News & Analysis as of

Reasonable Accommodation Remote Working

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

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

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Fisher Phillips

Dealership Update: Is it Time For a Trade-In of Your Employee Handbook?

Fisher Phillips on

Your employee handbook has something in common with the products you sell: neither lasts forever and both eventually will need an update. Think about when that new car rolled off the lot with that new car smell. It was...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

Parker Poe Adams & Bernstein LLP

Failure to Provide Employee With Private Office May Have Violated ADA Accommodation Requirements

Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

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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

Parker Poe Adams & Bernstein LLP

Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

ArentFox Schiff on

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Miles & Stockbridge P.C.

Highlights from the 2024 Hot Topics in Employment Law Seminar

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 22nd annual Hot Topics in Employment Law seminar April 11 to clients from throughout Maryland and beyond....more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Final Regulation on Pregnant Workers Fairness Act

Aids Implementation of Civil Rights Law Expanding Protections and Accommodations for Pregnant Workers - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a final rule to implement the...more

Bricker Graydon LLP

Working Coast to Coast: Why Employee Location Matters

Bricker Graydon LLP on

Remote work continues to be a hot topic as employers are wrestling with the decision to bring employees back to the office or when an employee requests remote work as an ADA accommodation. As more employees are looking for...more

Poyner Spruill LLP

Fourth Circuit Finds Remote Work Not a Reasonable Accommodation Under the ADA

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Since the onset of the COVID-19 pandemic, remote work has spread throughout new industries and has provided numerous benefits to employers, including saving rent, utilities, and other costs required to maintain a physical...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Bricker Graydon LLP

Is it Essential I Come Back to My Cubicle? Maybe.

Bricker Graydon LLP on

Seems like every other day we hear about some company calling employees back to the office. Some go better than others. I am not the first person to say this, but we’re entering and setting up camp in a new era of work....more

Kohrman Jackson & Krantz LLP

Current Considerations About COVID-19 in the Workplace

The COVID-19 Public Health Emergency officially ended on May 11, 2023, when the Department of Health and Human Services allowed the federal Public Health Emergency for COVID-19 to expire, but people are still getting...more

Parker Poe Adams & Bernstein LLP

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more

Parker Poe Adams & Bernstein LLP

In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more

Payne & Fears

Eyes on Sacramento

Payne & Fears on

Employers, it is time, once again, to update your existing handbooks and employment policies. California enacted several new laws that will affect your business beginning Jan. 1, 2024. On the flip side, in a win for...more

Parker Poe Adams & Bernstein LLP

How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more

Holland & Hart - Employers' Lawyers

Breastfeeding Accommodations in the Workplace

The ability to pump breast milk in the workplace is protected by the FLSA. In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the FLSA to include break time and...more

Ward and Smith, P.A.

Navigating the Latest Employment Law Developments: What Employers Need to Know

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Five Ward and Smith attorneys offered timely updates on religious accommodations, professional licensing, pregnancy laws, remote work, and independent contractor rules during the firm’s recent annual Employment Law Symposium....more

Ward and Smith, P.A.

Plaintiffs Attorneys on What Employers Should Know Today

Ward and Smith, P.A. on

In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective practices representing employees, and best practices...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Zoe Center for Pediatric & Adolescent Health for Disability Discrimination

Pediatric Health Services Provider Failed to Accommodate Employee and Fired Her Because of Her Medical Conditions, Federal Agency Charges - ATLANTA – Zoe Center for Pediatric & Adolescent Health, LLC, a provider of...more

Manatt, Phelps & Phillips, LLP

Employee’s ADA Suit Over Denial of Remote Work Ends at Seventh Circuit

Is remote work always a reasonable accommodation under the Americans with Disabilities Act (ADA)? According to the Seventh U.S. Circuit Court of Appeals in a case involving a hospital employee, the answer is no....more

DirectEmployers Association

OFCCP Week In Review: September 2023 #3

...A lower court correctly dismissed an Indiana hospital department head’s disability accommodation, discrimination, and related claims, the U.S. Seventh Circuit Court of Appeals (Chicago) ruled. The Court found that manager...more

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