Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast
The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures
Episode 138 -- Employee Relations and Engagement in the COVID-19 Pandemic Era
Day 19 of One Month to More Effective Continuous Improvement-Use of Social Media for Continuous Improvement
The following is Part 3 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday,...more
The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive...more
The Fourth Circuit has handed down a decision that provides helpful guidance to employers seeking to provide reasonable accommodations in compliance with the Americans with Disabilities Act (ADA)....more
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more
Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more
When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more
On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023). The...more
On April 25, 2023, the Office of Management and Budget (OMB) approved the revised Voluntary Self-Identification of Disability Form (CC-306) issued by the Office of Federal Contract Compliance Programs (OFCCP). Contractors...more
The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more
As we previously reported, OFCCP’s updated Voluntary Self-Identification of Disability Form (CC-305) was approved by the Office of Management and Budget (OMB) in April 2023. Form CC-305 was updated to include “the preferred...more
Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs' (OFCCP) revised Voluntary Self-Identification of Disability Form (CC-305). Federal contractors and...more
On April 25, 2023, the Office of Federal Contract Compliance Programs (OFCCP) issued an updated self-identification form for applicants and current employees to voluntarily self-identify as an individual with a disability. ...more
On April 25, 2023, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form prospective and current employees must use to voluntarily self-identify as an individual...more
As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters an...more
The first deadline for compliance with the Accessible Canada Act (ACA) and its regulations is only two and a half months away. By June 1, 2023, federally regulated employers that had 100 or more employees in 2021 must comply....more
This blog focuses on the EEOC’s Technical Guidance on Artificial Intelligence and the ADA and the issue of “Screen Out.” Specifically, what Automated Employment Decision Making Tool (AEDT) developers and employers use to...more
We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more
The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an...more
As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more
This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more
In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more