White Paper

Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice

 

FMLA is fraught will pitfalls that can lead to costly mistakes.

An employer was recently faced with a collective action for failing to post a notice. A U.S. District Court rejected that attempt. There is no private right of action by an individual based on an employer's failure to post the general FMLA notice required by the regulations. However, the Department of Labor has the authority to enforce the posting requirements and can seek penalties against the employer. Is it time to check your postings? 

Faculty

Tasos C. Paindiris, Esq.

Tasos C. Paindiris, Esq.

Jackson Lewis P.C.