News & Analysis as of

Inflexible Leave Policies and the EEOC

The last several years have seen the Equal Employment Opportunity Commission (“EEOC”) take an aggressive stance on inflexible leave policies. According to the EEOC, these policies – which subject employees to termination...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

Court Upholds Employer’s Inflexible Leave Policy

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a number of lawsuits against companies with inflexible leave policies, claiming the policies are discriminatory under the Americans with Disabilities Act...more

Fenwick Employment Brief - August 2014

Partial-Day Leave Deductions Lawful for Exempt Employees - A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more

Tenth Circuit Upholds Employer’s Inflexible Leave Policy

Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits. The EEOC has filed lawsuits...more

Extended Leave Not a Reasonable Accommodation under the Rehabilitation Act, 10th Circuit Holds

A recent appellate court ruling may affect the ability of the Equal Employment Opportunity Commission (EEOC) to challenge "inflexible" employer leave policies, policies that result in the termination of employees who are...more

Are Inflexible Leave Policies Lawful After All? One Court Leaves Employers Salivating

When it comes to leave as a reasonable accommodation after FMLA leave is exhausted, employers have been conditioned to simply believe: inflexible leave policies bad, flexible leave policies good. ...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

Quick Hits: Love in the Workplace, Public Employees, Pleading Standards, ADR, Novartis Settlement, EEOC Statistics

On this Valentine’s Day, while you’re out shopping for flowers and chocolate, here are a few nuggets of employment law that you might have missed lately: Since love is in the air today, Robin Shea continues the...more

Connecticut Mandates Paid Sick Leave and Bars Pre-Employment Credit Checks

With Democrats fully in control of both legislative houses and the governorship of a union-friendly state for the first time in more than a decade, two new laws have been enacted that place Connecticut at the leading edge of...more

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