Compliance Stuff

On February 11, 2026, Congresswoman Sarah McBride (DE-At-Large) and Congresswoman Anna Paulina Luna (FL-14) introduced bipartisan legislation, the  Flexible Leave Act  (H.R. 7505), proposing notable updates to the Family and Medical Leave Act (29 U.S.C. 2612 (b)) (“FMLA”). Aimed at making job-protected leave more accessible for today’s workforce , the  Flexible Leave Act  would remove (1) employer consent for intermittent leave and (2) medical certification requirements. In its current form, the FMLA requires that employees secure employer approval for intermittent leave for planned treatments or to manage conditions. Under the  Flexible Leave Act , intermittent leave can be taken as needed , without employer consent. The proposal further seeks to remove the requirement to furnish medical certifications to substantiate serious health conditions or family-care needs. Employees taking qualifying FMLA leave would continue to receive job restoration to the same or ...

Employment  discrimination  lawsuits are almost invariably triggered by an “adverse action.” The standard burden-shifting framework for a plaintiff to prove her  prima facie  Title VII discrimination case reads: A plaintiff must present sufficient evidence that she was: 1) a member of a protected class; 2) qualified for the position; 3) suffered an adverse employment action; and 4) under circumstances giving rise to an inference of discrimination.   See  Jones v. School District of Philadelphia,  198 F.3d 403 at 410-411 (3d Cir., 1999);   Boykins v. Lucent Tech., Inc.,  78 F.Supp.2d 402, 409 (E.D.Pa.2000) ;  see also  In re Carnegie Ctr. Assocs.,  129 F.3d at 294-295  (citations omitted). Most often, an adverse employment action in the employment discrimination context is a termination. However, there are other types of adverse employment actions, which can help a plaintiff satisfy her  prima facie  burden. For e...