News & Analysis as of

Disability Wage and Hour

White and Williams LLP

NJ and PA Workers' Compensation Benefits for 2025

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Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates...more

Bricker Graydon LLP

The Department of Labor is Looking to End Subminimum Wages for Individuals with Disabilities.

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On December 3, 2024, the Department of Labor (DOL) introduced a Final Rule to end an employer’s ability to pay individuals with disabilities subminimum wages under federal law....more

Bond Schoeneck & King PLLC

The U.S. Department of Labor’s Wage and Hour Division Proposes Rule to Phase Out Subminimum Wage Certificates Under the Fair Labor...

On Dec. 3, 2024, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Notice of Proposed Rulemaking to phase out the issuance of Fair Labor Standards Act (FLSA) Section 14(c) certificates that allow...more

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

Beltway Buzz - December 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Parker Poe Adams & Bernstein LLP

DOL Proposes Eliminating Special Minimum Wage for Disabled Workers

On Monday, the federal Department of Labor announced a proposed rule that eliminates a special subminimum wage for certain employees with disabilities under the Fair Labor Standards Act....more

Cozen O'Connor

Fall 2024 Employer Check-up: Reduce Risk When Using AI Vendors’ Hiring Tools

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Last month, the U.S. Department of Labor (DOL) announced a new initiative, the “AI & Inclusive Hiring Framework,” funded by the DOL’s Office of Disability Employment Policy (ODEP). This framework is a voluntary resource to...more

Holland & Knight LLP

Main Commitments and Initiatives on Labor Matters of the New Mexican Government

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During her inauguration as president of Mexico on Oct. 1, 2024, Claudia Sheinbaum presented the key commitments of her government plan for the next six years. Her agenda includes several labor-related proposals, as well as...more

Morgan Lewis

Observance of Rights of Persons with Disabilities by Legal Entities in Accordance with the Laws of the Republic of Kazakhstan

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The work on creating equal opportunities for persons with disabilities is underway at the legislative level in Kazakhstan, including the development of the draft law On Amending Certain Legislative Acts of the Republic of...more

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

German Employment Law Changes for 2024

In Germany, every new year brings with it changes and updates in employment law. We have summarized below which new regulations may want to prepare for in the course of 2024....more

Marshall Dennehey

To Qualify as Compensable Under the Heart-Lung Statute, the Claimant Must Show “Disability”

Marshall Dennehey on

Robert Friesen v. State of Florida Highway Patrol/Division of Risk Management, NO .1D21-1353 On appeal from Judge Massey, Decision date: Jun. 21, 2023 - The claimant, a law-enforcement officer, was hired in 2004 after...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Constangy, Brooks, Smith & Prophete, LLP

Employment law and Aesop

Morals based on a real court decision. My law partner Jon Yarbrough alerted me to a recent court decision that is full of little gems for employers. I thought I'd break the decision down into "true fables," each with a...more

Hogan Lovells

Se elimina la obligación de las personas trabajadoras de entregar el parte de baja médica a su empleador

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A partir del próximo 1 de abril de 2023, las personas trabajadoras en situación de incapacidad temporal dentro de los primeros 365 días de duración no tendrán la obligación de entregar en su empresa el parte de baja médica...more

Bricker Graydon LLP

Salary Continuation or Temporary Total Compensation, which should I choose?

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​​​​​​​An employee is injured on the job and cannot immediately return to work. Whether to offer salary continuation or permit temporary total disability compensation to be paid under the workers’ compensation claim is a...more

Constangy, Brooks, Smith & Prophete, LLP

Fit for duty? Be careful what you ask for.

At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more

Constangy, Brooks, Smith & Prophete, LLP

Employee fired for sleepwalking into co-worker’s room has no disability discrimination claim

Even if “somnambulism” is a disability, an employee who sleepwalks uninvited into the hotel room of her co-worker has no protection, according to a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit....more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

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Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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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

Akerman LLP - HR Defense

Family Medical Leave Compliance — A New Year’s Resolution You Should Keep

Given the rapidly spreading omicron variant, employers with as few as five employees are well advised to refresh themselves on their obligations under the Family Medical Leave Act (“FMLA”) and its California counterpart, the...more

Fox Rothschild LLP

New California Wage & Hour Laws for 2022

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The close of the 2021 California legislative session brings forth a series of new wage and hour laws that impact employers and take effect on January 1, 2022. Assembly Bill (AB) 286 addresses food delivery, including...more

Epstein Becker & Green

Hawaii Repeals “Disability Subminimum Wage”

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On June 16, 2021, Hawaii enacted Senate Bill 793 (the “Act”), which repeals an exemption to the minimum wage for disabled employees, often referred to as “the disability subminimum wage.” The Act took effect immediately and...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor – June 2021: Citing Plan Ambiguity, Tenth Circuit Rules Becoming Disabled After Receiving Notice of...

In Carlile v. Reliance Standard Life Ins. Co., 988 F.3d 1217 (10th Cir. 2021), the Tenth Circuit found the term "active" full-time employee ambiguous and awarded disability benefits to an employee who became disabled after...more

Jackson Lewis P.C.

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

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Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more

Jackson Lewis P.C.

Updated Guidance From California’s DFEH At The One Year Mark Of The Pandemic

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California’s Department of Fair Employment and Housing (DFEH), the agency charged with administering California’s employment discrimination statute and regulations, has updated its COVID-19 guidance for employers. The updates...more

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

The Top 10 Labor and Employment Issues Keeping Retailers Up at Night in 2021

Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more

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