News & Analysis as of

Americans with Disabilities Act (ADA) Reasonable Accommodation Wage and Hour

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

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Constangy, Brooks, Smith & Prophete, LLP

Don't use AI to get around the ADA!

Warning -- I'm about to go on a rant. Do you ever read something in the news that just makes you go, "Sheesh, people!!!" Or words to that effect? And, no, I am not talking about the Presidential Election. The Wall Street...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

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

Husch Blackwell LLP on

The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

Lowenstein Sandler LLP

Pregnant Workers Glowing Over New Pregnancy Related Rights and Benefits

Pregnant workers will soon have the right to an expanded range of accommodations under the final regulations interpreting the federal Pregnant Workers Fairness Act (PWFA). Those regulations, issued by the Equal Employment...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

Houston Harbaugh, P.C.

New Year’s Review of Legal Changes in Employment Accommodation: Pregnancy Accommodation

Houston Harbaugh, P.C. on

This is a follow-up article on changes in employer accommodation law. Last week’s article addressed the increased level of accommodation required for employees’ religious beliefs – New Year’s Review of Legal Changes in...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s Top 5 Employment Law Articles of 2023

The world of employment law is ever-changing, and 2023 was no exception. Keeping up with the latest developments can be daunting, but it's necessary for professionals across all industries. That's why we've compiled a list of...more

Constangy, Brooks, Smith & Prophete, LLP

Your employee has dementia: what to do?

Expect to see more of this. A judge in Connecticut recently dismissed a lawsuit filed by a 26-year employee who developed early-onset Alzheimer's disease. According to the court's opinion, the employee had performed well...more

Manatt, Phelps & Phillips, LLP

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

Jackson Lewis P.C.

A USERRA Leave Primer for Manufacturing Employers

Jackson Lewis P.C. on

Manufacturers rely on consistent employee attendance to operate production lines and meet critical delivery deadlines to customers. The best-laid production plans can be disrupted by employee absences leaving a gap in the...more

Haynsworth Sinkler Boyd, P.A.

Navigating Pregnancy and Postpartum Employment Laws in the Workplace: A Guide for Employers

In a recent employment law webinar, Haynsworth Sinkler Boyd's Chris Gantt-Sorenson discussed the federal and state laws applicable to pregnant, postpartum and nursing employees. It is important for employers to understand the...more

Constangy, Brooks, Smith & Prophete, LLP

When it comes to HR, don't quit your day job, Miss Manners.

Was that impolite? Miss Manners (or her kids, who are doing Judith Martin's old column much of the time) have weighed in on some employment law issues lately. They really need to stick to advising their audience to send...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Jackson Lewis P.C.

Accommodations Developments Add Scheduling Challenges for Retailers

Jackson Lewis P.C. on

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court...more

Sheppard Mullin Richter & Hampton LLP

Employers Under Fire: How to Address Employee Pay and Related Issues When Faced with Natural Disasters

As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters...more

Littler

Littler Lightbulb – August Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more

Fox Rothschild LLP

EEOC Issues Proposed Rule for Pregnant Workers Fairness Act

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) issued proposed regulations for the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers with 15 or more employees to provide reasonable accommodations to...more

McGlinchey Stafford

EEOC Issues Proposed Regulations for Implementation of the Pregnant Workers Fairness Act

McGlinchey Stafford on

On December 9, 2022, President Biden signed the Pregnant Workers Fairness (PWFA) into law. The Act requires that covered employers provide “reasonable accommodations” to employees as may be necessitated by pregnancy,...more

Stevens & Lee

Pregnant Workers Fairness Act Expands Protections and Employer Obligations

Stevens & Lee on

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

McCarter & English, LLP

Employer Obligations to Accommodate Pregnant Workers Under Federal Law Expand Again on June 27—Are You Ready?

Starting today, many employers will be required to provide reasonable accommodations to pregnant workers pursuant to the Pregnant Workers Fairness Act (PWFA), which was passed late last year as part of the omnibus spending...more

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