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    By Burton J. Fishman

    The original FMLA included an understanding that not all minors will be cared for by a biological parent and that some caregivers will not have formal rights of custody or similar certifications.  It did so by mandating leave for persons “in loco parentis,” that is, adults who provide day-to-day care and financial support for minors.

    By: Judith E. Kramer

    On July 8, 2010, a new federal regulation went into effect that may have far-reaching implications for companies that have contracts with the federal government.  As of that date, contracting agencies must include in solicitations and contracts of at least $25,000 a clause requiring certain contractors and first-tier subcontractors to report at http://www.ccr.gov the names and total compensation of each of the five most highly compensated executives for the contractor’s or subcontractor’s preceding fiscal year. 

    Fortney & Scott, LLC is pleased to announce that David S. Fortney, Esq. has been recognized in the 2010 edition of the Chambers USA ratings of Washington, DC’s top labor and employment attorneys.  Mr. Fortney was ranked by Chambers USA in Band 1, which is the highest ranking that is awarded to only five labor and employment attorneys in Washington, DC, based on extensive interviews of fellow attorneys and clients.  The Chambers USA evaluation stated that Mr. Fortney “draws praise as a leading authority on wage and hour compliance, but he also counsels clients on equal opportunity requirements, nondiscrimination regulations and workplace health and safety.”  The quality of his legal analysis is outstanding and his approach is described as “unbelievably politically astute.”

DOL Clarifies and Expands Leave Rights for “Non-Traditional Parents”

By Burton J. Fishman

The original FMLA included an understanding that not all minors will be cared for by a biological parent and that some caregivers will not have formal rights of custody or similar certifications.  It did so by mandating leave for persons “in loco parentis,” that is, adults who provide day-to-day care and financial support for minors.

On June 22, 2010, DOL issued an Interpretation of this element in the FMLA making it clear that the practical realities of care-giving will be the determining factor as to who is eligible for FMLA leave.  Grandparents, aunts, step-parents, unwed parents, adults with no biological relationship to a child but who share in the responsibilities of care-giving, including, particularly, same-sex couples, are identified as being eligible for time off work to provide care under the FMLA.

Sec. of Labor Solis made the Department’s intent obvious in her statement: “The Labor Department's action today sends a clear message to workers and employers alike: All families, including LGBT [lesbian-gay-bisexual-transgender] families, are protected by the FMLA.” 

All covered employers are advised to observe the instructions of the Interpretation.  It remains to be seen whether the substance and/or the vehicle for this change will be challenged in court.

 To read the full text of the Administrator's Interpretation, please click here.

If you have any questions, please call Burton Fishman or Susan Webman – or your FortneyScott attorney – at 202-689-1200.