Managing Employee Leave Under the FMLA and ADA
What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors
(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
Compliance Unveiled: 10 Must-Know Tips for the Pregnant Workers Fairness Act & Independent Contractor Rules
The Burr Broadcast: Key Differences Between PWFA and ADA
#WorkforceWednesday: SCOTUS Expands Title VII, EEOC’s Final PWFA Rule, AI Screening Tools - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast | Episode 13: The Americans with Disabilities Act with Stefania Bondurant
The Burr Morning Show: Pregnant Workers Fairness Act
Work This Way: A Labor & Employment Law Podcast | Episode 3: Top Labor & Employment Issues for 2024 with Jennie Cluverius, Cherie Blackburn, and Christy Rogers
Workplace Accommodation after COVID: Legal Update
Podcast: What Employers Should Know about the Pregnant Workers Fairness Act [More with McGlinchey, Ep. 62]
Employment Law Now VII-136 - Summer 2023 Wrap-Up Part 2
The Burr Broadcast Aug. 2023: Pregnant Workers Fairness Act
Supreme Court Miniseries: Religious Accommodation at Work
Employment Law Now VII-133 - Hot Summer Employment Law Developments
#WorkforceWednesday: SCOTUS Introduces Heightened Standard for Religious Accommodation, Rules Against Affirmative Action, Protects “Expressive” Services - Employment Law This Week®
Litigation Lessons for California Employers
DE Under 3: Diving into DEAMcon23 – Accommodations, DEIB, Disability & More
Constangy Webinar - Spring Cleaning: How to Keep your HR Practices Mess Free
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
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
Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more
Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined....more
On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more
Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more
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
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
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more
As we discussed in a recent blog post, the law on Connecticut Family Medical Leave was amended in several significant respects as of January 1, 2022. Most notably, the revised law now requires private employers with at...more
In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more
The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more
As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic. It seems clear that workers-compensation preemption may...more
As the number of reported cases of COVID-19 continues to increase dramatically, several states, including California, Connecticut, Illinois, Massachusetts, Maryland, New York, New Jersey, Ohio, and Louisiana, have issued...more
Employee With Disabilities Denied a Reasonable Accommodation and Discharged After Seeking Two Days of Unpaid Leave, Federal Agency Charges - ATLANTA - American Woodmark Corporation, a wood cabinetry manufacturer, will pay...more
Pregnancy discrimination has been in the news quite a bit lately. Recently, Walmart agreed to pay $14 million as part of a settlement in response to accusations that it systematically discriminated against pregnant employees...more
Does a position that a company is holding for an employee out on FMLA leave an “open position” as contemplated by the Americans with Disabilities Act? In Maxwell v. Washington County, a Mississippi federal district court said...more
The EEOC and federal courts have repeatedly said that employees seeking accommodations for disabilities under the ADA do not have to use any “magic words” to trigger the employer’s obligations. A recent decision from the...more
Hospital Refused to Provide Leave Time as a Reasonable Accommodation to a Class of Employees, Federal Agency Charged - TALLAHASSEE, Fla. - Tallahassee Memorial Healthcare, Inc., a private community healthcare system...more
Proposition 64 changed marijuana laws. What many do not realize is that it did not change employment laws. Employers recognize societal norms are changing with the passing of Prop 64. A new era has commenced and the Family...more
Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave....more
If you’re like most folks, you’ve been wondering “when am I going to see a story mentioning both flesh eating bacteria and reasonable accommodation.” Wonder no more. Gary Brunckhorst worked for the City of Oak Park Heights...more
Employers continue to face challenges managing employee requests for additional or extended medical leaves of absence for employees who are not eligible for or have exhausted FMLA leave. The Equal Employment Opportunity...more
David C. Henderson, a partner in Nutter's Labor, Employment and Benefits practice group, authored an article in Westlaw Journal Employment's "Expert Analysis" section entitled, "6 Things Employers Must Know About The Family...more
Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often...more