News & Analysis as of

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

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

You be the judge: Does this ADA plaintiff have a case?

Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Castle Hills Master Association and Parent Companies for Disability Discrimination

Federal Suit Charges Property Management Companies Fired Hospitalized Resident Coordinator Because of Her Pregnancy-Related Disability - DALLAS – Castle Hills Master Association Inc., and parent companies Bright Realty...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

Ward and Smith, P.A.

A Short Refresher On Discrete Legal Issues During Natural Disasters

Ward and Smith, P.A. on

As they say, an ounce of prevention is worth a pound of cure.  In that spirit, what follows are certain pay and leave issues employers may confront during times of natural disaster – all of which are better to be thought...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pace Southeast Michigan for Disability Discrimination

Says Adult Care Provider Refused to Reasonably Accommodate Employees Returning From FMLA - DETROIT– PACE Southeast Michigan, a company providing all-inclusive care for the elderly, violated federal law at multiple...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

Littler

Littler Lightbulb: July 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....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

Littler

Littler Lightbulb: June Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more

Harris Beach PLLC

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

Harris Beach PLLC on

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

Foley & Lardner LLP

Navigating a New Era: Department of Labor’s Guidance on AI Compliance with FLSA and FMLA

Foley & Lardner LLP on

The rise of artificial intelligence (AI) in personnel management has ushered in a new era of efficiency and productivity, but it also raises important questions about compliance with labor laws. The U.S. Department of Labor...more

Foster Swift Collins & Smith

Preparing Employers | New Regulations for the Pregnant Workers Fairness Act: Michigan Labor and Employment Law

On April 15, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) published final regulations on the new federal Pregnant Workers Fairness Act (PWFA). The new regulations, which will take effect June 18, 2024,...more

Constangy, Brooks, Smith & Prophete, LLP

Mother's Day "pregnancy" quiz!

A lot has changed since Mother's Day 2023. Happy Mother's Day weekend, all, including you dads and kids (we couldn't have done it without you)! How much do you know about pregnancy in the workplace in 2023? Take our quiz...more

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