News & Analysis as of

ADAAA Expanded Ability of Parents to Take FMLA Leave for Disabled Adult Son or Daughter

Human resource professionals occasionally receive requests from employees to take FMLA leave to care for an adult son or daughter with an alleged serious health condition. Some of the most frequent requests involve FMLA time...more

The EEOC Delivers its Expected New Guidance on Pregnancy Discrimination

Dust off your handbooks and rethink your employment policies – the EEOC has just announced some significant changes in how it is going to investigate and litigate pregnancy discrimination claims....more

Long Term Care Providers Take Note: The Top Five Employment Law Mistakes to Avoid

Americans love top ten lists. In that love-for-lists spirit, and in an effort to be informative, we list below the top five employment law mistakes that long term care employers need to avoid. 1. Implementing a...more

Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more

Managing Employee Medical Leave: How Much Leave Is Reasonable?

To date, there are few bright line rules to guide employers in determining how much leave is reasonable under the Americans with Disabilities Act (ADA). Further, employers sometimes mistakenly assume that if an employee has...more

Employer May Require Medical Reevaluation of Employee's Fitness For Duty Following FMLA Leave

Reevaluation Allowed as long as Job-Related and Consistent with Job Necessity - A California Court of Appeal recently held that the Los Angeles County District Attorney’s Office’s (DA) decision requiring an...more

Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a...more

Employer To Do List for the New Year

As the new year is getting under way, employers should consider placing these developing issues at the top of their to do list: Social Media Policies - Employers should consider reviewing and updating social...more

Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

Retail Industry Update, No. 4, December 2013: New Year's Resolutions: Five Areas Of Focus For 2014

The Affordable Care Act has dominated the headlines of employment newsletters (justifiably) for the last six months. It will continue to be an area of focus for all employers. But don’t lose sight of the fact that all the...more

Connecticut Automotive Retailers Association Seminar Summary

On October 29 and November 12, members of Pullman & Comley, LLC’s Labor, Employment Law and Employee Benefits Department presented an intensive seminar to the Connecticut Automotive Retailers Association. Significant...more

Dealership Update, No. 4, November 2013: The ADA And The FMLA: Look Both Ways At The Intersection

Employees who become injured, disabled, or ill may be entitled to leave under several federal laws including the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Complying with the...more

New York State’s Highest Court Confirms that a Request for Indefinite Leave May Constitute a Reasonable Accommodation Under the...

The New York Court of Appeals – New York’s highest court – is out with a new decision this week addressing our favorite statutory friend (foe?), the New York City Human Rights Law – this time in the context of a disability...more

What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

Medical Discrimination And The Law

Imagine that you have just found out that you have a serious illness; there are a number of thoughts running through your mind. One of them is “What about work?” ...more

Rhode Island Labor Law Changes Passed by Legislation

The Rhode Island Legislature finished a busy season on the labor law front, passing a number of new laws that await the Governor’s signature. Among the highlights...more

Employee Leaves of Absence and Other Accommodations Under the Law: What Every Nonprofit Needs to Know

In this presentation: - Overview of ADA & FMLA - Policy & Practical Pointers - Example Requests for Leave or Other Accommodations –Discussion of Select Issues Related to Such Requests -...more

FMLA Coverage Expanded: New Forms And Posters Required

The U.S. Department of Labor recently issued new regulations expanding coverage under the Family and Medical Leave Act for certain classes of employees....more

eTrends - DOL Provides Interpretation of Definition of "son or daughter" for FMLA Leave to Care for Disabled Adult Children

In its first Administrator's Interpretation of 2013, the Department of Labor ("DOL") issued guidance on the definition of a "son or daughter" age 18 or older who is incapable of self-care due to a disability. The Wage and...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

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

New Department of Labor Interpretation on FMLA Leave for Adult Children

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

DOL Issues Guidance On Definition Of "Son Or Daughter" Under FMLA

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

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

Employment Law: Don't Mess with Mama -The DOL Issues Guidance on FMLA for Adult Children

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

DOL Clarifies Definition of “Son or Daughter” Under FMLA

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

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