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Workplace Injury Americans with Disabilities Act (ADA)

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Jackson Lewis P.C.

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

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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

Carlton Fields

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

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Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

Seyfarth Shaw LLP

Hospital’s Most-Qualified Applicant Policy Hangs in the Balance in Wake of EEOC Appeal of ADA Mandatory Reassignment Claim, Fifth...

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Adriana Cook worked as a patient care technician (PCT) at Methodist Hospital in Dallas. In 2012, Cook injured her back on the job while turning a patient. Following her injury, Cook was unable to return to her PCT position...more

Jackson Lewis P.C.

Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA

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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

Foster Swift Collins & Smith

[Hybrid Event] What Employers Need to Prepare for in 2023 - October 12th, 9:00 am - 11:30 am ET

There is a lot that employers need to prepare and plan for in 2023. Join us at our Fall 2022 Labor & Employment Law Update which will discuss major issues and developments that your company needs to address now...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

Bricker Graydon LLP

[Ongoing Program] Navigating the FMLA, the ADA and Workers' Compensation - November 9th, 12:00 pm - 1:00 pm EST

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Webinar Series: Hot Topics in Employment - Bricker & Eckler’s annual “Hot Topics” seminar is remaining virtual this year! This series provides human resources professionals and in-house attorneys with insight into ongoing...more

Morgan Lewis

NJ Workers’ Comp Law Requires Employers to Give Hiring Preference To Previously Injured Employees

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New Jersey Governor Phil Murphy signed into law Bill A-2617/S-2998, an amendment to the New Jersey Workers’ Compensation Law that will require employers to provide a “hiring preference” to any employee who has reached maximum...more

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

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Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...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

U.S. Equal Employment Opportunity Commission...

Aspire Health Partners to Pay $115,000 to Settle EEOC Disability Discrimination Lawsuit

Behavioral Health Care Organization Failed to Hire Former Employee Due to Her Prior Workplace Injury, Federal Agency Charged - TAMPA, Fla. – Aspire Health Partners, a non-profit behavioral health care organization...more

U.S. Equal Employment Opportunity Commission...

Aspire Health Partners Sued by EEOC for Disability Discrimination

Behavioral Health Care Organization Refused to Hire Former Employee Due to Her Prior Workplace Injury, Federal Agency Charges - TAMPA, Fla. – Aspire Health Partners, a non-profit behavioral healthcare organization...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

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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

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

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Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more

Jackson Lewis P.C.

The ADA, Occupational Injuries And Light Duty

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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

U.S. Equal Employment Opportunity Commission...

Universal Diversified to Pay $30,000 to Settle EEOC Disability Discrimination Lawsuit

Sheet Metal Company Fired Employee After He Lost One Eye, Federal Agency Charged - MIAMI - Universal Diversified Enterprises, Inc. and Universal Diversified Solutions LLC, Miami-based sheet metal fabrication and...more

Littler

Joint Employment, Wage and Hour Changes are on the Regulatory Horizon

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Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....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

Polsinelli

Alphabet Soup: ADA, FMLA, WC, OSHA, GINA --What Laws Apply to a Workplace Injury?

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Employers face a host of compliance challenges under state and federal law when an employee suffers a workplace injury. As we recently reported, employers must consider the legal implications of the Family and Medical Leave...more

Seyfarth Shaw LLP

Breakfast Briefing: Year In Review and Crystal Ball Predictions for 2018

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Seyfarth Synopsis: Last week, members of the Chicago L&E Team hosted the Fourth Quarter Breakfast Briefing to a packed room. This Briefing looked at four key governmental agencies/trends (OSHA, OFCCP and equal pay, EEOC, and...more

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