29 CFR 825.220 - Protection for employees who request leave or otherwise assert FMLA rights
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1542 practice notes
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Part II
...Register Online via GPO Access [wais.access.gpo.gov] DOCID:fr17no08-23 Page 67933 Part II Department of Labor Wage and Hour Division 29 CFR Part 825 The Family and Medical Leave Act of 1993; Final Rule Page 67934 DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 825 RIN 1215-AB35 The F......
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Temporary Non-Agricultural Employment of H-2B Aliens in the United States
...was consistent with similar prohibitions against waiver of rights under other laws, such as the Family and Medical Leave Act, see 29 CFR 825.220(d), and the H-2A program, see 29 CFR 501.5. The Department received several comments concerning this proposed addition, all of which supported the......
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Family and Medical Leave Act; information request; report,
...is a 188% increase over a thirteen year period. * * * We attribute most of this increase to the FMLA. Under the existing regulations 29 CFR 825.220(c) employers cannot use the taking of FMLA leave as a factor in employment actions, i.e., No-Fault Attendance Edison Electric Institute, Doc. 1......
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Temporary Non-Agricultural Employment of H-2B Aliens in the United States
...is also consistent with similar prohibitions against waiver of rights under other laws, such as the Family and Medical Leave Act, see 29 CFR 825.220(d), and the H-2A program, see 29 CFR 4. Sec. 503.7 Investigation Authority of Secretary of Labor This section retains the authority establishe......
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1491 cases
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James v. Group, Case No.: 14-CV-1756-AJB-JMA.
...(or equivalent) position establishes a prima facie denial of the employee's [CFRA] rights." Sanders , 657 F.3d at 778 (citing 29 C.F.R. § 825.220(b) ). Of course, this right to reinstatement "is not without limits." Id. "An employee has no greater right to reinstatement or to other benefits......
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AVILA v. Cont'l AIRLINES INC., No. B196603.
...CFRA leave as absences under a no-fault attendance policy. (Cal.Code Regs., tit. 2, § 7297.10, incorporating by reference, inter alia, 29 C.F.R. § 825.220, subd. (d).) 8 “Family care and medical leave” includes “[l]eave because of an employee's own serious health condition that makes the em......
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Shtab v. Greate Bay Hotel and Casino, Inc., No. CIV.A. 00-2122.
...for "any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right [under the FMLA]." 29 C.F.R. § 825.220(b) defines "interference" as including "not only refusing to authorize FMLA leave, but discouraging an employee from using such leave. It would......
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Sowell v. Kelly Servs., Inc., CIVIL ACTION No. 14-cv-3039
...note that "discouraging an employee from using 139 F.Supp.3d 694FMLA] leave" can constitute interference with that employee's rights. 29 C.F.R. § 825.220(b). We believe that the use of the word "discourage" rather than a more restrictive verb such as "block" or "deny" allows for a claim to ......
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29 firm's commentaries
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Relief in Sight? DOL Issues Final FMLA Regulations
...has been hospitalized overnight. 29 C.F.R. § 825.302(c). 9 29 C.F.R. § 825.303(c). 10 29 C.F.R. § 825.303(a). 11 29 U.S.C. § 2613. 12 29 C.F.R. § 825.220. 13 29 C.F.R. §§ 825.202(b) and (d). 14 The former regulations did not permit employers to restrict the use of paid vacation or personal ......
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Term Limits for Contingent Workers: Urban Legend or Necessary Fix?
...Gas & Electric, (unpublished order) No. C-95-4638DLJ (N.D. Cal. 1999). 12 29 C.F.R. § 825.106(e). 13 29 C.F.R. § 825.106(e); 29 C.F.R. § 825.220(a). The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your sp......
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DOL Issues Six New Opinion Letters And Establishes A New Office Of Compliance Initiatives
...the 12 months necessary to remove pointsthen the employer may be unlawfully discriminating against employees who take FMLA leave. 29 C.F.R. § 825.220(c) (requiring that employees who take FMLA leave accrue the same benefits as employees who take equivalent non-FMLA Office of Compliance Ini......
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DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives
...the 12 months necessary to remove points—then the employer may be unlawfully discriminating against employees who take FMLA leave. 29 C.F.R. § 825.220(c) (requiring that employees who take FMLA leave accrue the same benefits as employees who take equivalent non-FMLA Office of Compliance Ini......
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5 books & journal articles
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If I Sign this Release, I can Still Sue you Later, Right? The Current (And Future) Status of FMLA Waivers
...waivers have the potential to be problematic. The statute is silent on the issue of waivers, but the Code of Federal Regulations at 29 C.F.R § 825.220(d) specifically provides that “[e]mployees cannot waive, nor may employers induce employees to waive, their rights under [the] FMLA.” 7 In J......
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SC Lawyer, January 2006, #3. Red Flags for Non-Employment Lawyers.
...See, e.g. Dierlam v. Wesley Jessen Corp., 222 F.Supp.2d 1052 (N.D. Ill. 2002) (employee may not waive FMLA claims pursuant to 29 C.F.R. § 825.220(d)); see also Bluitt v. Eval Co. of America, Inc., 3 F.Supp.2d 761, 763 (S.D. Tex. 1998). A release of claims under the S.C. Workers' Compensatio......
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2009 Fall, Pg. 42. Employee Releases.
...et seq. 29 U.S.C. § 2654; See Moldenhauer v. Tazewell-Pekin Consol. Commerce Ctr., 536 F.3d 640, 643 (7(fn th ) Cir. 2008). 29 C.F.R. § 825.220(d). Faris v. Williams WPC-I, Inc., 332 F.3d 316 (5(fn th ) Cir. 2003); Taylor v. Progress Energy, Inc., 415 F.3d 364 (4(fn......
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Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights
...but they struggled with the contradiction between being‘‘good workers’’ and ‘‘good mothers.’’ The following respondent’s2029 C.F.R. § 825.220.Albiston experience illustrates this conflict. This respondent had worked inthe human resources department of a hotel before taking leave forpregnancy......
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