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Employer Liability Issues Disability Leave

Mintz - Employment Viewpoints

Governor Hochul Floats Groundbreaking Pregnancy and Disability Leave Protections for New York Employees

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

Proskauer - Whistleblower Defense

Illinois Federal Court Grants Employer Summary Judgment on Several Types of Whistleblower Retaliation Claims

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

Dentons

Discipline Notes as a Lawsuit Defense

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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

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on

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

Miller & Martin PLLC

COVID-19 as a Disability Under the ADA: Considerations for Employers as the Pandemic Continues

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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

Bradley Arant Boult Cummings LLP

What More Can We Ask About COVID-19? EEOC Chimes In on If It Is a Disability Under the ADA

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

Sherman & Howard L.L.C.

Comment of Concern for a Pregnant Woman’s Health was Sufficient to Force Trial on Discrimination Claim

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

Jackson Lewis P.C.

2,000 COVID-19-Related Employment Lawsuits Filed In The U.S.: An Analysis Of The Data And Trends

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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

Fisher Phillips

4-Point Plan To Avoid Costly Workplace Mistakes

Fisher Phillips on

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

FordHarrison

Waiting On Dorian: HR Tips for Dealing With Employees Who Can’t Seem to Show Up On Time, or at All

FordHarrison on

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

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on

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

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

Untangling Complex Leave Issues – Part II

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

Greenberg Glusker LLP

Do Your Workplace Posters and Employment Law Pamphlets Need a Spring Cleaning?

Greenberg Glusker LLP on

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

BakerHostetler

[Event] Navigating the "Big Three" Leave Laws: Best Practices for Resolving Leave Issues Under the ADA, FMLA and Workers'...

BakerHostetler on

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

Bricker Graydon LLP

Using social media to detect workers’ compensation fraud

Bricker Graydon LLP on

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

Snell & Wilmer

100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

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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

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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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

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Fisher Phillips on

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

Benesch

Severson Stands: Long-Term Leaves of Absence are No Longer Reasonable Accommodations Under the ADA

Benesch on

Management-side attorneys and their clients can breathe a sigh of relief after the Supreme Court declined to take up a challenge to the Seventh Circuit’s ruling in Severson v. Heartland Woodcraft, Inc. 872 F.3d 476 (7th Cir....more

K&L Gates LLP

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

K&L Gates LLP on

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more

Fisher Phillips

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

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A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Manatt, Phelps & Phillips, LLP

Employment Law - May 2016

California Increases Amount Paid for Family, Disability Leave - Why it matters - In the latest changes to California employment law, Governor Jerry Brown signed an amendment increasing the payment to employees for...more

McDermott Will & Emery

Betriebliches Eingliederungsmanagement (BEM) vor krankheitsbedingter Kündigung

McDermott Will & Emery on

Sind Arbeitnehmer innerhalb eines Jahres länger als sechs Wochen ununterbrochen oder wiederholt arbeitsunfähig erkrankt, muss der Arbeitgeber nach § 84 Abs. 2 SGB IX klären, wie die Arbeitsunfähigkeit überwunden und wie der...more

Parker Poe Adams & Bernstein LLP

Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more

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