News & Analysis as of

Reasonable Accommodation Family and Medical Leave Act (FMLA) Wage and Hour

Constangy, Brooks, Smith & Prophete, LLP

3 things that will make an employer's case go down to defeat

Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more

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

FordHarrison

The U.S. Mental Health Crisis and the Workplace

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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

Epstein Becker & Green

Understanding the DOL’s Field Assistance Bulletin No. 2024-1: AI and Automated Systems in the Workplace

Epstein Becker & Green on

In response to President Biden’s Executive Order 14110 calling for a coordinated U.S. government approach to ensuring the responsible and safe development and use of AI, the U.S. Department of Labor Wage and Hour Division...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

Jackson Lewis P.C.

A USERRA Leave Primer for Manufacturing Employers

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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.

Essentials for Maintaining Employee Handbooks, Including the Latest Employment Law Updates

While not legally required, having an employee handbook is in every company’s best interest. It serves as a tool to communicate policies, procedures, and company values, providing protection for employers when they are...more

Mitratech Holdings, Inc

Local, state, and federal regulation changes that could impact your policy management (and how to keep up with them)

From labor codes and workplace safety regulations to cyber security reporting requirements, see the latest updates that may have an effect on your policy management strategy. In the ever-changing landscape of the modern...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

Fox Rothschild LLP

EEOC Issues Proposed Rule for Pregnant Workers Fairness Act

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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

Cohen Seglias Pallas Greenhall & Furman PC

Employees Can Now Use FMLA Leave to Reduce Their Schedules Indefinitely

On February 9, 2023, the U.S. Department of Labor (DOL) issued an opinion letter stating that employees may use the Family and Medical Leave Act (FMLA) to reduce their work hours indefinitely. The DOL issued its letter in...more

Pullman & Comley - Labor, Employment and...

Reduce Your Risk of Employment Claims in 2023 - Tips #3 and #4

This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more

Venable LLP

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

Venable LLP on

Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

Parker Poe Adams & Bernstein LLP

Employer's Alleged Refusal to Provide Schedule Changes Results in Jury Trial

Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more

Mitratech Holdings, Inc

Addressing the Challenge of Keeping HR Policies Compliant [Webinar Recap]

Mitratech and Clear Law Institute sat down for an expert panel uncovering how today’s companies can stay one step ahead of shifting regulatory and HR policies. Employers and HR & Compliance professionals from across...more

Morgan Lewis - Tech & Sourcing

Remote Work Employment Issues: A Conversation with David McManus and Emily DeSmedt

As part of our Spotlight series, we welcome David McManus, a partner in our New York office and the deputy leader of Morgan Lewis’s labor and employment practice, and Emily DeSmedt, a partner in our Princeton office, who...more

Constangy, Brooks, Smith & Prophete, LLP

"We can't accommodate spitting"

Fictional, but based on a true story. It was a dark and stormy night. There I was, the second shift HR supervisor, trying to renew my annual subscription to SHRM during some down time. It was about 9:30 p.m. "Your credit...more

Nelson Mullins Riley & Scarborough LLP

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more

FordHarrison

This is Us: What’s the FMLA Got to Do With It?

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When faced with an employee who needs to take time off work to care for a family member with a serious health condition, employers should know that the Family and Medical Leave Act (“FMLA”) provides certain job protections....more

Proskauer - Law and the Workplace

7th Circuit: Actual Denial of Leave Not Necessary for FMLA Interference Claim

On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

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As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

Cranfill Sumner LLP

[Webinar] Employment Law Roundtable 2022 - April 21st, 10:00 am - 11:00 am ET

Cranfill Sumner LLP on

Employment attorneys from our firm will discuss a range of Employment Law topics, including recognizing the importance of the agency principle, managing the manager, challenging the paradigm of no due process for at-will...more

Amundsen Davis LLC

Local and State Law Updates: California and Oregon Issue New Posters

Amundsen Davis LLC on

As of January 2022, the State of California and the State of Oregon have issued new workplace posters and updated certification forms related to various labor laws. The materials addressed below are mandatory postings for all...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

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