The Labor Law Insider - Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse – Part II
Employment Law Now VIII-148- Part 1 of 2: The Final Interview With EEOC Commissioner Keith Sonderling
Work This Way: A Labor & Employment Law Podcast - Episode 30: Plaintiff Legal Trends with Paul Porter of Cromer, Babb & Porter
Motivating Employees Who Are Introverts: Lessons From Spider-Man, Office Space, and The Big Bang Theory — Hiring to Firing Podcast
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know (Podcast)
What's the Tea in L&E? Is Your Employee the Perfect Plaintiff? Insight From the Other Side with Broderick Dunn
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week®
California Employment News: Can Pre- and Post-Shift Activities Be Compensated (Podcast)
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®
#WorkforceWednesday: Termination Meetings on the Record - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast | Episode 8: The Benefits of a Mock Jury with Dr. Jo Ellen Livingston
The Burr Broadcast: EEOC Strategic Enforcement Plan
Work This Way: A Labor & Employment Law Podcast - Episode 5: Workforce Development with William Floyd, Executive Director of the South Carolina Department of Employment and Workforce
#WorkforceWednesday: California’s Non-Compete Notice Deadline Approaches, California Workplace Violence Regulations, Estrada Decision Keeps Door Open for PAGA Challenges - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
A Deep Dive Into Internal Workplace Investigations: Tom Cruise's Minority Report — Hiring to Firing Podcast
Middle East Conflict Impact on the Healthcare Workplace: An HR Perspective
The Chartwell Chronicles: Employment Law Hot Topics
When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more
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
When a disabled employee requests a workplace accommodation, the Americans with Disabilities Act instructs the employer to determine whether the requested accommodation (or an alternative) allows the employee to perform the...more
When reviewing requests for accommodation from sick or injured workers, employers often focus on whether the requested accommodation is reasonable or whether it imposes an undue hardship on the company. ...more
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more
In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more
Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more
Your job descriptions may be more important than you think, and what better time to review and update them than the start of the new year? In this blog, we discuss why job descriptions are important and the things to consider...more
Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more
Under the Americans with Disabilities Act, if an employee with a disability requests accommodation, the employer must work with that person to determine if there are reasonable measures that can be taken that allow the...more
Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more
On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more
In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more
From time to time, we encounter requests from employees for accommodations under the Americans with Disabilities Act that appear unrelated to the employee’s underlying medical condition. For example, an employee with a back...more
A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more
On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more
The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more
What happens if you give an employee an accommodation that goes above and beyond what the ADA requires? Can you change your mind down the road and stop providing that accommodation? Or are you stuck providing that...more
If asked to describe the essential functions of a given job, most employers would include actually showing up to work as a critical component. In recent years the Equal Employment Opportunity Commission has taken the position...more
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more
Under the Americans with Disabilities Act (“ADA”), an employee is entitled to a reasonable accommodation if the employee has a disability and is a “qualified individual,” meaning that the employee can perform the essential...more
Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more
It was a close call, but a court recently denied an employee’s Americans with Disabilities Act claim that her employer had improperly refused a request to continue working from home as an accommodation. With the growth of...more
In his classic 1998 business book “Who Moved my Cheese?,” Spencer Johnson discussed the need for businesses and employees to focus on the need to adapt to changes in their industries. In our practice, we frequently see claims...more
Seyfarth Synopsis: In a 2-1 decision in Bilinsky v American Airlines, Inc., 2019 WL 2610944 (7th Cir. June 26, 2019), the Seventh Circuit recently affirmed American Airlines’ summary judgment win against a former employee who...more