A tumultuous labor market and changes in the way people work now – over remote networks, for joint employers, and as contractors, among other trends – confront employers with a range of new leave issues under the FMLA. In addition, a stressed workforce also gives rise to more difficult leave requests, including to deal with alcohol and drug abuse, and retaliation claims related to requests for leave. These trends, and the ongoing interpretation by the courts of recent amendments to the FMLA, put employers in the unenviable position of managing a changing workforce in the context of a new legal landscape for leave. This program will provide you with a practical guide to developments under the FMLA, areas of new liability, and techniques to reduce risk expose for employers.
Review of federal regulatory developments under the FMLA
Leave issues related to joint employers
Remote and work-from-home workers and leave under the FMLA
Responding to leave requests from employees with drug and alcohol
Leave for military service
Relationship of the ADA after someone returns from FMLA leave
Intersection of the FMLA and retaliation claims after someone returns from leave
Post-FMLA separation issues
Kenneth M. Willner is a partner in the Washington, D.C. office of Paul Hastings LLP, and chair of the office's employment law practice. He represents employers in all aspects of employment law and litigation including wrongful discharge, discrimination, sexual harassment, disability discrimination, class actions, and individual cases in federal and state courts and before the Equal Employment Opportunity Commission and Office of Federal Contract Compliance Programs. Mr. Willner received his B.A., with distinction, from the University of Virginia, and his J.D. from the University of Virginia Law School.