News & Analysis as of

Reasonable Accommodation Workplace Injury

Ward and Smith, P.A.

Messy "Real Life" LARP: An Employer's Accident Response Deconstructed for In-House Counsel

Ward and Smith, P.A. on

During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more

Jackson Lewis P.C.

What Manufacturers Should Know About the ADA’s Exception for ‘Transitory and Minor’ Impairments

Jackson Lewis P.C. on

Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,”...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - August 9th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more

Jackson Lewis P.C.

Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA

Jackson Lewis P.C. on

For the manufacturing industry, managing employee injury and illness presents unique challenges. Manufacturing work often involves physically taxing or potentially dangerous activities. Use of heavy tools or machinery,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec Employers: The Rules for Injured Workers’ Temporary Assignment and Workplace Reintegration Have Changed

​​​​​​​On October 6, 2021, the Act to modernize the occupational health and safety regime took effect. As indicated in the act’s title, its purpose was to modernize Québec’s occupational health and safety regime with regard...more

Akerman LLP - HR Defense

A Reminder of Employer Obligations to Service Members

A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities....more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - May 11th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more

Roetzel & Andress

Ohio Supreme Court Reaffirms Employer’s Right to Raise Voluntary Abandonment

Roetzel & Andress on

In two separate rulings, the Supreme Court of Ohio reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. House Bill 81 (H.B. 81),...more

Weber Gallagher Simpson Stapleton Fires &...

Accommodations for Injured Workers After MMI: New Jersey Workers' Compensation Legislative Update

On June 2, 2021, and on June 25, 2021, we reported on Senate Bill 2998 (Companion bill to A2617) which sought to amend the Workers' Compensation Statute as it involved individuals who sustained work-related injuries and are...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

Burr & Forman

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

Burr & Forman on

On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

Ward and Smith, P.A.

In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues

Ward and Smith, P.A. on

Hammertime Security is a nationwide cybersecurity firm whose in-house counsel faces a slew of tricky legal problems: - Managers posting unprofessional content on social media - Employees publicly complaining about...more

Robinson+Cole Manufacturing Law Blog

Legal Pot = Manufacturing Storm Clouds (the Refrain)

A few months back, I posted some thoughts about recent efforts to legalize medical and recreational marijuana, with an emphasis on the potential issues such laws would have on manufacturers – particularly manufacturers in a...more

Jackson Lewis P.C.

The ADA, Occupational Injuries And Light Duty

Jackson Lewis P.C. on

It is not uncommon for employees who are on leave and receiving workers’ compensation benefits to be released to return to work with light duty restrictions. To account for these situations, some employers have designated...more

Littler

Littler Global Guide - Central America - Q1 2019

Littler on

On March 18, 2019, the Legislative Chamber amended the Law for the Promotion of the Social Equality of Women. This reform adds three new articles to the law, to strengthen the legal requirement for all employers to pay men...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Supreme Court Expands and Contracts Human Rights Act Coverage in Two Decisions on Disability Discrimination

The Minnesota Supreme Court recently issued two decisions affecting employers in the state. In one, the high court overruled a 30-year-old precedent that excluded disabilities covered by the Minnesota Workers’ Compensation...more

Littler

Littler Global Guide - Australia - Q3 2018

Littler on

Company Liable for Contract Worker’s Injuries - Precedential Decision by Judiciary or Regulatory Agency - On September 6, 2018, the NSW Supreme Court held that a company (Company A) that used a contracted labor hire...more

Constangy, Brooks, Smith & Prophete, LLP

Drug Testing Quiz!

What better way to start the Labor Day weekend than with a drug test? Er, I meant a quiz about drug testing. Assume that the following are all situations in which drug testing is not legally mandated by some federal law,...more

Foley & Lardner LLP

Managing the Interplay Between the ADA, FMLA and WC

Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Cranfill Sumner LLP

When Just Showing Up is Enough: A Plaintiff’s Reasonable Effort to Find Employment

Cranfill Sumner LLP on

Snyder v. Goodyear - The Snyder decision is guided by Russell v. Lowe’s, 108 N.C. App. 762 (1993), which provides methods to establish a plaintiff is incapable of earning the same wages he had earned before his injury. ...more

Proskauer - California Employment Law

“100% Healed From Injury” Policies May Violate the CA Fair Employment and Housing Act

The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury. As part of the settlement, the...more

Littler

2017 Labor & Employment Laws: New Year, New Government, New Challenges

Littler on

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

Benesch

@Work: Your HR and Employment Law Update - June 2016

Benesch on

With the Ohio Senate’s passage of House Bill 523 on May 25, 2016, Ohio is poised to become the nation’s 25th state to legalize medicinal marijuana. Although the proposed state law provides direction for employers, a new OSHA...more

CMCP - California Minority Counsel Program

A Tale Of Two Public Entities: What Employers Can Learn About The FEHA Accommodation Process

Finding the right accommodation for a disabled employee can be a difficult task under the Fair Employment and Housing Act (“FEHA”). An employer’s accommodation obligations are broad, and litigation can ensue when there is a...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide