One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more
12/15/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Corporate Counsel ,
Disability Discrimination ,
Documentation ,
Failure to Accommodate ,
Family and Medical Leave Act (FMLA) ,
Interactive Process ,
Medical Leave ,
Rehabilitation Act ,
Remote Working ,
Termination
The U.S. House of Representatives has passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate for...more
11/30/2021
/ Affordable Care Act ,
Child Care ,
Clean Energy ,
Employee Contributions ,
Energy Storage ,
Family and Medical Leave Act (FMLA) ,
Individual Retirement Account (IRA) ,
Joe Biden ,
NLRA ,
OSHA ,
Popular ,
Proposed Legislation ,
Retirement Plan ,
Roth IRA ,
Solar Energy ,
Tax Credits
The Department of Labor (DOL) has promulgated temporary regulations to implement provisions of the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) which were enacted as...more
An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave. In situations where the leave is due to a qualifying reason for which the employer previously provided the employee...more
As employers struggle with managing how much, if any, leave is required as an accommodation under the ADA, we are beginning to get more direction from the Courts to guide those decisions. In Easter v. Arkansas Children’s...more
Employees who take leave to care for a family member often have the ability to continue working during their leave if the caretaking obligations do not consume all of their time. If the employee asks to work limited hours...more
Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such...more
It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the law requires the employer to take action...more
It’s a scenario that frustrates many employers. An employee with extensive intermittent FMLA absences, possibly including absences for different covered reasons, is also absent for many unspecified or unprotected reasons...more
A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...more
We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice? On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt....more