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Americans with Disabilities Act Family Medical Leave Act

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.  less -

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

by Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

2 Essentials For Dealing With Employees Attempting To Game the System

by Fisher Phillips on

Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

Episode 19: Is This Paid Family Leave’s Moment?

by Akerman LLP on

Matt welcomes prominent members of the NYC Plaintiff’s bar and mother-daughter guest team Laurie Berke-Weiss and Alex Berke to discuss the recent proliferation of state and local paid family leave statutes; paid family and...more

FAQs About The FMLA

by Fisher Phillips on

Understanding and complying with the requirements of the federal Family and Medical Leave Act (FMLA) is a challenge for even the most experienced management and human resources personnel. The challenge is even greater in...more

As If Leave Laws Aren’t Complicated Enough – Don’t Forget That Leave Can Be a Reasonable Accommodation

by Foley & Lardner LLP on

The myriad of leave laws and requirements often make employee leave requests an area of confusion, concern and risk for employers. If an employee has a medical condition and must take leave from their job, there may be...more

Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

by Littler on

Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more

EEOC Sues Connections CSP For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

EEOC Sues Capstone Logistics For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

Tips for Drafting Executive Employment Agreements -Tip #1 – Define “Cause” Broadly

by Bryan Cave on

Tip No. 1: Define “Cause” Broadly - Executives and other high-level employees often negotiate a contractual provision requiring the payment of severance if terminated without “Cause” prior to the expiration of a term...more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the ninth in a monthly series highlighting some of the more common mistakes employers can...more

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

by FordHarrison on

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

Gavel to Gavel: Preventing pregnancy, maternity, paternity discrimination in workplace

by GableGotwals on

The Equal Employment Opportunity Commission continues to prioritize “accommodating pregnancy-related limitations under the Americans with Disability Act Amendments Act and the Pregnancy Discrimination Act,” according to its...more

Negotiating the Maze of Overlapping Leave Laws

by Payne & Fears on

Our experienced employment lawyers review major federal and California laws regarding employee leaves of absence and how they impact employers in 2017 and beyond. Topics include: • Creating a checklist for handling requests...more

Fourth Circuit Decision Reiterates That Filling Employee’s Position During Leave And Re-Assigning Employee To A Different But...

by Seyfarth Shaw LLP on

Synopsis: The Fourth Circuit Court of Appeals recently ruled that an employer had done nothing wrong when it (i) filled the plaintiff’s position during his leave, (ii) restored the plaintiff to a different, but equivalent,...more

Recent Guidelines in Handling FMLA Claims

by Taylor English Duma LLP on

Your employee takes twelve weeks of FMLA, but cannot return when her leave expires. Her doctor certifies that she needs an additional 30 days of recuperation, but she claims she can do light-duty work during that 30 day...more

QBB Review: What employers should know—but often don’t—about employee substance abuse

by Nexsen Pruet, PLLC on

Many employers believe that alcohol and substance abusers are primarily unemployed or unemployable. Data shows the opposite. Indeed, one study estimates that 90 percent of alcoholics and 74 percent of drug addicts are...more

Managing the Competing Obligations of the FMLA and ADA

by PilieroMazza PLLC on

An employee asks for over 12 weeks of leave for an illness under the Family and Medical Leave Act (FMLA)—does this also constitute a request for accommodation under the Americans with Disabilities Act (ADA)? The interplay...more

An Industry In Transition: Gender Identity Issues Impacting Healthcare

by Fisher Phillips on

Employment law has always been on the cutting edge when it comes to emerging societal issues. Like little microcosms, the workplace reflects society as a whole. The healthcare industry is no exception. All people, regardless...more

PilieroMazza Legal Advisor - Second Quarter 2017

by PilieroMazza PLLC on

Special Labor and Employment Issue - This issue of the Legal Advisor is a special edition focusing entirely on Labor and Employment topics. The articles in this issue highlight challenges we often encounter and help...more

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

“The Bermuda Triangle” ADA-FMLA-Workers’ Comp Quiz

(DEAR READERS: I know that using “Bermuda Triangle” to refer to issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, and workers’ compensation is corny, trite, stale, and overdone. But I’m...more

Can an Employee take FMLA Leave to Care For a Sibling? Before You Say "No," Read This

by Franczek Radelet P.C. on

I love my brother dearly. I love my sister just as much. And whenever we near the end of life’s journey (a long time from now, of course), I’ll be there to care for them. And they, for me, despite the many piledrivers I...more

Leave as a Reasonable Accommodation under the ADA

by Kelley Drye & Warren LLP on

In May 2016, the Equal Employment Opportunity Commission (“EEOC”) published “Employer-Provided Leave and the Americans with Disabilities Act” The EEOC published the guidance as it observed a “troubling trend:” employment...more

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