News & Analysis as of

Disabilities

Charles E. Rounds, Jr. - Suffolk University...

May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the...more

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: March 2025 Issue

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New Jersey Officially Introduces Driver’s License Notation for Autistic Motorists - Autistic motorists in New Jersey, as well as their parents/guardians, are now able to request that their autism diagnoses be notated on...more

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

Accessibility Law in Canada: Cross-Country Disability Access Legislation

Some jurisdictions in Canada are subject to accessibility legislation that sets disability access standards, such as for provincially regulated organizations operating in the provinces of Ontario and Manitoba and for...more

Farrell Fritz, P.C.

New York Court of Appeals Upholds Adult Home Admission Regulations

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New York Department of Health (DOH) regulations provide that an adult home may not admit additional residents with serious mental illness if it has a capacity of 80 or more beds and its resident population is over 25% persons...more

Bricker Graydon LLP

[Webinar] Creating Neuroinclusive Grievance Procedures (Higher Education Free Series) - February 19th, 12:00 pm - 1:00 pm ET

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Statistics suggest that up to 20% of the population includes individuals who have a neruodiverse condition that impacts how they process, recall, and communicate information. This presentation will discuss the most common...more

Fox Rothschild LLP

Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed

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Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more

Frantz Ward LLP

President Trump’s Executive Order Rescinding Executive Order 11246: What Does this Mean for Federal Contractors?

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On January 21, 2025, President Donald Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”...more

Marshall Dennehey

Under Section 410 of the Act, the Claimant’s Widow Was Not Barred From Receiving a Workers’ Compensation Judge’s Award of Specific...

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Elmer Riehl v. Beiler Brothers, LLC (WCAB); No. 1563 C.D. 2023; Filed November 18, 2024; Judge Fizzano Cannon - On October 11, 2011, the claimant sustained a work injury in the nature of incomplete tetraplegia (paralysis of...more

Lerch, Early & Brewer

Must an Employer Accommodate a Disabled Employee Who is Able to Work but Unable to Commute?

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Most requests for disability accommodation arise out of the impact of an employee’s medical condition on their ability to perform their job duties. But sometimes an employer is confronted with a disabled employee requesting...more

Littler

Illinois Eliminates Subminimum Wages for Disabled Employees

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On January 21, 2025, Governor JB Pritzker signed the Dignity in Pay Act (HB793) into law. The Dignity in Pay Act mandates that subminimum wage authorizations otherwise authorized under federal law be phased out and completely...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update – January 2025

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Due to the situation-specific nature of parental involvement in educational decisions, nonparticipation in one decision due to a procedural inadequacy is not automatically a major barrier to a parent’s input in the overall...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 5 - January 2025

As the world reacted to the shove heard round the world, the General Assembly kept a low profile on Friday. Convening an hour earlier than the Senate, the House gaveled in and out before senators even made it to their desks....more

Hogan Lovells

Ireland’s June 2025 deadline for making consumer banking services more accessible to persons with disabilities

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There are over 80 million people with disabilities in the EU. The European Accessibility Act 2019 (EAA) implements the UN Convention on the Rights of Persons with disabilities (UNCRPD) and aims at providing greater...more

Akerman LLP - HR Defense

DOL Proposes End of Program Allowing Employers to Pay Disabled Employees Subminimum Wage

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As part of a program dating back to 1938, the little-spoken-about Section 14(c) of the Fair Labor Standards Act (FLSA) includes a provision that allows employers to obtain certificates from the U.S. Department of Labor (DOL)...more

McDermott+

McDermott+ Check-Up: December 13, 2024

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Senate Special Committee on Aging Holds Hearing on People with Disabilities. Senators and witnesses acknowledged the significant barriers that exist for Americans with disabilities and discussed current and proposed federal...more

Ius Laboris

Quotas for Employing People With Disabilities in a Range of Countries

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The World Health Organisation states that over one billion people live with some form of disability. It has been observing 3 December as ‘International Day of Persons with Disabilities’ since 1992....more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - December 2024

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This month’s Friday Five explores recent decisions including the impact of a COVID furlough on eligibility for LTD benefits, what constitutes a breach of an employer’s fiduciary duty, what defines total proof of disability or...more

Fisher Phillips

Labor Department Seeks to End Lower Minimum Wage for Workers with Disabilities: 6 Things Employers Need to Know

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The federal government wants to phase out the lower minimum wage that employers can pay to certain workers with disabilities, according to a proposal that the U.S. Department of Labor (DOL) just announced. Supporters of the...more

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

DOL Proposes Nixing Subminimum Wages for Workers With Disabilities

On December 4, 2024, the U.S. Department of Labor (DOL) proposed ending the practice of paying subminimum wages to workers with certain disabilities. The proposed rule would phase out subminimum wages for workers with...more

Jackson Lewis P.C.

Proposed Rule Would End Subminimum Wage for Employees with Disabilities

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The U.S. Department of Labor (DOL) has issued a proposed rule to end the practice of paying subminimum wages to certain workers with disabilities. The proposed rule, announced December 3, 2024, marks the first rulemaking...more

Fox Rothschild LLP

DOL Announces Proposed Rule to Phase Out Subminimum Wage for Workers With Disabilities

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The Department of Labor (DOL) announced a proposed rule that would phase out the ability of employers to pay employees with disabilities less than the federal minimum wage. Currently, under section 14(c) of the Fair Labor...more

Littler

Georgia as a Model Employer for Individuals With Disabilities

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Georgia Senate Bill 384, signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program. The GAME Program regulates labor practices of public offices related to the recruitment, hiring,...more

Weber Gallagher Simpson Stapleton Fires &...

Schedule of Disabilities Chart for New Jersey Workers’ Compensation

In this WG Alert, you will find the 2025 Schedule of disabilities chart for New Jersey workers’ compensation claims. The Statutory maximum and minimum for 2025 have increased to $1,159 and $309 respectively. There were no...more

Stotler Hayes Group, LLC

Holding State Medicaid Agencies Accountable: A Federal Court Issues Ruling on Deficiencies and Discrimination in TennCare

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“Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, or zealous lawyering to receive healthcare benefits they are entitled to under the law.” - Waverly D. Crenshaw, Jr., United...more

Littler

Littler Lightbulb: September Appellate Roundup

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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

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