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Employers must recognize that the NLRB has given broad latitude in the context of striking and picketing activity, and must carefully review the circumstances before taking any adverse action against a striking employee.
Second Circuit Holds That Less-Stringent “Motivating Factor” Causation Standard Applies To FMLA Retaliation Claims
The application of a lower causation standard to FMLA retaliation claims will most likely make it harder for employers in the Second Circuit to get such claims dismissed at the summary judgment stage.