March 8, 2013 is the effective date for the U.S. Department of Labor’s final rule implementing important areas of expansion in the Family and Medical Leave Act (“FMLA” or “the Act”). As part of the implementation, a revised FMLA workplace poster has been created and is available to employers on the Internet (pdf). All covered employers are advised to replace their existing poster with the revised version by March 8, 2013.
Since its enactment in 1993, an unresolved issue under the Family and Medical Leave Act (“FMLA” or “the Act”) was exactly how the definition of “son or daughter” under Section 101(12) of the Act applied to adult children, 18 years of age or older and incapable of self-care because of a mental or physical disability.
On September 14, 2011, the United States Court of Appeals for the Fifth Circuit upheld a $1.8 million jury verdict for 55 waiters at a Chili’s Grill and Bar. The waiters alleged they were compelled by their employer to participate in an illegal tip pooling arrangement.