The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities. Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
5 Risks of Telecommuting (And How Employers Should Handle Them)
Final regulations for wellness programs have been issued to help employers encourage healthier behaviors among their employees....more
On May 29, 2013, the Departments of Labor, Treasury and Health and Human Services released final regulations on nondiscriminatory wellness programs in group health plan coverage. The regulations largely follow the proposed...more
In This Issue: - Thinking about Hiring an Unpaid Summer Intern? What You Need to Know - Pets in the Workplace: Should Your Company Open its Doors to Employees’ Furry Friends? - Excerpt from Thinking about...more
Florida's requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily access the computerized process,...more
EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more
Employers nationally continue to struggle with how to respond and adapt to the ever-changing landscape that is the Patient Protection and Affordable Care Act (often known as ObamaCare or the ACA). We at Spilman Thomas &...more
On January 14, 2013, The Department of Labor issued a new interpretation that clarifies its position on the ability of employees to take leave under the FMLA to care for an adult child who has a disabling medical condition....more
The Department of Labor (DOL) recently issued additional guidance to employers regarding the definition of “son or daughter” under the Family Medical Leave Act (FMLA) as it relates to an adult child. Under the FMLA, an...more
All covered employers know that the FMLA entitles an eligible employee to take up to 12 weeks of unpaid, job-protected leave during a 12-month period to care for a “son or daughter” with a serious health condition. While most...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division issued an Administrator’s Interpretation on January 14, 2013, clarifying the definition of “son or daughter” under the Family and Medical Leave Act (FMLA) as it...more
The Department of Labor (DOL) has clarified the definition of "son or daughter" to now permit an eligible employee to take leave under the Family and Medical Leave Act (FMLA) to care for an adult child who is incapable of...more
On January 14, 2013, the United States Department of Labor, Wage and Hour Division (“WHD”) issued Administrator’s Interpretation No. 2013-1 (the “Interpretation”) in order to provide clarification of the definition of “son”...more
Yesterday, the U.S. Department of Labor issued an Administrator's Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child. ...more
Five federal agencies have collectively proposed regulations to implement elements of the Affordable Care Act ("ACA") healthcare reform legislation designed to encourage employers to sponsor employee wellness programs. The...more
The world did not end last week, and so it is that time again to reflect on the year behind us and to consider what is on the horizon for the upcoming year. What resolutions will we make for 2013? Will we train for an Iron...more
On November 20, 2012, the IRS, DOL and HHS jointly issued proposed regulations under the Affordable Care Act building on existing HIPAA regulations of wellness programs. The new proposed regulations provide clearer guidance...more
Dillard's Inc., a large national retail chain, has agreed to pay $2 million to resolve a class action disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). This settlement is further...more
Earlier this week, the national department store chain Dillard’s agreed to pay $2M to settle a discrimination claim based upon its policy of requiring absent employees to provide a doctor’s note stating the medical reason for...more
The Equal Employment Opportunity Commission reported in a press release that Interstate Distributor Company, a trucking firm, agreed to pay $4.85 million to settle a lawsuit alleging pattern and practice violations of the...more
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