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)
Employment law compliance is among the many challenges businesses face as they start up and grow. In this course, Mr. Martinez reviews the most common mistakes made by start-up, small and emerging companies explaining the...more
Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more
Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more
Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more
BASF has agreed to pay $500,000 to settle claims that workers were forced to sign illegal last chance agreements (LCAs). The multinational chemical corporation settled a lawsuit brought by the Equal Employment Opportunity...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
President Barack Obama's second term will likely bring new employment protections for lesbian, gay, bisexual, and transgender individuals.
President Barack Obama's election in 2008 ushered in a period of increased...more
On January 14, 2013 the DOL issued guidance on FMLA leave for adult children. Pursuant to the Family and Medical Leave Act, parents of an adult child have been previously able to take FMLA for a child who is incapable of...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
My husband frequently makes fun of my innate nature to follow rules. When a sign at the store says don’t carry merchandise into the restroom, I don’t. I go in through the “in” door and out through the “out” door. Boring...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
What would the holidays be without a visit from the EEOC!
Its latest visit was to Dillard’s – to stop by to pick up a $2 million settlement check this week in connection with an ADA class action filed in California back...more
We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year.
As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s second annual final exam. We will send out answers to the exam in two weeks. But before we send out the...more
Laws Providing Leaves of Absence -
Family and Medical Leave Act (FMLA) -
The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious...more
As technology for the home office improves, more nonprofits and employees are taking advantage of the benefits of telecommuting. Laptops are lighter, faster, and more portable. Smartphones, iPads, and other e-readers...more
IN THIS SEMINAR:
- What is telecommuting?
- Benefits of telecommuting
- Policy and practice challenges raised by telecommuting
- Legal risks of...more
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