Employment Law Alert - September 2011


In this issue:

UPDATE: NLRB Final Rule Issued; Notice of Rights to be Posted.

We informed you back in our January 2011 Alert that the National Labor Relations Board issued a proposed rule which, if adopted, would create a substantial change in the workplace. Last month, the NLRB issued a Final Rule requiring the posting of a notification of employee rights. This Rule, which was adamantly opposed by employers as unnecessary and misleading, becomes effective on November 14, 2011. A copy of the notice can be obtained by clicking here: NLRB Poster. The new Rule requires that all employers subject to the National Labor Relations Act post a notice informing employees of their rights under the NLRA, including the right to form and join labor unions...

The Interactive Process: What's Your Part? By: Jeffrey M. Schlossberg

Most employers know that if an employee is covered by the Family and Medical Leave Act, the employee is entitled to up to 12 weeks of unpaid leave. But what if the employee is not eligible for FMLA, or the FMLA benefit has been exhausted and the employee still needs time away from work? In most every case where a medical condition is involved, the employer and employee are required to engage in an interactive process to determine if the employee is entitled to a reasonable accommodation - which could be more time off from work. The obligation arises under the federal Americans With Disabilities Act as well as parallel New York State and New York City laws. A recent court decision in New York highlights that an employer's lack of participation in this process could result in liability to the employer...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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