News & Analysis as of

Attendance

Faulty Issues With No Fault Attendance Policies

by Baker Ober Health Law on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

Temps in Tenth Circuit Face Stricter Scrutiny When Seeking Time Off as Reasonable Accommodation

by Bryan Cave on

On July 6, 2017, a three-judge panel of the United States Court of Appeals for the Tenth Circuit reiterated that physical attendance in the workplace is an essential function of most jobs and emphasized this is particularly...more

Arizona’s Paid Sick Leave Law, Part II: The “Same Hourly Rate,” Attendance, and Coverage Questions

Arizona’s new paid sick leave law—Proposition 206 or The Fair Wages and Healthy Families Act—will go into effect on July 1, 2017. While we previously explained key components of the law, the Act left many important questions...more

Special Education Tip – Missing in Action-Violation of the Compulsory Attendance Law – 48-2017

by Pessin Katz Law, P.A. on

Missing in Action-Violation of the Compulsory Attendance Law - Maryland has a compulsory attendance law, found at Section 7-301 of the Education Article of the Annotated Code of Maryland. Every Maryland school system has...more

California Paid Sick Leave Update: Employer Attendance Policies May Interfere With Labor Code Rights

Many employers enforce attendance policies which assign an “occurrence” for unscheduled, unapproved absences. Although employers generally have discretion to implement attendance policies, such policies should be carefully...more

Protests Planned for March 8 Are Not A Reason to Deviate from Normal Attendance Policies

by SmithAmundsen LLC on

The organizers of January’s Women’s March on Washington and similar “sister” marches across the country are calling for women to “take the day off from paid and unpaid labor” on March 8, 2017. Promoted as a “Day Without A...more

Strike4Democracy’s National Day of Action and the Impact on the Workplace

by SmithAmundsen LLC on

In a protest against President Trump’s immigration policies and plans, organizers around the country are coordinating a national protest day set for Friday, February 17th — encouraging workers to “walk out” or “don’t work” if...more

Public Employers in PA Required to Bargain over Attendance Policies with Disciplinary Provisions

Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union,...more

Understanding the New Truancy Regulations

by Barley Snyder on

A new piece of state legislation significantly changes the law addressing truancy for students in Pennsylvania. Gov. Wolf signed House Bill 1907 into law Nov. 3, changing the provisions of Article XIII of the Public...more

The Fault Line Running Under “No Fault” Attendance Policies

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Many employers have “no fault” attendance policies in place to manage employee absenteeism. Are these policies putting California employers on shaky ground? Read on... “No fault” attendance policies...more

CAS Legal Mailbag Question of the Week – September, 2016

by Shipman & Goodwin LLP on

Dear Legal Mailbag: The beginning of the year is an exciting time, but there are always some students who don’t show up for the party. To be sure, we try to track them down by attempting to contact their parents with...more

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

Issues to Consider When Using Biometric Scanners to Track Attendance

Many employers now track employee attendance by using biometric scanners that require an employee to clock in and out by scanning a fingerprint or a palmprint. Such scanners have largely replaced paper timesheets and have...more

EEOC Has Attendance Point Systems in its Sights

by Bond Schoeneck & King PLLC on

Attendance point systems undoubtedly have appeal. These policies — often referred to as “no fault attendance policies” because they assign points to absences regardless of the cause — take the subjectivity out of...more

Employer Not Required to Accommodate Inability to Work Predictable Hours

In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more

Even Under the ADA, Some Jobs Require Being On-Site; Court of Appeals Decision Offers Lessons

by Baker Donelson on

Last month in EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc), the United States Court of Appeals for the Sixth Circuit found that a Ford employee was not qualified for her job under the ADA because she was not...more

Sixth Circuit Sides with Ford Motor Company in ADA Telecommuting Case

by K&L Gates LLP on

Employers often grapple with what constitutes a reasonable accommodation under the American with Disabilities Act (“ADA”). This issue becomes increasingly complex when evaluating whether telecommuting is an appropriate and...more

When Is Telecommuting a Reasonable Accommodation Under the ADA?

by PretiFlaherty on

Earlier this month, the Sixth Circuit Court of Appeals shared its perspective on this question and held that telecommuting was not a reasonable accommodation for an employee where her essential job duties required regular and...more

Employer Not Required by ADA to Permit Employee to Telecommute

by FordHarrison on

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

Common Sense Prevails: Working From Home Sometimes Will Not Work

by Foley & Lardner LLP on

Well, phew. We like when legal developments we believe raise troubling questions with problematic implications later develop into something seemingly more rational based on the intersection of law and logic. One such pleasant...more

Sixth Circuit Rejects EEOC's Demand for Telecommuting as ADA Accommodation

Last year, a panel of the Sixth Circuit Court of Appeals held 2-1 that the Americans with Disabilities Act required Ford Motor Company to allow a buyer with irritable bowel syndrome (IBS) to possibly telecommute up to four...more

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?...more

Employers Can Decide That Physical Presence at the Workplace is an Essential Function

On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a...more

En Banc Sixth Circuit Decision Holds that Telecommuting Was Not a Reasonable Accommodation Under the Americans with Disabilities...

Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee. The decision, EEOC v....more

Sixth Circuit Holds Telecommuting Not a Reasonable Accommodation Where Regular and Predictable On-Site Job Attendance is an...

by Franczek Radelet P.C. on

Courts have repeatedly recognized that “regular job attendance” is an essential function of most jobs that need not be altered in order to reasonably accommodate a disabled employee. This common sense notion, however, has...more

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