California Employment News: Pay Transparency Coming to California
California Employment News: Best Practices for Employers to Start The New Year
Chicago Mayor Lori Lightfoot on Policing Reform
Job Description Mistakes You Don’t Want to Make
HR Law 101 Ep.4: What You Need to Know About Creating Effective Job Descriptions
Day 14 of One Month to Better Compliance Through HR-Hiring a CCO-Developing the Job Profile
The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more
In Tufts Medical Center v. Dalexis et. al., the Massachusetts Appeals Court held that a hospital employer failed to engage in the interactive process, and discriminated against and constructively discharged a disabled nurse...more
Your job descriptions may be more important than you think, and what better time to review and update them than the start of the new year? In this blog, we discuss why job descriptions are important and the things to consider...more
There is no exhaustive list of potentially reasonable accommodations. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the particular employee’s limitations and...more
It’s official. The Marvel Cinematic Universe (MCU) has successfully expanded to television. While Marvel has had previous forays into this medium (including Agents of S.H.I.E.L.D. and various shows on Netflix), WandaVision...more
Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more
The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more
Under the Americans with Disabilities Act (“ADA”), an employee is entitled to a reasonable accommodation if the employee has a disability and is a “qualified individual,” meaning that the employee can perform the essential...more
A recent case from a federal court highlights the importance of accurate job descriptions. In Wiggins v. City of Montgomery, Plaintiff applied for a promotion to the position of Revenue Examiner on three occasions over an...more
Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more
Recently, the United States Eighth Circuit Court of Appeals reaffirmed that regular and reliable attendance is an essential function of most jobs under the Americans with Disabilities Act (“ADA”). Lipp v. Cargill Meat...more
Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more
A good job description can equip an employer with the best possible workforce available. Inaccuracies and oversights, however, can entangle your company in litigation for years. Bethany Salvatore and Bryant Andrews talk us...more
Just a few months ago, we wrote about a case where a federal district court denied summary judgment to an employer who had asserted that attendance at work was an essential job function. The Court held that although regular...more
What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of...more
There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an...more
Holding that full-time presence at the workplace is not always an essential job function, on July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment in favor of the employer in an Americans...more
Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate...more
Job descriptions are important for ensuring that employers and employees are on the same page as to job duties and expectations, but what should be included? This episode of HR Law 101: Understanding the HR Basics, featuring...more
Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court’s decision in favor of the employer in a lawsuit alleging violations of the...more
Q: I received an email from an employee stating that he is sick, but will be working from home. Should I allow my employee to work remotely while sick? What are the FLSA implications of allowing an employee to work from...more
As technology changes, courts have increasingly accepted disabled employees’ arguments that they can remotely perform the essential functions of their jobs. Therefore, telecommuting may be recognized as a form of required...more
Failure to accommodate claims under the Americans with Disabilities Act frequently stand or fall on a determination of the essential functions of the position at issue. Since the ADA requires an employer to provide a...more
Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more
On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period. As a result, when the employer refused to permit the...more