News & Analysis as of

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

Employee Needs More Than Speculation to Support his Retaliation Claim

To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In...more

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...more

EEOC Roundup (January 2014)

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...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

Partying In The Store

The cost of bad behavior in the workplace can be significant and assorted. Bad behavior damages morale, results in a loss to a company’s profits, jeopardizes safety, and diminishes productivity. Use of drugs and alcohol – or...more

Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging...more

FMLA and ADA: The Brad and Angelina of Employment Law

An employee comes to your human resources department to request Family and Medical Leave Act (“FMLA”) leave for an upcoming surgery to address his longstanding back pain, which has caused him increasing difficulties at work....more

Yes! Regular, Reliable Attendance At Work IS Important Under The ADA After All!

No matter what position the EEOC might take, I'll always take the position that an employee's regular, reliable attendance is an essential function of the job. So, when an employee wants to arrive at work at any time,...more

Another Reminder That Inflexible Employment Policies and the ADA Don’t Play Well Together – Court Refuses to Dismiss EEOC Action...

One theme that resonates throughout court decisions and EEOC filings over the last few years is that application of inflexible employment policies to disabled employees often runs afoul of the Americans with Disabilities Act...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately  [Video]

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new...more

How ENDA Could Affect Your California Business

Employment discrimination law is an interesting point of intersection between state and federal authority. While many states have expanded the law within their own borders, it has been some time since the federal government...more

Employment Law - Nov 20, 2013

Third-Party Harassment Costs Employer $30,000 - Why it matters: Employers, take note: harassment in the workplace can be committed not just by supervisors and coworkers, but by third parties such as customers,...more

Healthcare Update, No. 4, November 2013: What's An "Individualized Analysis" – And Why Should I Care?

The Americans with Disabilities Act (ADA) poses ongoing compliance challenges and attracts significant attention from plaintiffs' lawyers and the Equal Employment Opportunity Commission (EEOC). The resulting litigation...more

New York City Employers Face Tougher Disability Accommodation Standards

In Romanello v. Intesa Sanpaolo, S.p.A., the New York Court of Appeals adopted the broad reading of an employer’s duty to accommodate a disabled employee under the New York City Human Rights Law (City HRL), as initially set...more

Settling a Lawsuit with an Employee or Former Employee? Don’t Forget the Tax Consequences

The IRS recently issued guidance that may be of particular interest to anyone with employees or former employees. In a Legal Advice issued by Field Attorneys (LAFA 20133501F), the IRS explained the tax treatment and reporting...more

Pace Solano to Pay $130,000 to Settle EEOC Disability Discrimination Lawsuit

Disability Service Provider Refused to Hire Applicant Because of Partial Hand Paralysis, Federal Agency Charged - VALLEJO, Calif. - Solano County disability services provider Pace Solano agreed to pay $130,000 and...more

OFCCP Publishes New Affirmative Action Requirements For Protected Veterans And Individuals With Disabilities - What Federal...

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced Final Rules that make changes to the regulations implementing the Vietnam Era Veterans’ Readjustment...more

IRS Reaffirms Advice on the Proper Employment Tax Treatment of Settlements

On August 30, 2013, the IRS reiterated its longstanding positions on the proper tax treatment of litigation settlements with current or former employees. In its Chief Counsel Advice (CCA) Memorandum 20133501F, the IRS...more

AMA’s Recognition of Obesity as a Disease May Trigger Increased Claims under Employment Practices Liability Coverage

In June, the American Medical Association (AMA) adopted a policy recognizing “obesity” as a “disease” requiring a range of medical intervention. With “obesity” now recognized as a “disease” by the AMA, obese employees may be...more

EEOC Sues Kmart for Disability Discrimination

Hyattsville Store Rejected Applicant Who Needed a Reasonable Accommodation For His Kidney Condition, Federal Agency Charges - BALTIMORE - Kmart Corporation, a leading national retailer, violated federal law by refusing...more

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