News & Analysis as of

Wage and Hour Employer Liability Issues Disability

Morgan Lewis

Observance of Rights of Persons with Disabilities by Legal Entities in Accordance with the Laws of the Republic of Kazakhstan

Morgan Lewis on

The work on creating equal opportunities for persons with disabilities is underway at the legislative level in Kazakhstan, including the development of the draft law On Amending Certain Legislative Acts of the Republic of...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Constangy, Brooks, Smith & Prophete, LLP

Fit for duty? Be careful what you ask for.

At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

Nossaman LLP on

Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Epstein Becker & Green

Hawaii Repeals “Disability Subminimum Wage”

Epstein Becker & Green on

On June 16, 2021, Hawaii enacted Senate Bill 793 (the “Act”), which repeals an exemption to the minimum wage for disabled employees, often referred to as “the disability subminimum wage.” The Act took effect immediately and...more

Jackson Lewis P.C.

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

Jackson Lewis P.C. on

Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more

Poyner Spruill LLP

Recent 4th Circuit Case Gives Best Practices for ADA Accommodation Claims

Poyner Spruill LLP on

Recently, the Fourth Circuit issued an opinion in an Americans with Disabilities Act (ADA) accommodation case, Elledge v. Lowe’s Home Centers, LLC[i]. The case shows the importance of employers paying close attention to the...more

Constangy, Brooks, Smith & Prophete, LLP

Revised Form For Self-Identification Of Disability Released

Federal contractors must begin using the new form by August 4. The Office of Federal Contract Compliance Programs announced the release of a new and “streamlined” Voluntary Self-Identification of Disability form. The...more

Hogan Lovells

Employment Newsletter: TUPE, disability, unfair dismissal, tribunal limits

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No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Bath & Body Works, LLC For Disability Discrimination

Federal Agency says Delaware Company Refused a Reasonable Accommodation for Employee with Diabetes and Vision Issues - MINNEAPOLIS - Bath & Body Works, LLC, a national retail chain selling bath and beauty products...more

Bass, Berry & Sims PLC

Is a Reduced Work Schedule for a Full-Time Employee a Reasonable Accommodation?

Bass, Berry & Sims PLC on

The recent Sixth Circuit opinion in Hostettler v. The College of Wooster, No. 17-3406 (6th Cir. July 17, 2018), is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an...more

Fisher Phillips

Flurry Of Recent ADA Cases Can Be Instructive For Employers

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Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more

Hogan Lovells

Employment News - February 2018 #2

Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Ask the right question – disability and occupational health advice - All work and no pay – standby time at home was working time - Going up –...more

Seyfarth Shaw LLP

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

Littler

Telework Under The ADA & Other Nondiscrimination Laws

Littler on

A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more

Littler

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

Littler on

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

Constangy, Brooks, Smith & Prophete, LLP

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

Proskauer Rose LLP

California Employment Law Notes - July 2014

Proskauer Rose LLP on

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

Sherman & Howard L.L.C.

The 2014 Colorado Legislative Session in Review

The 2014 Colorado legislative session adjourned on May 7, 2014. The legislature tweaked several pre-existing employment laws but steered away from major changes to the employment relationship in Colorado. Below is a summary...more

Morgan Lewis

ECJ Expands Meaning of “Disability” Under Equal Treatment Directive

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Court confirms that "disability" should be interpreted broadly and places onus on employers to explore a reduction in working hours as a potential adjustment....more

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