In a popular television show, a parent is panicking because he can’t find his 17-year-old daughter. His best friend looks at him and says, “Well just check the chip, didn’t you chip her? Our dog got chipped before we even...more
In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more
On April 15, 2024, the US Equal Employment Opportunity Commission (EEOC) issued a press release indicating that its Pregnant Workers Fairness Act regulations would be published in the Code of Federal Regulations on April 19,...more
As everyone knows, the sequel is almost always messier than the original. The Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated...more
9/7/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Q: We recently had several employees apply for FMLA. Two of them are at least 100 hours short of the minimum 1,250-hour requirement but for different reasons. In an attempt to accommodate the first employee’s health issues,...more
3/3/2022
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
State Labor Laws ,
Wage and Hour
Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more
On October 13, 2021, the Equal Employment Opportunity Commission (EEOC) issued several updates to its Q&A relating to COVID-19 and vaccinations - What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
During his campaign, President Biden indicated consistently that he would work rapidly to provide additional Coronavirus protections and he delivered on that promise in two Executive Orders signed on his first and second days...more
Q: We have an Iowa Code 730.5 compliant drug testing program. However, we have an applicant who, due to a health condition, cannot provide a urine sample for drug testing. Can we just disqualify him? ...more
During a pandemic data privacy concerns may appear to take a back seat. However, while the Office of Civil Rights has expanded electronic platforms which may be used for HIPAA-related purposes and the EEOC now lets you take...more
Q: Has the EEOC issued any guidance during the pandemic?
A: The EEOC has updated its prior pandemic guidelines as of March 19, 2020, to take into account COVID-19 guidance from the CDC....more
Q: The CDC has recommended that we take the temperature of residents and visitors to our long-term care facility. We are fine to do that but what do we do with that information?...more
3/19/2020
/ Americans with Disabilities Act (ADA) ,
Assisted Living Facilities (ALFs) ,
Biometric Information ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Response ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Infectious Diseases ,
Long Term Care Facilities ,
Policies and Procedures
Q: Given that there is coronavirus in several places in the United States, can I take the temperature of every employee when they walk in the door?
A: The answer to this question is industry-specific. The EEOC issued...more
The news is full of both images and stories about coronavirus/COVID-19 and the toll it’s taking in China. With increased activity in the United States and travel restrictions, as well as some U.S. citizens being quarantined,...more
2/24/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Premises Liability ,
Traveling Employee ,
Whistleblowers ,
Workers' Compensation Claim ,
Workplace Hazards
Q: What can I ask about in a pre-employment physical?
A: The ADA requires that any substantive health inquiry happen post contingent offer. You are limited to items that are relevant to job performance....more
Q: In a world where you can get measles at Disney World, can I ask my employees if they have been vaccinated?
A: This inquiry is generally part of a pre-employment physical for certain occupations or industries, such as...more
There is debate among employers as to whether or not being morbidly obese is considered an ADA-covered disability. Do you have to accommodate limitations that may be caused by obesity by treating it as a disability?...more
I am really tired of employees who quit and give the requested notice but aren’t here because they take PTO. Then everyone has to scramble. Can I deny PTO?...more
How many times have you heard employment counsel say, “update your job descriptions?” Enough that you dream of updates? Enough that one of my clients commented, “I feel like that’s tattooed on my brain.” ...more
It seems unlikely that anyone who could pass a drug test would disagree that Iowa’s drug testing statute is complicated and difficult to administer. Iowa Code § 730.5, which relates to private sector drug and alcohol testing,...more
The world can be a scary place. There are risks that you can control, like whether or not you take up bungee jumping or alligator wrestling, and risks you can’t control, such as whether or not someone runs a red light or if...more
On Monday, July 14, the EEOC issued guidance relating to its current interpretation of the Pregnancy Discrimination Act and the Act’s interaction with the ADA and other laws. ...more
When the Office of Federal Contract Compliance Programs (OFCCP) announced its rules on the hiring of veterans and those with disabilities this generated significant discussion on preferential hiring programs as well as the...more
On January 14, 2013 the DOL issued guidance on FMLA leave for adult children. Pursuant to the Family and Medical Leave Act, parents of an adult child have been previously able to take FMLA for a child who is incapable of...more