EEOC allegations ring true. Continue Reading ›
Accommodate, accommodate, accommodate!
I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller ones). Continue Reading ›
Happy Father's Day weekend, y'all! Continue Reading ›
Try wrapping your head around this one. Continue Reading ›
Whoa, Nelly! It's a stampede! Continue Reading ›
Based on a real lawsuit. Continue Reading ›
Stuff's getting real. Continue Reading ›
Don't be this employer. (Allegedly.) Continue Reading ›
How'd that happen? Continue Reading ›
Don't shoot from the hip. Continue Reading ›
With some help from Charles Dickens. Continue Reading ›
In other words, which presidents can we -- ahem -- blame? Continue Reading ›
The USDOL has issued a handy little guide. Continue Reading ›
Even if the employee doesn't qualify. Continue Reading ›
Employers, don't be too rigid about employee notice requirements. Continue Reading ›
Here's a handy summary of the federal employment laws that apply to vets. Continue Reading ›
The court is right, I think. Continue Reading ›
Test your knowledge about FMLA, pregnancy, and more! Continue Reading ›
Before the coming crackdown. Continue Reading ›
Bless this employer's heart. Continue Reading ›
Should the employer force the issue? Continue Reading ›
In honor of Veterans Day, here's a summary of employment laws that protect you. Continue Reading ›
A mixed bag for employers, but not bad. Continue Reading ›
And my best guesses as to the answers. Continue Reading ›
This is not good news. Continue Reading ›
Some of them, anyway. Continue Reading ›
The Families First Coronavirus Response Act is now law! Continue Reading ›
The scoop on the House version, passed this weekend. Continue Reading ›
"Let's turn over -- a new leaf." Continue Reading ›
HR people, you know what I'm talking about. Continue Reading ›
Take care of yourself! Continue Reading ›
How's your employment law history knowledge? Continue Reading ›
It's spring, and a young person's fancy turns to . . . Continue Reading ›
And dads get to play, too. Continue Reading ›
About time! Continue Reading ›
And happy St. Patrick's Day weekend! Continue Reading ›
Here is a quiz about some of the quirkier aspects of the Family and Medical Leave Act. Continue Reading ›
These will be good until August 31, 2021. Continue Reading ›
Pow! Pow! Pow! Continue Reading ›
"No more of your flimsy excuses! Get back to work!" Continue Reading ›
Do dads have any rights in the workplace? You bet! Continue Reading ›
The expiration date for the current FMLA forms has been extended, from May 31 until June 30. Continue Reading ›
How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out!
Question 1: Which of the following federal employment laws require reasonable
accommodation, either by their terms or as courts have interpreted them over the years?
A. The Americans with Disabilities Act
B. The Family and Medical Leave Act
C. Title VII-religion
D. The Nursing Mothers Act
E. The Pregnancy Discrimination Act
F. All of the above
G. A, C, D, and E
ANSWER: G. The FMLA does not require reasonable accommodation, but all of these other laws do. And there is some overlap between the FMLA and pregnancy or disability accommodation because leave for pregnancy or disability can be a form of reasonable accommodation. Continue Reading ›
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well as the employment provisions (Title I).
Here are four ADA (or ADA-related) areas that employers need to watch in the coming year: Continue Reading ›
This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act.
In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is a reasonable accommodation when the leave is (1) definite and time-limited (not open ended); (2) requested in advance; and (3) likely to enable the employee to perform the essential job functions on return. Noting that under the EEOC’s position “the length of leave does not matter,” the court characterized it as an “open-ended extension” of leave under the Family and Medical Leave Act. Continue Reading ›
By David Phippen of our Metro D.C. Office.
While the year is still young, here are 15 New Year's resolutions that employers may want to make:
1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.
2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)
It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
