medical leave insurance program. Under the new program, which goes into effect in January 2025, workers can access up to 12 weeks of paid parental or medical caregiving leave per year. Workers can take advantage of these benefits beginning in 2026.  Delaware is joining an increasing number of states Read More

Undocumented workers are increasingly participating in and accruing benefits in ERISA plans, which presents challenges for employers. ERISA does not specifically exclude these employees from participation in ERISA-governed plans. Although the federal government has explicitly stated that other federal laws protect undocumented workers, it also has not stated that ERISA protects undocumented workers. Likewise, court Read More

A former Walmart employee has filed suit in a Michigan federal district court claiming class-wide violations of the Family and Medical Leave Act (FMLA) and individual violations of the Americans with Disabilities Act (ADA). The employee claims that Walmart fired her and over one hundred other workers by scheduling them for shifts at the end of their medical leave but not informing them about the shifts, then using Read More

A Mercedes-Benz USA LLP veteran employee has dismissed his proposed class action lawsuit against his employer without prejudice. James Click, who has worked for Mercedes-Benz since 1996, filed suit against the company for failing to pay workers overtime pay after its Kronos payroll system fell victim to a ransomware attack in December 2021. Click gave no indication why he was dismissing his claims in his notice of Read More

A Georgia federal district court granted partial summary judgment in favor of an insurer for a Georgia chicken processing plant where six workers died due to a liquid nitrogen leak. The case is Foundation Food Group Inc. et al. v. Selective Way Insurance Co., case number 2:21-cv-00207, U.S. District Court for the Northern District of Georgia. The court ruled that the plant owners, Foundation Food Group Inc., and Read More

A federal district court judge will allow a former fire chief to pursue wrongful termination claims against a Georgia city. The claims allege that the city violated the former employee’s First Amendment rights and state whistleblower laws. The judge dismissed various other claims pursuant to the city’s motion to dismiss. The case is Owens v. Propes et al., case number 3:21-cv-00084, U.S. District Court for the Middle Read More

A same-sex male couple recently filed a class discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC) against the city of New York for refusing in vitro fertilization (IVF) benefits offered to other city workers. The couple alleges that the city violated Title VII of the Civil Rights Act and state and local civil rights laws when it denied these benefits to Corey Briskin, a former city Read More