News & Analysis as of

Disability Coronavirus/COVID-19

Akin Gump Strauss Hauer & Feld LLP

Keeping Education Accessible and Ending COVID-19 Vaccine Mandates in Schools (Trump EO Tracker)

The order establishes a federal policy that prohibits the use of discretionary federal funds to support or subsidize educational institutions that require COVID-19 vaccinations for in-person attendance. It directs the...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

Marshall Dennehey on

1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – October 2024

The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Carlton Fields

Litigation Lineup: Recent Decisions in Life and Disability Insurance Run into Policy Lapse, COVID-19, and Conflict of Interest...

Carlton Fields on

Life Policy Lapse Shortly Before Insured’s Death - In Simon v. USAA Life Insurance Co. (Mar. 29, 2024), the insurer denied death benefits under a term life insurance policy, which had lapsed for nonpayment of premium two...more

Harris Beach Murtha PLLC

New York Budget Bill: COVID Leave Ending, Other Leaves Coming?

New York’s proposed budget bill points toward significant changes in employee leave rights in the coming year. Repeal of NY COVID Paid Sick Leave Law - New York – the last state in the country still requiring all...more

Marshall Dennehey

A Workers’ Compensation Judge’s Approval of a Section 20 Settlement Can Be Contingent on a Petitioner’s Live Testimony

Marshall Dennehey on

Key Points: A workers’ compensation judge has the discretion to require live testimony from a petitioner as a condition for approval of a Section 20 settlement. The New Jersey Appellate Division defers to a judge’s findings...more

BCLP

UK HR Two-Minute Monthly: June 2023

BCLP on

Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

Fox Rothschild LLP

COVID-19 Is Not Necessarily a Disability Under the New Jersey Law Against Discrimination

Fox Rothschild LLP on

The New Jersey Superior Court, Appellate Division has issued a published decision holding that, under the facts of the particular case, COVID-19 alone is not a disability under the New Jersey Law Against Discrimination...more

Miles & Stockbridge P.C.

EEOC Post-Pandemic Guidance for Employers

Over the past three years, employers have navigated various workplace issues impacted by the COVID-19 pandemic, including remote work, vaccination, contraction of COVID-19 in the workplace and workplace accommodations, among...more

Mitratech Holdings, Inc

Please Keep Work-at-Home Options Available for the Disabled!

The employment rate for individuals with disabilities has soared since the mid-2020 depths of the COVID crisis. The driving factors behind this remarkable surge include telework and a tight labor market....more

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

Beltway Buzz - January 2023 #4

POTUS Re-ups Labor Nominees. This week, President Biden renominated Jessica Looman to serve as administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division and José Javier Rodriguez to serve as assistant...more

Dentons

EEOC Guidance: At-Risk Employees and COVID

Dentons on

As noted in a prior article, on July 12, 2022, the EEOC updated its COVID-19 guidance, in relation to the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other equal employment opportunity laws. ...more

Foley & Lardner LLP

Addiction and Substance Abuse in a Post-COVID Era: Navigating Stormy Employment Waters

Foley & Lardner LLP on

As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more

BCLP

UK HR Two-Minute Monthly: Long Covid/disability, “without prejudice”, unfair dismissal statutory cap and news roundup

BCLP on

Our July update includes new case law on Long covid being held to be a disability, challenging the privileged status of “without prejudice” correspondence, and an unfair dismissal case in which a Tribunal made an overall...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on

Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more

Spilman Thomas & Battle, PLLC

Evaluating COVID-19 as a Disability Under the ADA

In December 2021, the Equal Employment Opportunity Commission ("EEOC") updated its guidance, clarifying that COVID-19 may qualify as a disability under the American with Disabilities Act ("ADA"). The ADA is applicable to...more

Miller & Martin PLLC

COVID-19 as a Disability Under the ADA: Considerations for Employers as the Pandemic Continues

Miller & Martin PLLC on

In response to questions from employers and employees alike regarding when COVID-19 constitutes a disability for purposes of the nondiscrimination and reasonable accommodations provisions of the Americans with Disabilities...more

McAfee & Taft

‘Disabling’ COVID-19 effects present ADA considerations for employers

McAfee & Taft on

Despite the decline in positive COVID-19 cases, employers should remain aware of their ongoing obligations to employees impacted by the virus. According to guidance issued by the Equal Employment Opportunity Commission,...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 3, Issue 3

Early Covid-19 Disability Ruling Offers Blueprint for Lawsuits - "The Montgomery, Ala.-based court is one of the first tribunals to weigh in on the issue." - Why this is important: As we enter into the third year of...more

Troutman Pepper Locke

COVID-19 as a Disability

Troutman Pepper Locke on

The Americans with Disabilities Act (“ADA”) provides certain protections for employees and applicants with a “disability,” as defined by the ADA. The ADA defines a “disability” to include...more

Kelley Drye & Warren LLP

Long COVID Now an ADA Disability

In a move that comes as no surprise, the Equal Employment Opportunity Commission (“EEOC”) has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the Americans...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

Nossaman LLP on

Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

Fisher Phillips

Snapshot on Manufacturing Industry: January 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. Is COVID-19 a...more

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