Job Description Mistakes You Don’t Want to Make
HR Law 101 Ep.4: What You Need to Know About Creating Effective Job Descriptions
During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more
Seems like every other day we hear about some company calling employees back to the office. Some go better than others. I am not the first person to say this, but we’re entering and setting up camp in a new era of work....more
Federal laws, such as the Americans with Disabilities Act (“ADA”), Rehabilitation Act, and Pregnant Workers Fairness Act (“PWFA”), and similar state laws require certain employers to provide reasonable accommodations for...more
Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more
Employers in Indiana, Illinois and Wisconsin must now accommodate an employee’s work-schedule “if an employee's disability substantially interferes with his ability to travel to and from work … if commuting to work is a...more
That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more
Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more
On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more
The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more
During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has published guidance addressing various issues related to employment law and COVID-19. On September 8, 2020, the EEOC posted updates, which...more
The COVID pandemic has created unprecedented change in our lives and the workplace is no exception. Employers have had to scramble to meet accommodation requests in an unsure and novel environment. One of my favorite...more
To curb the rapid spread of COVID-19, over half of U.S. states and numerous local governments have adopted shelter-in-place orders, most of which require residents to remain at home, except to provide or receive essential...more
Seyfarth Synopsis: On March 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be...more
Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-21, requiring nonessential businesses and organizations to close their physical workspaces and facilities to customers, most workers, and the public beginning...more
In response to the COVID-19 pandemic, New Jersey Governor Phil Murphy issued a pair of executive orders on Saturday, March 21. The first order, Executive Order No. 107, requires all businesses and nonprofits in the state to...more
Governor Cuomo’s latest density-mitigation Executive Order has been made publically available. In addition to the mandate that all employees of non-essential businesses stay home effective tonight at 8:00 p.m., the Order...more
As the U.S. COVID-19 outbreak continues, many employers are increasingly thinking about what steps they might need or want to take to manage the impact in their workplace, including utilizing temporary telework arrangements....more
A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more
I get this call pretty frequently. A client wants know whether it should accommodate an employee by allowing the employee to telecommute or work remotely. The answer, in typical attorney fashion, is "it depends." And it does....more
In his classic 1998 business book “Who Moved my Cheese?,” Spencer Johnson discussed the need for businesses and employees to focus on the need to adapt to changes in their industries. In our practice, we frequently see claims...more
Over the past several years, our practice has seen a marked increase in the number of employee accommodation requests that involve remote work. As communications technologies have improved, these employees regularly contend...more
Q: Can I require an employee to do work while the employee is on FMLA leave? What if the employee volunteers to work while on leave? A: Under most circumstances, employees should not be required or permitted to perform...more
Q: I received an email from an employee stating that he is sick, but will be working from home. Should I allow my employee to work remotely while sick? What are the FLSA implications of allowing an employee to work from...more
As technology changes, courts have increasingly accepted disabled employees’ arguments that they can remotely perform the essential functions of their jobs. Therefore, telecommuting may be recognized as a form of required...more
Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more