Akerman LLP - HR Defense

Even Planned Surgery May Be “Unforeseeable” Under the FMLA

Employees seeking leave under the Family and Medical Leave Act are supposed to give 30 days’ notice if the need for leave is “foreseeable,” but what does “foreseeable” mean? Based on a recent 11th Circuit Court of Appeals…more
| Civil Procedure, Labor & Employment Law

EEOC Encouraged to Address Social Media and “But-for” Causation in Revising Guidance on Retaliation

At a meeting of the U.S. Equal Employment Opportunity Commission, convened to address the explosive growth of retaliation charges last week, witnesses made a variety of recommendations, including that the agency revise its…more
| Civil Rights, Communications & Media Law, Labor & Employment Law

Pregnancy Discrimination Prohibition To Be Included in Florida Civil Rights Act

In April 2014, the Florida Supreme Court held in Delva v. The Continental Group, Inc. that pregnancy discrimination was encompassed within “sex” discrimination as protected in the then-enacted version of the Florida Civil Rights…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Glitch in State Department Systems Causing Worldwide Visa Issuance Delays

U.S. embassies and consulates abroad recently suspended issuing any U.S. visas as a result of worldwide technical issues with State Department computer systems. These technical problems cause considerable delays to foreign…more
| Agriculture, Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Even In Colorado, Employees May Be Terminated for Medical Marijuana Use In Violation of Company Drug Policy

In Coats v. Dish Network, LLC, the Supreme Court of Colorado upheld an employer’s decision to terminate the employment of a quadriplegic employee who worked as a customer service representative and who held a state-issued…more
| Conflict of Laws, Labor & Employment Law

Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law

In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise…more
| Civil Procedure, Civil Rights, Labor & Employment Law

OSHA Publishes Guide to Restroom Access for Transgender Workers

All employees, including transgender employees, should have access to restrooms that correspond to their gender identity. That’s the takeaway from the Department of Labor’s Occupational Safety and Health Administration’s…more
| Civil Rights, Labor & Employment Law

Court Addresses FMLA’s Overnight Stay Requirement

In order to satisfy the Family and Medical Leave Act’s “overnight stay” requirement, an employee must be in the hospital “for a substantial period of time from one calendar day to the next calendar day as measured by the…more
| Civil Procedure, Labor & Employment Law

Supreme Court Rules Against Employer on Religious Accommodation Standard for Job Applicant

The U.S. Supreme Court has held that to prevail in a Title VII disparate-treatment (i.e., intentional discrimination) claim, a job applicant need only show that his need for a religious accommodation was a motivating factor in…more
| Civil Procedure, Civil Rights, Labor & Employment Law

DOL Issues New FMLA Forms

The Department of Labor has finally issued new FMLA forms. These forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385V) may be accessed from the DOL’s website. The prior FMLA forms expired well before the new…more
| Civil Rights, Health, Labor & Employment Law, Privacy

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

EEOC Will Now Process Sexual Orientation Discrimination Claims

On February 3rd, the Equal Employment Opportunity Commission released an internal memorandum stating that the EEOC will now process and investigate claims of discrimination based on sexual orientation, transgender status, and…more
| Administrative Law, Civil Rights, Labor & Employment Law

Employers Face Stricter Requirements when Hiring H-2B Workers

In response to recent litigation that created significant uncertainty around processing of applications for H-2B temporary foreign workers, the Department of Labor and Department of Homeland Security recently issued a federal…more
| Labor & Employment Law, Immigration Law

EEOC Has a Limited Duty to Conciliate, Supreme Court Rules

Before filing suit against an employer, the Equal Employment Opportunity Commission has a duty to notify the employer of the claim and give the employer an opportunity to discuss the matter. But the EEOC has no duty to engage in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Labor & Employment Law

Professional Employer Organizations: New Tax Services Possible

Currently, Professional Employer Organizations (PEOs) have no comprehensive federal framework under which to offer employment tax collection and remittance services to their clients. The Small Business Efficiency Act (“SBEA…more
| Business Organizations, Labor & Employment Law, Taxation
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