Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
National Litigation Hotline
The Eighth Circuit recently held that an employer that granted personal rather than FMLA leave to an employee to undergo gender-reassignment surgery did not violate the FMLA. Sanders v. May Dep't Stores Co., 2003 WL 61112 (8th Cir. Jan. 9).
Plaintiff informed his employer in Spring 1998 that he suffered from gender dysphoria, and that he intended to undergo gender reassignment surgery in June. For 4 to 6 weeks before the surgery, plaintiff intended to live as a woman. Plaintiff resigned before the surgery, even after the employer expressed concern over his resignation, given that he had worked there for 13 years. The employer informed plaintiff that he was not entitled to severance pay. Because the departure was voluntary, but that he might be able to qualify for FMLA leave. However, to do so, the plaintiff would have to submit medical certification of the need for leave. Plaintiff declined to submit this certification, citing confidentiality concerns. The employer instead permitted the plaintiff to take 13 weeks of personal leave. Under this policy, the employer was not obligated to hold plaintiff's position open. After undergoing the surgery, the now-female plaintiff sought her previous job, which the employer had not held open. The employer rehired the plaintiff as a senior financial analyst, but terminated her in April 1999 for poor performance.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.