News & Analysis as of

Light-Duty Positions

McAfee & Taft

EEOC sues employer for ‘100% healed’ policy

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Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete...more

Goldberg Segalla

[Webinar] Mitigating Workers’ Compensation Exposure for New York Employers - November 3rd, 11:00 am - 12:00 pm EDT

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In workers’ compensation, it may seem like the deck is stacked against the employer. However, there are still plenty of ways to mitigate your exposure. Join Goldberg Segalla partner Philip Unwin for this complementary webinar...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - August 9th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more

Stevens & Lee

Pregnant Workers Fairness Act Expands Protections and Employer Obligations

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Employers take note: a new law creates a request for accommodation framework for employees with known limitations due to pregnancy, childbirth or related conditions that is similar to the Americans with Disabilities Act...more

Roetzel & Andress

Is This the End of the Voluntary Abandonment Defense for Ohio Employers?

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On March 2, 2023, the Tenth District Court of Appeals announced its decision in State ex rel. Autozone Stores, Inc. v. Industrial Commission, 2023-Ohio-633. Unfortunately, the decision is not favorable for Ohio employers. ...more

Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

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In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Parker Poe Adams & Bernstein LLP

Federal Court Upholds Employer's Ability to Limit Light Duty to Workers' Comp Situations

​​​​​​​In Young v. United Parcel Service, the U.S. Supreme Court held that an employer’s light duty program that excludes workers with pregnancy limitations can violate federal pregnancy discrimination laws. However, the...more

Sherman & Howard L.L.C.

Key to Light Duty Accommodation Policies Is to Not Make Exceptions

The U.S. Court of Appeals for the Seventh Circuit recently held that Walmart did not violate the Pregnancy Discrimination Act (“PDA”) in declining to extend its light duty policy to pregnant employees, largely because it...more

Amundsen Davis LLC

Light Duty Program Excluding Pregnant Workers Given the OK by the 7th Circuit

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On August 16, 2022, the 7th Circuit Court of Appeals rejected the Equal Employment Opportunity Commission’s (EEOC) attempt to increase the level of scrutiny given to sex discrimination cases under the Pregnancy...more

Ballard Spahr LLP

Seventh Circuit Upholds Walmart Pregnancy Accommodation Win Over EEOC

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The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy...more

Bricker Graydon LLP

Managing workers’ compensation claim costs: Newton’s First Law of Motion and the light duty offer

Bricker Graydon LLP on

If an employee has been injured at work, oftentimes they will not be able to return to their former position. Ohio Workers’ Compensation laws define the inability of an injured worker to return to their former position of...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - May 11th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more

Chartwell Law

Current Hot Topics in Workers' Compensation in Washington, D.C., Maryland, and Virginia

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Chartwell Law's Robert J. Baker, John T. Huskin, Jr., and Steven R. Tregea present this informative webinar addressing the current hot topics in Washington, DC, Maryland, and Virginia workers' compensation and cover: •...more

Seyfarth Shaw LLP

11th Circuit to Employers: Heed Your FMLA Obligations

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Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the...more

Parker Poe Adams & Bernstein LLP

Paying Workers' Compensation Benefits Does Not Absolve Employer of FMLA Obligations

Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

Fox Rothschild LLP

NJ Supreme Court Clarifies Claims Under Pregnant Workers Fairness Act

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The New Jersey Supreme Court has clarified the scope of the Pregnant Workers Fairness Act (PWFA) in a decision that outlines the contours of the statute’s three distinct causes of action. The Court’s unanimous decision in...more

Jackson Lewis P.C.

Don’t Forget About Unpaid Leave As A Possible Reasonable Accommodation In Manufacturing

Jackson Lewis P.C. on

Providing a reasonable accommodation to a disabled employee under the Americans with Disabilities Act (ADA) can be one of the most difficult and complex issues employers, particularly manufacturers, face. If the employee’s...more

Weber Gallagher Simpson Stapleton Fires &...

Workers' Compensation Academy: Pennsylvania COVID-19 Update: Layoff or Furlough from Light Duty as a Result of COVID-19

Weber Gallagher Workers’ Compensation Partners David Greene and Jeffrey Seyfried discuss how COVID-19 is affecting employers who have to layoff or furlough workers from light-duty and if you have to reinstate total disability...more

Poyner Spruill LLP

EEOC Settlement of Pregnancy Discrimination Charge Highlights Right to Accommodation

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On September 17, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that a charge of discrimination against United Parcel Service, Inc. (UPS), alleging failure to accommodate in...more

Jackson Lewis P.C.

The ADA, Occupational Injuries And Light Duty

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It is not uncommon for employees who are on leave and receiving workers’ compensation benefits to be released to return to work with light duty restrictions. To account for these situations, some employers have designated...more

Schwabe, Williamson & Wyatt PC

Oregon’s Equal Pay Law Should Allow Employers to Accommodate Injured Workers: Part 4 of 6

The Oregon pay equity law must allow employers to pay employees differently if the difference is due to a light duty program for injured workers. Many employers allow employees to work in light duty office jobs while they...more

U.S. Equal Employment Opportunity Commission...

Harborview Senior Care Properties to Pay $21,000 to Settle EEOC Disability Suit

Employee Fired for Exceeding Two-Week Maximum Leave Policy, Federal Agency Charged - RALEIGH, N.C. - Senior Care Properties, Inc., doing business as Harborview Rehabilitation and Healthcare Center, will pay $21,000 and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wal-Mart For Pregnancy Discrimination

Menonomie, Wisconsin Distribution Center Refused to Keep Pregnant Workers on the Job Working Light Duty, Federal Agency Charges - MADISON - Wal-Mart violated federal law when it refused to accommodate workers'...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Simplicity Ground Services For Pregnancy Discrimination

Pregnant Employees Forced on Unpaid Leave After Reporting Pregnancies, Federal Agency Charges - DETROIT - Simplicity Ground Services, P.C., an airline-ramp and cargo-handling company in Detroit, violated federal law by...more

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