News & Analysis as of

Employment Policies Employer Liability Issues Reasonable Accommodation

Dentons

Pregnant Workers Fairness Act

Dentons on

This spring, the US Equal Employment Opportunity Commission (EEOC) issued a press release that its Pregnant Workers Fairness Act (PWFA) would be published in the Code of Federal Regulations in April and become effective in...more

Parker Poe Adams & Bernstein LLP

Employers May Modify or End Accommodations Based on Changes to Job

When considering accommodations requested by an employee due to a disability, employers sometimes fail to think through the long-term effects of such changes. In many cases, the accommodation request is permanent, meaning...more

Spilman Thomas & Battle, PLLC

The Parameters for Allowing Political Conversations at Work

Conversations and “water cooler talk” among colleagues have long been integral to workplace culture. In modern times, the “water cooler” has expanded beyond the physical workplace to include online work platforms (Slack,...more

Tucker Arensberg, P.C.

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

Tucker Arensberg, P.C. on

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

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

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

Fisher Phillips

Home Services Employer Learns the Dangers of Failing to Accommodate Pregnant Employee – 4 Lessons for Employers

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The Equal Employment Opportunity Commission (EEOC) recently announced a settlement to resolve a discrimination charge alleging an employer terminated a pregnant employee after she requested a reasonable accommodation to...more

Woods Rogers

What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors

Woods Rogers on

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan discuss putting in place...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

Parker Poe Adams & Bernstein LLP

Failure to Provide Employee With Private Office May Have Violated ADA Accommodation Requirements

Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

Clark Hill PLC on

Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...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

Dentons

Bite with no Bark: Eighth Circuit Recognizes Limitations on Certain ADA Accommodations

Dentons on

In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Ius Laboris

Hong Kong’s guide dog recommendations

Ius Laboris on

The Equal Opportunities Commission recently issued Guide Dogs: A Practical Guide with a view to better protect the rights of guide dog users in public settings....more

Littler

New York Now Requires Paid Lactation Breaks

Littler on

Effective June 19, 2024, New York employers will be required to provide up to 30 minutes of paid lactation breaks to employees each time an employee has a reasonable need to express breast milk at work. This change to New...more

FordHarrison

EntertainHR: Baby Reindeer and Employee Protections for Victims of Stalking or Domestic Violence

FordHarrison on

Baby Reindeer on Netflix is the dark, fictionalized account of how one man’s stalker forever changed his life. It tells the story of a struggling London comedian, Donny Dunn, who meets a woman, named Martha, in a pub where he...more

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

Ballard Spahr LLP

New EEOC Pregnant Workers Rule Adds Requirements This Month

Ballard Spahr LLP on

The U.S. Equal Opportunity Commission (EEOC) has issued its final regulations for the Pregnant Workers Fairness Act (PWFA), providing explanation and guidance for employers in implementing the PWFA in their workplaces and...more

Seyfarth Shaw LLP

It’s An Election Year: Understanding Restrictions on Employer Actions Regarding Employee Political Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis:  In six months, the U.S. presidential election will take place and inevitably employee views on the elections and election issues will make their way into the workplace.  In yesterday’s highly polarized...more

Parker Poe Adams & Bernstein LLP

Cumulative Burden of ADA Accommodation Requests Can Result in Undue Hardship

When consulting with employers regarding employee accommodation requests under the Americans with Disabilities Act, we frequently hear concerns that granting a requested accommodation will likely result in coworkers making...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Quarles & Brady LLP

The PWFA Regulations Have Arrived: What to Expect When Your Employees Are Expecting

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When it was enacted in June 2023, the Pregnant Workers Fairness Act (“PWFA”) became the first law enforced by the U.S. Equal Employment Opportunity Commission (“EEOC”) to require that employers provide pregnancy-related...more

Akerman LLP

Celebrating Working Moms: How Companies Can Support Mothers in the Workplace

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With Mother’s Day coming up on May 12, it is a great time for companies to review their workplace policies regarding working moms, and update or supplement them as needed....more

Fox Rothschild LLP

The EEOC’s Enforcement Guidance on Harassment in the Workplace: What Employers Need to Know

Fox Rothschild LLP on

The EEOC recently released its final Enforcement Guidance on Harassment in the Workplace, replacing earlier guidance issued between 1987 and 1999. The guidance, issued on April 29, 2024, reflects how the EEOC’s...more

Perkins Coie

EEOC’s Final Rule Regarding Pregnant Workers Fairness Act

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On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, scheduled to take effect on June 18, 2024. The Final Rule largely leaves in place the...more

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