This blog post was authored by Jennifer Rosner.

In a 2014 decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”).  However, buyer beware!  If an employee affirmatively declines to use FMLA to which

La_city_hwysFans of the late night television show Saturday Night Live probably have seen the recurring sketch called, “The Californians.”  “The Californians” is a soap opera, and the characters portray Californian stereotypes, such as poking fun at the way Californians speak and drive and their obsession over traffic.  One of the recurring jokes is that Californians

Scales.jpg

Overall, employers fared well in the outcome of published decisions related to various employment claims this year (although there were cases that went to employees).  Some of the notable cases are discussed below.

Fitness for Duty

A university professor unsuccessfully sued his employer for violations of the California Fair Employment and Housing Act (FEHA), the

hourglass-small.jpg This blog post was authored by Jennifer Rosner.

In a recent decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”).  However, buyer beware!  If an employee affirmatively declines to use FMLA that he/she

Las Vegas SignThe FMLA provides an eligible employee the right to 12 workweeks of leave to care for the employee’s spouse, child or parent with a serious health condition.  Consequently, employers generally grant employee requests to use FMLA leave when their family member receives medical treatment or undergoes a surgical procedure.  What happens when an employee requests