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Scope of Accommodations Required Under PWFA Narrowed in Louisiana and Mississippi

On the eve of the effective date of the Equal Employment Opportunity Commission’s (EEOC’s) final Pregnant Workers Fairness Act (PWFA) regulations (Final Rule), a federal court in Louisiana postponed the effective date of what...more

Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA

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

Texas Legislative Update: What Employers Should Know About The 87th Session

Over its regular and two special sessions, the Texas legislature has passed several bills that are or soon will be in effect and will impact employers’ workplace policies and procedures. Additional special legislative...more

Vaccinated Grandparents Can Visit Indoors With Grandchildren, But What Do The New CDC Guidelines Mean At Work?

This week, the Centers for Disease Control and Prevention (CDC) issued its first set of recommendations for fully vaccinated people. Significantly, the recommendations are interim only, and will continue to be updated and...more

Judge’s Decision Halts Dallas From Enforcing Paid Sick Leave Ordinance

Texas employers no longer must provide paid sick leave to their employees in Dallas following the decision of U.S. District Court Judge Sean D. Jordan. ESI/Employee Solutions LP et al. v. City of Dallas et al., No....more

Texas Paid Sick Leave Update: San Antonio, Dallas, Austin

The state of city-driven efforts to pass paid sick and safe leave laws in Texas remains in flux. Those monitoring the issue will know the cities of Austin, Dallas, and San Antonio have passed paid sick and safe leave laws,...more

Can You Be “Regarded As” Disabled Based On A Potential Future Disability?

This certainly sounds futuristic. (Pun intended.) Still, in a case just decided by the Eleventh Circuit Court of Appeals, EEOC v. STME, LLC, the EEOC espoused precisely this position. The EEOC sued STME for disability...more

Dallas Paid Sick Leave Ordinance Faces Legal Challenge

Today two plaintiffs represented by the Texas Public Policy Foundation filed a lawsuit challenging the Dallas paid sick and safe leave ordinance, which is scheduled to go into effect on August 1....more

San Antonio May Delay Paid Sick Leave Implementation To December 1; Dallas Remains On Track For August 1 And Issues Rules

They say everything is bigger in Texas and the controversy surrounding paid sick leave is no exception. With less than two weeks before the effective date of two paid sick leave laws in Texas, here is a quick scorecard on...more

Paid Sick Leave On Track In Dallas And San Antonio

As noted in our recent post, absent extraordinary legislative action or prompt legal challenge, by August 1, 2019, most employers with employees working at least 80 hours a year in Dallas or San Antonio should be prepared to...more

[Webinar] Employees vs. Independent Contractors: Argentina, Brazil, Canada, Chile, Mexico & U.S.A - June 25th, 11:00 am ET and...

In this webinar, attorneys will be focusing on understanding the distinction between contractors and employees. This will include the re-characterization of a contractor into an employee as well as from an employee into an...more

Texas Paid Sick Leave: Dallas And San Antonio Employers Should Be Prepared For Paid Sick Leave Laws By August 1 Absent Prompt...

Although there is no Texas state-wide law that requires paid sick leave in Texas, the cities of Austin, Dallas, and San Antonio have adopted paid sick and safe leave laws. Proposed legislation that would have blocked these...more

Dallas Joins The Fray – Will Paid Sick Leave Prevail In Texas?

Over the next several months, the fate of local paid sick leave laws may well be decided by the Texas legislature. But while lawmakers continue to debate whether Texas cities should be prohibited from establishing their own...more

FMLA Leave For Chronic Health Conditions Requires Proof Of Periodic Doctor’s Visits

When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized. The Pennsylvania federal court’s recent decision in Watkins v. Blind and...more

ADA Compliance Challenges: Navigating The Over-Accommodation Conundrum

Make no mistake about it: ADA compliance can be challenging. This is especially true when it comes to providing reasonable accommodation. Not uncommonly, managers wanting to do the right thing actually provide more than the...more

When Is Reassignment To An Intermittent Position Required As An ADA Accommodation?

The Americans with Disabilities Act (“ADA”) generally requires employers to provide reasonable accommodation to disabled employees so that they can perform the essential duties of their jobs. This is not news. But what if no...more

What Should I Tell Employees On Leave About Their FMLA Usage? Everything!

When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot. A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik...more

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in...more

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