News & Analysis as of

Employer Liability Issues › Adverse Employment Action › Workplace Injury

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

CDF Labor Law LLP on

This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Ruling Expands Employers’ Potential Liability In Failure-To-Accommodate Disability Claims

Greenbaum, Rowe, Smith & Davis LLP on

The New Jersey Supreme Court has finally settled the issue of whether New Jersey employees must demonstrate the existence of an adverse employment action (i.e., transfer, suspension, failure to promote, termination, etc.) to...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

Seyfarth Shaw LLP on

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Bradley Arant Boult Cummings LLP

My Safety Complaint Was Unsafe for My Continued Employment

Bradley Arant Boult Cummings LLP on

OSHA Safety Retaliation – What Is It? Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational...more

McNees Wallace & Nurick LLC

Workers’ Compensation Settlements: Are You Protected Against Future Employment Claims?

McNees Wallace & Nurick LLC on

Picture this. You have just settled a problem workers’ compensation case and you or your carrier have disbursed settlement checks totaling $100,000 in exchange for a full and complete compromise and release of “any and all...more

Akerman LLP - HR Defense

OSHA Clarifies Its “Just Say No” to Automatic Post-Accident Drug-Testing Position

Akerman LLP - HR Defense on

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many...more

Franczek P.C.

When an Employee Falls Off a Ladder at Work, is His Absence Covered by FMLA? An Employer's Misstep Discussed...

Franczek P.C. on

Note to self: When one of my employees: -falls off a ladder at work, is taken to urgent care by the company’s HR Director, asks whether the FMLA would apply to his absence, then, as a result of his doctor’s orders,...more

Polsinelli

Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

Polsinelli on

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The...more

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