With COVID-19 vaccinations rolling out across the country, loosening restrictions on operations, increased demand, and other signs of recovery in the industry, hospitality employers are poised to expand their workforces. This...more
An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the...more
3/11/2021
/ Attendance ,
Corporate Counsel ,
Essential Functions ,
Essential Workers ,
Hiring & Firing ,
Leave of Absence ,
Leniency Guidelines ,
Policies and Procedures ,
Professional Disciplinary Actions ,
Reasonable Accommodation ,
Summary Judgment ,
Time-Off Policies ,
Wage and Hour
An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave. In situations where the leave is due to a qualifying reason for which the employer previously provided the employee...more
The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability.” Much of the change had to do with making it easier for an individual to establish that he or she has a disability...more
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation...more
On July 17, 2017 the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless...more
It’s a scenario that frustrates many employers. An employee with extensive intermittent FMLA absences, possibly including absences for different covered reasons, is also absent for many unspecified or unprotected reasons...more