News & Analysis as of

Americans with Disabilities Act (ADA) Drug & Alcohol Abuse Family and Medical Leave Act (FMLA)

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

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

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

K&L Gates LLP on

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Winstead PC

2018 Benefits Grab Bag - Tax Reform, Bipartisan Budget Act and Other Items

Winstead PC on

Even though the Tax Cuts and Jobs Act made some changes to how the Internal Revenue Service (the “Service”) is to adjust retirement plan contribution limits late last year, the Service confirmed that the limits on retirement...more

Parker Poe Adams & Bernstein LLP

Mandatory Disclosure of Prescription Drug Use May Violate ADA

When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more

FordHarrison

ADA and Batman - by Robin

FordHarrison on

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the...more

Littler

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

Littler on

It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

Baker Donelson

Play Under Review: USC Football Coach Wanted Mid-Season Timeout for Alcoholism

Baker Donelson on

At the beginning of last year's college football season, many folks had high expectations for the University of Southern California Trojans and the team's second-year head coach, Steve Sarkisian. Instead, USC ended the season...more

Franczek P.C.

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

Franczek P.C. on

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

Fisher Phillips

Ask Fisher & Phillips: Our Top 10 Questions From Dealers (Part Three)

Fisher Phillips on

This edition of “Ask Fisher & Phillips” picks up where our last newsletter left off – here is the concluding segment of the “Top 10 Questions from Dealers” from the past year....more

Parker Poe Adams & Bernstein LLP

Last Chance Drug and Alcohol Use Policy Did Not Violate ADA

Some employers believe in giving employees a second chance. When the reason for taking action is related to drug or alcohol use, employers frequently require employees to agree to certain terms as a condition of returning to...more

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