Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more
What's in a name? Return to work was a return to employee's old role - In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more
When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...more
The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more
Identifying and navigating disability and leave-related issues can be difficult. Managing issues that involve the ADA, FMLA, company policies and workers’ compensation programs can be time-consuming and confusing. How well...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more
A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more
Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more
As a follow up to our recent article, Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities Act, the EEOC has scored an $8.6 million dollar...more
On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This...more
Sind Arbeitnehmer innerhalb eines Jahres länger als sechs Wochen ununterbrochen oder wiederholt arbeitsunfähig erkrankt, muss der Arbeitgeber nach § 84 Abs. 2 SGB IX klären, wie die Arbeitsunfähigkeit überwunden und wie der...more
In a recent case out of California, a state appellate court found that an employee’s inability to work for a particular supervisor due to boss-related stress and anxiety did not constitute a disability under state law. The...more
The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing...more
In This Issue: - Pregnancy Disability Leave in California: What Should Employers Be Expecting?: Last year, the Department of Fair Employment and Housing (“DFEH”) implemented new regulations interpreting the...more