The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more
10/9/2023
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Certiorari ,
Chevron Deference ,
Civil Rights Act ,
Corporate Counsel ,
Disability Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Hiring ,
Reasonable Accommodation ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Title VII ,
Whistleblower Protection Policies ,
Whistleblowers
Almost two years into the pandemic, federal workplace discrimination officials issued guidance on when an individual who contracted COVID-19 might have a disability under disability law. The overall tenor of the guidance from...more
Title III of the Americans with Disabilities Act, requiring equal access to places of public accommodation, has often been abused by plaintiffs and attorneys looking to turn any conceived minor violation of building standards...more
The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more
1/8/2020
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Hiring & Firing ,
Job Descriptions ,
Job Duties ,
Popular ,
Reasonable Accommodation
Most retailers have by now faced a Title III lawsuit under the Americans with Disabilities Act (ADA) contending that a store is not accessible to disabled individuals. There remains a plethora of attorneys who make a living...more
Since the early 2000s, the buzzing gnats of employment litigation involving retailers have been individual Fair Labor Standards Act (FLSA) lawsuits. Whether brought for unpaid overtime, working through lunches, or working off...more
The cost of bad behavior in the workplace can be significant and assorted. Bad behavior damages morale, results in a loss to a company’s profits, jeopardizes safety, and diminishes productivity. Use of drugs and alcohol – or...more
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
12/11/2013
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Compliance ,
Criminal Background Checks ,
Disability ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Healthcare ,
Malicious Prosecution ,
Paid Leave ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Retailers