Event Details

Presenter: Jean Faure

Jean E. Faure is a Montana trial attorney with 27 years of experience in labor/employment law and civil litigation, representing public and private employers in connection with all labor and employment-related issues.  Although the Faure Holden Law Firm is based in Great Falls, Jean works throughout the state of Montana from Scobey to Dillon.  Her practice includes advising clients in union organizing campaigns, negotiating collective bargaining agreements, representing management in union grievance arbitration and appearing in front of the National Labor Relations Board.  Jean is one of the Top 100 Mountain States Super Lawyers.  Best Lawyers In America® has named Jean the Great Falls’ (Montana) Lawyer of the Year in Employment for 2017 2017.  Jean is a member of the Federation of Defense and Corporate Counsel and Litigation Counsel of America. Outside of the law, she loves being outdoors, on the water, and with her newest chocolate Labrador retriever.

Topic:

Navigating The Bermuda Triangle: the Interaction of the FMLA, ADA and Workers' Compensation Laws

The interaction of the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and workers' compensation laws is known to be the Bermuda Triangle of employment law.  A violation of any of these laws can result in damages such as lost wages, back pay, reinstatement, retroactive benefits, compensatory damages and punitive damages. It is also important for an employer to understand how these laws interact for the economic efficiency of the employer's business operations.

The best way to handle the interaction of these laws is to know when each law is implicated and exactly what each one requires. For example, some leaves may only implicate one of these laws, like caring for another person (FMLA). Some leaves may implicate two of these laws, like an injury not related to work (FMLA and ADA). Some leaves may implicate all three laws, like an injury at work that substantially limits a major life activity.

Step 1: Determine Which Laws Apply To Employer

Step 2: Know What Each Law Requires

Step 3: Analyze Whether a Current Situation Implicates Any of These Laws

Step 4: Consider Other Laws

While the Bermuda Triangle is the focus, there may be other and often concurrent employment-related obligations that an employer may have, such as under the Fair Labor Standards Act (FLSA)/Montana’s Wage & Hour Act and Montana’s Wrongful Discharge From Employment Act..