News & Analysis as of

Workplace Hazards Americans with Disabilities Act (ADA)

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

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Littler

Build Back Botter: What Artificial Intelligence Means for the Construction Workplace

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“Hey Chat GPT, finish this building.” This dare, written on a billboard that went viral last year, captures a truth and a stereotype about the world of construction. The truth is that the construction industry will, for the...more

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

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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

Amundsen Davis LLC

[Webinar] Addressing Mental Health Issues in the Workplace - August 8th, 12:00 pm CT

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There is an ever increasing awareness of mental health issues in the workplace, especially since mental health issues can lead to hazardous working conditions. But what responsibility does an employer have to address these...more

Amundsen Davis LLC

An Employer Matrix -- Addressing Mental Health Issues in the Workplace

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With the rise of active shooters in workplaces and schools there is an ever increasing concern over workplace violence and related employee mental issues. When addressing these concerns a company is faced with a complicated...more

Bailey & Glasser, LLP

Remote Work Accommodation Requests in a Post-COVID World: How “Essential” is the Office Anyway?

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After nearly two years of having the flexibility to work from home, it’s not hard to understand why many employees are reluctant to return to the “old ways” of business casual attire, hour-long commutes, and five days per...more

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

COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these...more

Akerman LLP - HR Defense

COVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure

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The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on...more

Seyfarth Shaw LLP

Keep Out: How to Stop Drugs and Alcohol from Entering in the Workplace

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1.  Introduction - Despite the COVID-19 pandemic, drugs and alcohol remain a significant occupational safety issue for employers across the country.  The legal environment is rapidly changing for many drugs, and additional...more

Stoel Rives LLP

COVID-19: Employer FAQs

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To assist employers navigating these difficult and unprecedented times, below are some frequently asked questions and answers. These FAQs provide general guidance only and are not intended to serve as legal advice. Our...more

Dentons

Coronavirus in the Workplace

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The news is full of both images and stories about coronavirus/COVID-19 and the toll it’s taking in China. With increased activity in the United States and travel restrictions, as well as some U.S. citizens being quarantined,...more

Seyfarth Shaw LLP

Chinese Coronavirus Outbreak – What Employers Need to Know

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Seyfarth Synopsis: First American case reported of deadly new Chinese coronavirus. The Centers for Disease Control and Prevention (CDC) has indicated that it is closely monitoring an outbreak caused by a new 2019 Novel...more

Littler

Ebola Back in the News: What Employers Need to Know about the Ongoing Outbreak

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The World Health Organization (WHO) has recently declared a global health emergency due to an outbreak of Ebola in the Democratic Republic of Congo. WHO officials made the declaration after the virus recently spread to Goma,...more

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

6 FAQs on Measles in the Workplace: What Employers Need to Know

On May 17, 2019, the Centers for Disease Control and Prevention (CDC) reported that 880 individual cases of measles had been confirmed in 23 states across the country in 2019. According to the CDC, the current outbreak of...more

Seyfarth Shaw LLP

Health Care Employers Face Workplace Safety Challenges from Virulent New Multidrug-Resistant Fungus

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Seyfarth Synopsis: Health care providers are increasingly called upon to address drug resistant medical cases such as Candida auris (C. auris), an emerging multidrug-resistant fungus that presents a serious health threat to...more

Seyfarth Shaw LLP

Workplace Hazards And Pregnancy – What’s An Employer To Do?

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Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more

Best Best & Krieger LLP

Best in Law: Houston Has a Problem; Make Sure You Don’t - Partner D. Brian Reider Writes About Disaster Preparedness for the...

As the horrible hurricane Harvey and Irma disasters unfolded recently, and wildfires have raged all over the West, we are reminded that the time is now to think carefully about disaster preparedness. Here in California, our...more

Parker Poe Adams & Bernstein LLP

EEOC Sues Employer for Requiring That Epileptic Employee Take Medication as a Condition of Continuing Employment

On occasion, an employee’s medical condition may cause employers concern over that person’s ability to operate heavy machinery or otherwise to work in a hazardous environment. For example, an employee with epilepsy has...more

Proskauer - Law and the Workplace

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Fisher Phillips

Death Threats Lead To Employer's ADA Victory

Fisher Phillips on

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

BakerHostetler

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

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In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

Dorsey & Whitney LLP

Quirky Question #256, Mandating vaccines for employees?

Dorsey & Whitney LLP on

Question: Between the flu and the current measles outbreak, we are considering imposing a requirement on each of our employees to get a flu vaccine each year and either get the MMR vaccine or provide proof that they...more

Baker Donelson

Responding to West-African Employees who Travel to Ebola-Affected Countries - Employee Rights vs. Public Health Concerns

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Buried near the end of articles in the New York Times and The Washington Post about the first United States Ebola patient, Thomas Eric Duncan, was the observation that the quarantine being imposed on Mr. Duncan’s fiancée, her...more

FordHarrison

Stanley Knievel

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Litigation value: Stanley can sue Dwight blind for his bull dart assault. This is an employment law blog. So when tonight’s episode opened, and I saw that Dwight had shut down the building’s elevator for repair, leaving...more

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