Attorney’s Fees – Fee Shifting Statutes in Employment Litigation

In the US, most parties bear their own legal costs, which includes paying for their own attorneys. This is called the “American rule.” However, many employment statutes actually shift the responsibility to the employer when an employee wins. If you have a claim for: Minimum wage; Overtime; Discrimination; Equal pay; Whistleblowing; or FMLA Interference or […]

An Employer’s Duty Where There Is an Insufficient FMLA Medical Certification

In the last post, I mentioned that under the Family Medical Leave Act an employer has a duty to notify an employee that it requires medical certification and to provide an opportunity to cure any deficiencies. Let me elaborate. An employer may require medical certification of the serious health condition for which you are taking FMLA […]