On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more
Hoping to “raise the bar” for the rest of the nation, Governor Hochul announced a first of its kind proposal that would allow qualifying workers in New York up to 40 hours of paid leave to attend prenatal appointments. While...more
On May 5, 2023, the U.S. District Court for the Northern District of Illinois granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims, holding that the company demonstrated that it would...more
Telefonische Krankschreibung und Videosprechstunde - Durch Entscheidung des gemeinsamen Bundesausschusses gilt seit dem 4. August 2022 erneut, dass sich Arbeitnehmer:innen bis zu sieben Tage telefonisch krankschreiben...more
One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more
Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more
In response to questions from employers and employees alike regarding when COVID-19 constitutes a disability for purposes of the nondiscrimination and reasonable accommodations provisions of the Americans with Disabilities...more
California law provides various leaves and accommodations to pregnant employees, and to employees who have recently had babies and are breastfeeding or expressing milk. The requirements of each law and interactions with other...more
For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed...more
In Rios v. Leprino Foods Co., No. 19-cv-03185-MEH, 2021 BL 341237 (D. Colo. Sept. 09, 2021), the United States District Court for the District of Colorado reminded employers of (1) the need to proceed with caution in...more
On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it...more
On February 5, 2021, the U.S. District Court for the District of Delaware granted summary judgment in Snyder v. E.I. DuPont de Nemours, Inc. and Company, No. 18-1266, holding that DuPont did not terminate the employment of...more
UPDATE: This Alert has been updated to include guidance on what businesses will be considered "essential" and exempt under Governor Cuomo's Executive Order mandating a 75 percent reduction in workforce. See the section below...more
What's in a name? Return to work was a return to employee's old role - In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more
When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...more
Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all. Managing employee attendance problems and preparing for...more
The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more
A recent decision issued by the Massachusetts Supreme Judicial Court offers up a good reminder that what employers may consider FMLA abuse may not in fact be FMLA abuse under the law. That's exactly the scenario that played...more
In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more
DFEH Family and Medical Leave and Pregnancy Leave Poster - As of April 1, 2019, California employers with 20 or more employees should make sure they have posted the Department of Fair Employment and Housing’s (“DFEH”) new...more
Identifying and navigating disability and leave-related issues can be difficult. Managing issues that involve the ADA, FMLA, company policies and workers’ compensation programs can be time-consuming and confusing. How well...more
Did you know that a Facebook profile can contain up to 40 pieces of personal information? Or that there are over 169 million Facebook users in the United States, with a workforce of only 129 million?...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more