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Fifth Circuit Upholds Dismissal Of Retaliation Claims Based On Plaintiff’s Excessive Absenteeism

Published by and on February 21, 2019

The plaintiff in Trautman v. Time Warner Cable attempted to argue retaliation under the Family Leave and Medical Act (FMLA) and Americans with Disabilities Act (ADA) after she was terminated for having 22 non-FMLA approved absences in almost four months.

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Department of Labor Issues New Opinion Letters Related to the Fair Labor Standards Act

Published by on February 20, 2019

The Department of Labor’s two most recent FLSA opinion letters offer instruction for determining minimum wage and overtime compliance and the scope of the statute’s ministerial exception.

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New York City Expands Lactation Room Laws

Published by and on January 28, 2019

Two new laws require New York City employers to provide lactation rooms for breastfeeding employees, as well as require covered employers to develop and implement a lactation room policy.

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Not All Infractions Are Created Equal

Published by and on January 25, 2019

The Eighth Circuit holds that Plaintiff was not similarly situated to other employees who had committed the same infraction for which he was terminated, as the other employees were not at the same stage of the employer’s progressive discipline process.

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