News & Analysis as of

Americans with Disabilities Act (ADA) Employer Liability Issues Family and Medical Leave Act (FMLA)

Freeman Law

The FMLA – A Detailed Review of the Family and Medical Leave Act

Freeman Law on

The FMLA and the employment rights and circumstances it seeks to protect are many times complicated and delicate to address in real-time. Employees and employers alike can find themselves frustrated with understanding the...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Chambliss, Bahner & Stophel, P.C.

[Event] Labor and Employment Seminar - March 13th, Chattanooga, TN

Join us for an engaging and informative labor-and-employment seminar designed to keep you abreast of the ever-evolving legal and regulatory landscape! This complimentary event is tailored for executives, management, and HR...more

Ruder Ware

What to Expect When Your Employee is Expecting Under the Pregnant Workers Fairness Act

Ruder Ware on

For many years, employers have been operating within the confines of the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Wisconsin Fair Employment Act (“WFEA”) when a pregnant employee...more

Constangy, Brooks, Smith & Prophete, LLP

3 things that will make an employer's case go down to defeat

Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more

Spilman Thomas & Battle, PLLC

Top Five: The Biggest Labor & Employment Developments from 2024

As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more

FordHarrison

The U.S. Mental Health Crisis – Neurodivergent Employees

FordHarrison on

This article is a continuation of a series of Alerts providing guidance for employers on handling mental health issues in the workplace and specifically addresses issues that relate to neurodiversity and employees who...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Constangy, Brooks, Smith & Prophete, LLP

Managing Employee Leave Under the FMLA and ADA

Managing employee leave rights under the Family and Medical Leave Act and the Americans with Disabilities Act often leads to confusion and is fraught with legal pitfalls. Join Constangy attorneys Elysia Analo and Sarah Phaff...more

Littler

Littler Lightbulb: September Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Tucker Arensberg, P.C.

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

Tucker Arensberg, P.C. on

When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more

Lathrop GPM

[Event] Employment & Labor Law Seminar - Minneapolis Area - October 23rd, Brooklyn Park, MN

Lathrop GPM on

Join us for Lathrop GPM’s annual Employment and Labor Law Seminar, once again offered in two locations – Kansas City on Tuesday, October 1 and Minneapolis on Wednesday, October 23. The full-day seminar will address current...more

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

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Kilpatrick

4 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

Kilpatrick on

Kilpatrick’s Brodie Erwin and Sarah Spangenburg recently presented an “Employment Law Update: What You Need to Know Now and Next” at the firm’s annual In-House Counsel Summit in Raleigh. Mr. Erwin and Ms. Spangenburg explored...more

Lathrop GPM

[Event] Employment & Labor Law Seminar - Kansas City Area - October 1st, Overland Park, KS

Lathrop GPM on

Join us for Lathrop GPM’s annual Employment and Labor Law Seminar, once again offered in two locations – Kansas City on Tuesday, October 1 and Minneapolis on Wednesday, October 23. The full-day seminar will address current...more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

FordHarrison on

Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Harris Beach Murtha PLLC

[Webinar] 2024 Labor and Employment Series: Workplace Leave Laws - June 27th, 8:00 am - 9:45 am EST

The Labor and Employment Team at Harris Beach invites you to join us for discussion of critical labor and employment law developments at our annual webinar series....more

Holland & Hart - Employers' Lawyers

The Pregnant Workers Fairness Act aka the EEOC’s New Baby

The Pregnant Workers Fairness Act (PWFA), the newest member of the family of federal anti-discrimination laws, is almost one year old! Instead of inviting employers over for cake and photo ops, after one year of accepting...more

Goldberg Segalla

[Webinar] Employment Law in the Post-COVID World: A Refresher and Update - March 26th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

As businesses are implementing return-to-work policies and administrative agencies are adjusting to a post-COVID world, see where employment laws are now and what we expect for the near future. Join Goldberg Segalla partner...more

FordHarrison

A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

FordHarrison on

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more

Bradley Arant Boult Cummings LLP

Curse Words and Customer Service: Sixth Circuit Affirms Dismissal of Tourette Syndrome ADA Claim

If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In Cooper v. Dolgencorp, LLC, the Sixth Circuit faced just such an inquiry....more

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