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“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

5/27/2014 - ADA Adverse Employment Action Employee Rights Employer Liability Issues Essential Functions Hiring & Firing Reasonable Accommodation Termination

SuperVision Today - May 2014

Notes from the Chair and Executive Editor - Welcome to the second quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group. Readers of this newsletter are invited...more

5/23/2014 - Employer Liability Issues Employer Mandates Exempt-Employees Minimum Wage NLRB Unpaid Overtime Wage and Hour

On Equal Footing: Fourth Circuit Disables Temporary vs. Permanent Distinction Under the ADA

Last month, the United States Court of Appeals for the Fourth Circuit held that a “sufficiently severe” temporary impairment may constitute a disability under the American Disabilities Act (“ADA”). Summers v. Altarum Inst.,...more

2/27/2014 - ADA Disability Temporary Disability Insurance

SuperVision Today - February 2014

Notes from the Chair and Executive Editor - The year 2014 marks Spilman Thomas & Battle's 150th anniversary. While we pause to reflect on our first 150 years, we are also looking forward to how we will create our next...more

2/20/2014 - Compliance Employee Benefits Employee Rights Legislative Agendas

Mortgage Loan Officers: Likely Exempt Under the Fair Labor Standards Act . . . For Now

This past July, the United States Court of Appeals for the District of Columbia (“D.C. Circuit”) vacated a 2010 Department of Labor (“DOL”) Interpretation Letter that concluded employees who perform the “typical” job duties...more

12/2/2013 - Compensation & Benefits FLSA Mortgage Loan Originators

SuperVision Today: 4th Quarter 2013

In This Issue: - Federal Contractors Should be Planning Ahead for the New Section 503 and VEVRAA Rules - Putting the Pieces Together: How the ACA Impacts Health Reimbursement and Flexible Spending...more

11/22/2013 - Affordable Care Act Class Action Contractors Discrimination DOL ENDA Flexible Spending Accounts FLSA Healthcare Healthcare Reform Mortgages NLRB Pay or Play Reimbursements Sexual Orientation Discrimination Waivers

New West Virginia Case Finds an Injury at Work Not a Result of Employment

Morton v. West Virginia Office of Ins. Com’r, 2013 WL 5508553, -- S.E.2d ---- (Oct. 4, 2013) (per curiam). Affirming Workers’ Compensation Board of Review’s denial of compensability. In Morton, the claimant injured her...more

11/14/2013 - Scope of Work Workplace Injury

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