Punctuality

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The Working Paper - June 2013: Court Rules That On-Time Arrival at Work May Not Be an Essential Function of an Employee’s Job

Most employers likely think that on-time arrival at work is an essential function of an employee’s job. However, a federal appeals court recently ruled that may not always be the case. In McMillan v. City of New York, 711...more

Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination

Employers beware – you cannot assume that on-time attendance is an essential function of every job, as the U.S. Court of Appeals for the Second Circuit recently ruled. In McMillian v. City of New York, the court held that the...more

Fenwick Employment Brief - March 2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

Timely Arrival At Work Not Always An Essential Job Function

In a case involving a schizophrenic employee whose medication caused him to feel drowsy and sluggish in the morning, the Second Circuit Court of Appeals has ruled that on-time arrival at work is not always an essential job...more

Is Being On Time an Essential Function of Job? Second Circuit Says Most Times But Not Always

Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival is an essential function of the position, and a plaintiff’s inability to arrive on time would result...more

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