Allan Weitzman

Allan Weitzman

Proskauer Rose LLP

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EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA

The Equal Employment Opportunity Commission (“EEOC”) has issued two final rules addressing employer-sponsored wellness programs’ compliance with Title I of the Americans with Disabilities Act (“ADA”) and Title II of the...more

5/20/2016 - ADA EEOC Employer Group Health Plans Final Rules GINA Incentives Notice Requirements Wellness Programs

The Right to Withdraw Recognition is Under Attack

For over 65 years, an employer has had a legal right to withdraw recognition from an incumbent union based on the union’s lack of majority status. In 1951, in Celanese, the NLRB permitted withdrawal based on the employer’s...more

5/16/2016 - Employer Liability Issues Evidence Good Faith NLRB NLRB General Counsel Objective Standard Unions

EEOC Releases New Guidance on Unpaid Leave as a Reasonable Accommodation Under the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new guidance on unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The guidance, issued on May 9, 2016, makes clear...more

5/13/2016 - ADA Disability EEOC Reasonable Accommodation Unpaid Leave

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing...more

4/13/2016 - ADA DOJ Injunctive Relief Public Accommodation Retailers Statutory Damages Summary Judgment Title III Website Accessibility

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under...

In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more

4/7/2016 - ADA ADAAA Conditional Job Offers Corporate Counsel Disability Disability Discrimination EEOC Hiring & Firing Medical Examinations Obesity

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more

3/22/2016 - Corporate Counsel Economic Realities Test Employment Practices Liability Coverage FMLA Hiring & Firing Human Resources Professionals Personal Liability Supervisors Termination

Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act

Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined...more

2/10/2016 - ADA Corporate Counsel Disability Discrimination Federal Contractors Hostile Environment Independent Contractors Reasonable Accommodation Rehabilitation Act

New Guidance on “Use It or Lose It” Vacation Policies in Colorado: What Is “Earned” Cannot Be Forfeited

The Colorado Wage Protection Act, which amended the existing Colorado Wage Act, § 8-4-101, et seq., governs payment of wages for work performed in Colorado. The Act became effective on January 1, 2015, and is enforced by the...more

12/31/2015 - Contract Terms Employment Policies Vacation Pay Wage and Hour

DOJ Announces Postponement of the Release of Proposed Web Accessibility Regulations for Public Accommodations Until 2018

Businesses awaiting guidance from the U.S. Department of Justice (DOJ) on accessibility of online content for places of public accommodation under Title III of the Americans with Disabilities Act (ADA) were once again...more

11/30/2015 - ADA DOJ Proposed Regulation Public Accommodation Website Accessibility

U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with...

Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment...more

8/20/2015 - Accessibility Rules ADA Best Practices Design Professionals Disabilities New Guidance Public Accommodation

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to...more

7/30/2015 - ADA ADAAA Disability Discrimination EEOC Legal History Young Lawyers

DOJ Releases Supplemental Guidance on Service Animals Under the Americans with Disabilities Act

With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions...more

7/14/2015 - ADA DOJ New Guidance Public Accommodation Service Animals

Proposed Web Accessibility Regulations for Public Accommodations Delayed Yet Again

The U.S. Department of Justice (DOJ) has once again pushed back the anticipated issue date for proposed regulations governing accessibility of online content for places of public accommodation governed by Title III of the...more

6/8/2015 - ADA DOJ Proposed Regulation Public Accommodation Website Accessibility Websites

No “Pleasure” for Florida Whistleblower

Despite 14 pages of vigorous dissent, a majority of a three-judge panel of the Eleventh Circuit has done the right thing and joined the Fourth, Sixth and Ninth Circuits in holding that the National Bank Act (“NBA”) preempts...more

5/7/2015 - Corporate Officers National Bank Act Preemption Whistleblower Protection Policies Wrongful Termination

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more

12/10/2014 - Appeals FMLA Poor Job Performance Pregnancy Pregnancy Discrimination Retaliation Summary Judgment Termination

Miami-Dade County Expands its Human Rights Law to Ban Discrimination on the Basis of Gender Identity and Gender Expression

On December 2, 2014, Miami-Dade County Commission amended the County’s Human Rights Ordinance (Chapter 11A of the Code of Ordinances of Miami Dade County, Florida) to prohibit discrimination based on gender identity and...more

12/4/2014 - Discrimination Employer Liability Issues Gender Discrimination Gender Identity Human Rights Local Ordinance

Pregnancy Is a Protected Characteristic Under the Florida Civil Rights Act

In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy....more

10/16/2014 - Appeals Discrimination Employer Liability Issues FCRA Pregnancy Discrimination

New Massachusetts Law Entitles Employees to Domestic Violence Leave

On August 8, 2014, Massachusetts Governor Deval Patrick signed into law a far-reaching Act designed to combat the problems of domestic violence. Notably, the Act became effective immediately upon the Governor signing it into...more

9/9/2014 - Crime Victims Domestic Violence Employee Rights Paid Leave Unpaid Leave

D.C. Mayor Signs "Ban the Box" Law

Mayor Vincent Gray has signed the Fair Criminal Record Screening Act of 2014 to prevent most employers in the District of Columbia from asking prospective employees about their criminal history on the initial job application....more

9/4/2014 - Ban the Box Criminal Background Checks Job Applicants

Special Report: Social Media Roundup

Social Media Roundup - Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections, following Tennessee, Wisconsin,...more

8/14/2014 - Employee Rights Passwords Social Media Social Media Account Ownership Social Media Policy

Latest Criminal Background Check Developments Affect San Francisco, Illinois, and Alabama Employers

Starting on August 13, 2014, employers and contractors in San Francisco may no longer ask applicants about their criminal history until after the first live interview or following a conditional offer of employment. Even when...more

8/11/2014 - Background Checks Ban the Box Contractors Criminal Background Checks Subcontractors

New Illinois "Ban the Box" Law Covers Private Employers

Governor Quinn has signed the Job Opportunities for Qualified Applicants Act (the "Act"), which takes effect January 1, 2015 and prevents private employers from asking an applicant about his or her criminal history on the...more


Eleventh Circuit Sustains Award To Employer In Whistleblower Case

In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6,...more

7/11/2014 - Attorney's Fees Emotional Distress Damages Employer Liability Issues Retaliation Sarbanes-Oxley Whistleblowers

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered "Disabled" Under State Human Rights Law

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not...more

7/2/2014 - ADA Disability Employer Liability Issues Human Rights Marijuana Medical Marijuana Pending Legislation

Tennessee Enacts Trio of Employment Laws

Tennessee's governor recently signed three new employment laws. The first, a social media law, takes effect on January 1, 2015, and provides applicants and employees with social media protections similar to those in fifteen...more

6/23/2014 - Discrimination Employer Liability Issues Employment Policies Hiring & Firing New Regulations Social Networks

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