For me, this day is very personal.
A bill is being considered in France that would potentially restrict severely use of e-mail by employees off the clock. That “controversial,” “extreme” and “off the wall” French proposal: well, it is already U.S. law!
Yesterday, the Fifth Circuit denied the NLRB’s petition for en banc review of its December 3, 2013 decision wherein the Fifth Circuit refused to enforce the NLRB’s decision invalidating class action waivers in mandatory employee arbitration agreements.
Employers are well aware of the increased risk of implementing an adverse action (e.g., suspension, termination of employment) in the face of an employee’s claim for FMLA leave. Defending against such claims depends upon being able to demonstrate the legitimate, nondiscriminatory basis for the adverse action. At times, however, the close proximity of the adverse action to the employee’s FMLA request is difficult to overcome.