News & Analysis as of

Americans with Disabilities Act (ADA) Preliminary Injunctions

Smith Debnam Narron Drake Saintsing & Myers,...

Balancing Bumps and Business: What Employers Need to Know About the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA), which became effective on June 27, 2023, requires covered employers to provide a reasonable accommodation for a qualified employee’s limitations surrounding pregnancy and childbirth...more

Rivkin Radler LLP

The Employment Law Reporter - September 29 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more

Tucker Arensberg, P.C.

Federal Court Holds that School District’s Denial of Student’s Request to Attend School with a Dog Violated the Rehabilitation Act...

Tucker Arensberg, P.C. on

C.G. by and through P.G. v. Saucon Valley Sch. Dist., 5:21-CV-03956, 2021 WL 5399920, at *1 (E.D. Pa. Nov. 18, 2021). The District Court for the Eastern District of Pennsylvania grants student’s request for preliminary...more

Foley & Lardner LLP

Religious Accommodation Challenges to COVID-19 Vaccination Policies — Lessons for Employers from Preliminary Court Decisions

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Whether to protect the health and safety of their workplaces, to comply with governmental requirements when applicable, or a combination of the two, many employers have adopted mandatory COVID-19 vaccination policies. Faced...more

Littler

Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

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While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more

Bricker Graydon LLP

Mask on, mask off: Eighth Circuit Court of Appeals determines mask requirement can be a reasonable accommodation for students

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A dizzying number of laws, executive orders and regulations regarding masks in schools have found their way to our nation’s courts. Some states are requiring students to mask up in schools (e.g., California and New York),...more

Fox Rothschild LLP

Could Masks Be Required In Schools Under Section 504? One Federal Judge Says The Answer May Be Yes.

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Throughout the country, the debate over requiring masks in schools often focuses on whether districts or states have the power to impose such mandates. But a case from Tennessee suggests that the more important question is...more

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

Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them...more

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

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

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Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

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

Beltway Buzz - September, 2017 #2

Congress returned this week from its August recess to begin a legislative period of 11 straight weeks in which the U.S. Senate, U.S. House of Representatives, or both chambers will be in session—all the way up to the...more

Proskauer - Employee Benefits & Executive...

Court Throws Monkey Wrench Into Wellness Programs

The U.S. District Court for the District of Columbia has ordered the EEOC to reconsider its final regulations on the extent to which an employer may offer incentives to participate in a wellness program without violating the...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2017

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Editor’s Overview - In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more

Proskauer - Employee Benefits & Executive...

UPDATE: District Court Denies Preliminary Injunction in AARP Suit to Block Final Rules on Employee Wellness Programs

The U.S. District Court for the District of Columbia (Judge Bates) has denied AARP’s request to block the implementation of the EEOC’s final wellness regulations pending a decision on the merits. As we have discussed...more

Holland & Knight LLP

Food and Beverage Law Update: December 2016

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Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - November 2016

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This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more

Seyfarth Shaw LLP

OSHA Proposed Citations Covered by Texas Judge’s Grant of Preliminary Injunction to Government Contractors Challenging...

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Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of...more

Manatt, Phelps & Phillips, LLP

Employment Law - January 2016 #2

EU Permits Employers to Monitor Private Employee Communications - Why it matters - In a favorable ruling for employers, the European Union's (EU) highest court concluded that an employee's right to privacy was not...more

Dorsey & Whitney LLP

Quirky Question #247, An Update on Wellness Programs

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Question: Our company has been considering implementing financial incentives for employees to participate in biometric screening as part of an employee wellness program. Are there legal issues we should be...more

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