FMLA Law News Update December 2017

FMLA Law News Update December 2017

Source: fmlalaw | December 13, 2017

Click on text highlighted in color to access the full report

Timing Is Everything: FMLA Claim Survives Summary Judgment …
The National Law Review-Nov 21, 2017
Employees requesting, currently taking, or just returning from leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons that are unrelated to their FMLA leave. This point is exemplified by Jennings v. Univ. of N.C., N.C. Ct. App., Case No. COA16-1031 (July 5, 2017), …

Reassignment can be post-FMLA accommodation
Business Management Daily-Dec 11, 2017
When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or reassign the employee—or both. The worker may prefer another accommodation, but it’s the employer’s choice. Recent case: Gary …

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused …
Lexology-Dec 8, 2017
Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. Over the course of about one year: 1. She is certified for FMLA leave for her cancer and asthma;. 2. She incurs a total of 13 intermittent absences in a 12-month period;. 3. A handful of these absences relate to her …

Terminated employee's civil rights violation claim dismissed pursuant to the doctrine of res judicata

Terminated employee's civil rights violation claim dismissed pursuant to the doctrine of res judicata

Russo v. City of New York, USCA, 2nd Circuit,  17-233-CV*

United States District Court for the Eastern District of New York  dismissed Anthony J. Russo's claim brought under 42 U.S.C. §1983. The district court sua sponte** dismissed Russo’s complaint pursuant to 28 U.S.C. §1915(e)(2)(B) and the doctrine of res judicata.***

Russo had been terminated by the New York City Board of Education as the result of an arbitration conducted pursuant to §3020-a of the New York State Education Law. Although Russo brought a CPLR Article 75 action challenging the arbitration award in New York State Supreme Court, the award was ultimately affirmed by the New York State Court of Appeals.

The Second Circuit affirmed the district court dismissal Russo’s complaint and the denial of his motion for reconsideration on the ground that Russo’s claims are barred by the doctrine of claim preclusion. We note at the outset that “the failure of a defendant to raise res judicata does not deprive a court of the power to dismiss a claim on that ground” in large part because of “the strong public policy in economizing the use of judicial resources by avoiding relitigation.

The Circuit Court then found that the dismissal Russo's petition on the basis of res judicata was appropriate in this case because Russo raises claims that are premised entirely on the same set of facts and alleged misconduct as the facts and misconduct alleged in his state court action, and because the initial state forum had the power to award the full measure of relief sought in this §1983 action.

Further, said the court, "even though Russo’s federal claims were not raised and litigated in his state action, there was no error in the district court’s decision to dismiss these claims on the grounds that they were barred by the state court judgment."

*N.B. Summary order - rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by federal rule of appellate procedure 32.1 and the 2nd Circuit's local rule 32.1.1.

** An action taken by the court without a formal motion by a party.

*** A matter that has been adjudicated by a court of competent jurisdiction and as a result not be relitigated further by the same parties.

The decision is posted on the Internet at:

http://www.ca2.uscourts.gov/decisions/isysquery/cc7bc7e6-927e-417c-9f36-b426227d82f7/14/doc/17-233_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/cc7bc7e6-927e-417c-9f36-b426227d82f7/14/hilite/

Selected reports posted in Employment Law News by WK Workday

Selected reports posted in Employment Law News by WK Workday

Source: Wolters Kulwer

Selected reports posted by WK Workday December 13, 2017

Click on text highlighted in color to access the full report 

Supervising company may be liable for harassment of female construction worker

Trump DOJ reverses course on public sector ‘agency fees’

Bipartisan bill would invalidate predispute agreements to arbitrate a ‘sex discrimination dispute’

Second Circuit finds trial court got Glatt right; magazine interns reap educational benefits, not pay