The United States Department of Labor › Disability

The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and... more +

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News & Analysis as of May 19, 2013

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

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

by Susan Milner Parrott | Smith, Anderson, Blount, Dorsett, Mitchell &... on 3/27/2013

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

New Department of Labor Interpretation on FMLA Leave for Adult Children

by Baker, Donelson, Bearman, Caldwell &... on 2/6/2013

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

by Jodi M. Frankel | McNees Wallace & Nurick LLC on 2/1/2013

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

DOL Clarifies Definition of “Son or Daughter” Under FMLA

by Michael Shetterly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/25/2013

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

Legal Alert: Department Of Labor Issues New Guidance Clarifying FMLA Qualifying Leave

by R. Michelle Tatum | FordHarrison on 1/25/2013

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

The Department of Labor Provides Clarification as to When Employees Can Use FMLA Leave to Care for Adult Children

by Stacie L. Caraway | Miller & Martin PLLC on 1/22/2013

Regarding situation (1) above, the DOL states that although the 26 weeks of “injured service member care leave” can only be used once per service member for the same illness or injury, employees also would be eligible to use...more

U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE AS TO FMLA LEAVE TO CARE FOR AN ADULT CHILD

by John R. LaBar on 1/16/2013

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

Input Might Still Be Possible On Proposed "Companionship" Restrictions

by Edward Boehm | Fisher & Phillips LLP on 12/26/2012

Readers will recall our earlier posts relating to the U.S. Labor Department's proposed regulatory revisions that would significantly limit the application of the federal Fair Labor Standards Act's Section 13(a)(15) exemption...more

The EEOC's Aggressive Stance On Disability Discrimination Continues

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 12/21/2012

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

Employee Medical Information: Be Careful What You Ask For

by Glenn Israel | Bernstein Shur on 12/21/2012

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

Another Sign The Federal Government Wants Employers To Diversify Their Workforce: DOL Reveals Its Workplace Recruitment Database

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 12/10/2012

The Department of Labor's Office of Disability Employment Policy (ODEP) and the Department of Defense's Office of Diversity Management and Equal Opportunity have unveiled their 2013 Workforce Recruitment Program (WRP)...more

EEOC Obtains $5 Million Settlement in ADA Pattern and Practice Lawsuit

by Abizer Zanzi | Franczek Radelet P.C. on 11/14/2012

The Equal Employment Opportunity Commission reported in a press release that Interstate Distributor Company, a trucking firm, agreed to pay $4.85 million to settle a lawsuit alleging pattern and practice violations of the...more

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