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
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death
As the summer draws to a close, schools are announcing their re-opening plans, which vary widely across states and localities. Some schools plan to remain open several days a week and direct students to attend remotely the...more
8/21/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Employee Benefits ,
Employee Rights ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Re-Opening Guidelines ,
Remote Learning ,
Remote Working ,
School Closures ,
Sick Leave ,
Students ,
Supporting Documentation
The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause...more
7/22/2020
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Family and Medical Leave Act (FMLA) ,
Information Requests ,
Intermittent Leave ,
Labor Regulations ,
Medical Certification Requests ,
Opinion Letter ,
Public Comment ,
Serious Health Conditions
As an increasing number of businesses begin to require face coverings in their facilities – whether as a result of a local legal mandate or in the interest of public safety – there has been a corresponding increase in the...more
As more businesses begin to reopen, businesses face many difficult questions about requiring employees and customers to wear protective face coverings? However, businesses should not forget that, despite the onset of COVID-19...more
6/1/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Public Accommodation ,
Reasonable Accommodation ,
State and Local Government ,
Workplace Safety
As the country begins to re-emerge amid the COVID-19 pandemic, whether and when any particular school will be ready to return for the upcoming school year and at what level will depend on the individual school, its location,...more
5/22/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Employer Responsibilities ,
Health and Safety ,
Personal Protective Equipment ,
Professors ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
School Districts ,
School Policies ,
Social Distancing ,
Students ,
Teachers ,
Tuition ,
Universities ,
Virus Testing ,
Workplace Safety
The U.S. Department of Labor issued a new rule yesterday to regulate the Families First Coronavirus Relief Act (FFCRA) and the paid leave programs that just became law on April 1, 2020. We’ve digested the 124-page document...more
4/3/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
New Rules ,
Paid Leave ,
Rate of Pay ,
Required Documentation ,
Shelter-In-Place ,
Sick Leave ,
Small Business ,
Wage and Hour
The Senate passed the Families First Coronavirus Response Act today, an economic stimulus plan aimed at addressing the impact of the COVID-19 outbreak on Americans and introducing paid sick leave and an expanded family and...more
3/18/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Medical Testing ,
New Legislation ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Tax Credits ,
Trump Administration ,
Unemployment Insurance ,
Wage and Hour ,
Workplace Safety
In an eye-opening opinion letter issued yesterday, the U.S. Department of Labor confirmed that parents attending certain school meetings for the benefit of their children are entitled to FMLA leave for their absences. The...more
8/9/2019
/ Child Care ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Opinion Letter ,
Public Employees ,
Public Employers ,
Public Schools ,
School Districts ,
Special Education ,
Special Needs Children
If the Department of Labor has anything to say about it, employers may soon get a bit of a reprieve when it comes to dealing with the administrative and compliance difficulties associated with the Family and Medical Leave...more
Just when private schools were becoming relatively knowledgeable about their obligation to allow a disabled student’s service animal on their premises, they started getting requests from employees to have their emotional...more
3/15/2019
/ Americans with Disabilities Act (ADA) ,
Colleges ,
Disability Discrimination ,
Employees ,
Policies and Procedures ,
Private Schools ,
Public Schools ,
Reasonable Accommodation ,
School Policies ,
Service Animals ,
Students ,
Universities
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
8/9/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Essential Functions ,
Job Descriptions ,
Job Duties ,
Over-Time ,
Reasonable Accommodation ,
Wage and Hour
Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more
7/5/2018
/ Americans with Disabilities Act (ADA) ,
Disability ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Interactive Process ,
Medical Leave ,
Over-Time ,
Reasonable Accommodation ,
Wage and Hour
Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more
11/8/2017
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Bright-Line Rule ,
De Facto Injury ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Leave of Absence ,
Medical Leave ,
Physicians ,
Reasonable Accommodation ,
Undue Hardship
In today’s technology-driven society, retailers are increasingly using the internet to provide information, goods, and services to the public. While having a website is almost a mandatory aspect of operating a retail...more
If your business is a place of public accommodation, you are probably already familiar with the rules from Title III of the Americans with Disabilities Act (ADA) that require you to make services and physical locations...more
According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of...more
The Family and Medical Leave Act (FMLA) entitles an employee with a serious health condition to 12 workweeks of job-protected leave during any 12-month period. The employee may sue if the employer interferes with the...more